A.
The provisions of this chapter shall be enforced by an agent, to
be appointed by the Board of Supervisors, who shall be known as the
"Zoning Officer." He/she shall receive such fees or compensation as
approved by resolution of the Board of Supervisors. The Zoning Officer
shall not hold any elective office within the Township. No zoning
permit or zoning certificate of use and occupancy shall be granted
by him/her for any purpose, except in compliance with the literal
provisions of this chapter. The Zoning Officer may be authorized to
institute civil enforcement proceedings as a means of enforcement
when acting within his/her scope of employment.
B.
Duties and responsibilities. The duties and the responsibilities
of the Zoning Officer shall be:
(1)
Process applications: to receive, examine and process all zoning
permit and certificate of use applications as provided by the terms
of this chapter. The Zoning Officer shall also issue zoning permits
for special exception and conditional uses, or for variances after
the same have been approved.
(2)
Maintain official records: to maintain and be responsible for
all pertinent records on zoning matters in the Township. These records
shall include, but not be limited to, all applications received, copies
of all zoning permits and certificates of use and occupancy issued,
copies of orders and findings of the Zoning Hearing Board, written
complaints of alleged violations, records of all inspections made,
a current copy of this chapter, and all amending ordinances, the Official
Zoning Map,[1] and all other pertinent information. The records of this
office shall be available for the use of the Township government and
for inspection of any interested party during normal office hours.
The Zoning Officer shall at least annually submit to the Board of
Supervisors a written statement of all permits and certificates of
use and occupancy issued and violations and stop-work orders recommended
or promulgated.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
(3)
Inspections:
(a)
Before issuing any zoning permit or zoning certificate of use and
occupancy at his/her discretion, to inspect or cause to be inspected
all buildings, structures, signs, or land and portions thereof for
which an application has been filed for a zoning permit or a zoning
certificate of use and occupancy. Thereafter, he/she may make such
inspections during the completion of the work for which a zoning permit
has been issued. Upon completion of such work and before issuing a
zoning certificate of use and occupancy, a final inspection shall
be made, and all violations of the approved plans or zoning permit
shall be noted, and the holder of the zoning permit shall be notified
of the discrepancies. The Zoning Officer shall have the right to enter
any building or structure or enter upon any land at any reasonable
hour in the course of his/her duties.
(b)
To inspect properties to determine compliance with all provisions
of this chapter, as well as conditions attached to the approval of
variances, special exceptions, conditional uses, and curative amendments.
(4)
Inspect and/or register nonconformities: upon request by a landowner
and/or the direction of the Board of Supervisors, to inspect nonconforming
uses, structures and lots, and to keep a filed record of such nonconforming
uses and structures, together with the reasons why the Zoning Officer
identified them as nonconformities, as a public record and to examine
them periodically, with the view of eliminating the nonconforming
uses under the existing laws and regulations.
(5)
Assist local officials: upon the request of the Board of Supervisors
or the Zoning Hearing Board, present to such bodies facts, records,
and any similar information on specific requests, to assist such bodies
in reaching their decisions.
(7)
Floodplain variance reporting: upon the granting by the Zoning Hearing Board of a variance pertaining to Chapter 83, Floodplain Management, the Zoning Officer shall notify the applicant, in writing, within 15 days, that:
(8)
Floodplain zone report to DCED: upon the approval by the Zoning Hearing Board of a special exception, or upon the approval of a conditional use by the Board of Supervisors for development located within any floodplain regulated by Chapter 83, Floodplain Management, to send written notice of the approval by registered mail to the Pennsylvania Department of Community and Economic Development.
(9)
Biannual report to FIA: to remain eligible for the National
Flood Insurance Program, the Zoning Officer shall submit a biannual
report to the Federal Insurance Administration concerning the status
of the program in the Township. (The report form shall be provided
by the Federal Insurance Administration.)
(11)
Investigate complaints: when in receipt of a verbal nonanonymous
complaint stating fully the cause and basis thereof, to investigate
alleged violations of this chapter. The Zoning Officer shall have
the express authority to require proof of zoning compliance from any
party through any reasonable means necessary (e.g., removal of tarp
concealing potential violation). Said investigation shall be completed
within 15 days of said complaint. A written report of all investigations
of this chapter shall be prepared and filed by the Zoning Officer.
If, after the investigation, the Zoning Officer determines that a
violation has occurred, he/she shall take action as provided for by
this chapter.
(12)
Prosecute violations: to institute civil enforcement proceedings
as a means of enforcement when anyone undertakes deliberate actions
that are contrary to the terms of this chapter and any conditions
placed upon the approval of special exceptions, variances and conditional
uses or any other approvals authorized under this chapter.
C.
Violations. Failure to secure a zoning permit prior to a change in
use of land or a structure or the erection, construction or alteration
of any structure or portion thereof shall be a violation of this chapter.
It shall also be a violation of this chapter to undertake other deliberate
actions which are contrary to the terms of this chapter and any conditions
placed upon the approval of special exceptions, variances and conditional
uses. Each day that a violation is continued shall constitute a separate
offense.
D.
Enforcement notice. 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 in the following:
(1)
The enforcement notice shall be sent to the owner of record
of the parcel on which the violation has occurred, to any person who
has filed a written request to receive enforcement notices regarding
that parcel, and to any other person requested in writing by the owner
of record.
(2)
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 in violation.
(c)
The specific violation, with a description of the requirements
that 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.
(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 under § 155-174E of this chapter.
(f)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
E.
Enforcement remedies. Any person, partnership or corporation who
or which has violated or permitted the violation of the provisions
of this chapter, enacted under the Act[4] or prior enabling laws, 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 be 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 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 of
this chapter shall be paid over to the Township.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
F.
Causes of action. 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 this chapter,
enacted under the Act or prior enabling laws, the governing body or,
with the approval of the governing body, an officer of the municipality,
or any aggrieved owner or tenant of real property who shows that his/her
property or person will be substantially affected by the alleged violations,
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 municipality at least 30 days
prior to the time the action is begun by serving a copy of the complaint
on the governing body of the municipality. No such action may be maintained
until such notice has been given.
A.
General requirements for zoning permits.
(1)
Actions requiring zoning permits. A zoning permit shall be required
prior to:
(a)
A change in use of land or a structure.
(b)
The erection or construction of a structure (principal or accessory)
or portion thereof, including, but not limited to, fences, but excluding
satellite dish antennas that are less than one meter in diameter.
(c)
The improvement or alteration of any existing structure (principal
or accessory) where such improvement or portion thereof increases
the amount of space which the structure encloses.
(d)
The alteration or development of any improved or unimproved
real estate, including, but not limited to, mining, dredging, filling,
grading, paving, excavation, or drilling operations, but not including
the tilling of soil associated with agriculture.
(e)
The erection or alteration of any signs specified in § 155-45 of this chapter as requiring a zoning permit.
(f)
The construction or installation of animal waste impoundments,
lakes, ponds, dams, or other water retention basins.
(h)
For uses other than a single-family dwelling or agricultural:
[1]
The installation of a new outdoor lighting system.
[2]
The alteration, rehabilitation, or renovation to an existing
outdoor lighting installation which is commenced after the effective
date of this chapter and involves the complete replacement of an existing
lighting system with a new lighting system.
[3]
The replacement of an outdoor light fixture that existed on
the effective date of this chapter.
(2)
Permit exemptions. No zoning permit shall be required for repairs
or maintenance of any structure or land, provided such repairs do
not change the use or the exterior dimensions of the structure or
otherwise violate the provisions of this chapter.
(3)
Form of application. Application for zoning permits shall be
made in writing to the Zoning Officer. Two copies of the application,
including a plot plan, for a zoning permit shall be submitted in such
form as the Zoning Officer may prescribe.
(4)
Permit review deadline. Such zoning permits shall be issued
or rejected within 90 days from date of application.
(5)
Permit conformity. No zoning permit shall be issued except in
conformity with the regulations of this chapter, except after written
order from the Zoning Hearing Board or the courts.
(6)
Permit burden of proof. In all instances in which the Zoning
Officer expresses a reasonable doubt as to the ability of a proposed
use to meet all the requirements of this chapter, it will be incumbent
upon the applicant to furnish adequate evidence in support of his/her
application. If such evidence is not presented, the zoning permit
will be denied.
(7)
Authorization to apply. The parcel or parcels shall be in a
single and full ownership, or proof of option shall be furnished at
the time of application. The full names and addresses of the landowner
or developer, and of the responsible officers if the landowner or
developer is a corporate body, shall be stated in the application.
(8)
Permit referral. The Zoning Officer may call upon other Township
staff and/or Township-appointed consultants in the review of submitted
materials for applications.
(9)
Permit revocation. 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 for any
other cause set forth in this chapter.
(10)
Required permit fees. No permit shall be issued until the fees
prescribed by the Board of Township Supervisors approved by resolution
shall be paid to the Zoning Officer. The payment of fees under this
section shall not relieve the applicant or holder of said permit from
payment of other fees that may be required by this chapter or by any
other ordinances or law. The fees collected for the review of a zoning
permit include one inspection for a zoning certificate of use and
occupancy. Should an applicant fail to demonstrate compliance with
an approved zoning permit at such inspection, he/she will be required
to correct any noted violations and pay another final inspection fee
or submit a new zoning permit application (in compliance with all
requirements listed above), along with its fee for each time the Township
must inspect the site prior to its final issuance of a zoning certificate
of use and occupancy.
(11)
Issuance/rejection of permits. Upon receipt, the Zoning Officer shall examine the permit application within a reasonable time after filing. If the application fails to comply with the provisions of this chapter and all pertinent local laws and/or any conditions of approval attached to the grant of any applicable subdivision and/or land development approval, he/she shall reject such application in writing, stating the reasons therefor. Should the Zoning Officer deny the permit, he/she shall inform the applicant of his/her right to appeal to the Zoning Hearing Board under § 155-174E of this chapter. If satisfied that the proposed work and/or use conforms to the provisions of this chapter, and all local laws and ordinances applicable thereto and/or any conditions of approval attached to the grant of any applicable subdivision and/or land development approval, he/she shall issue a permit therefor as soon as practical, but not later than 90 days from receipt of the complete application.
(12)
Reconsideration of application. An applicant whose request for
a permit has been denied by the Zoning Officer may make a later application
for a permit, provided all deficiencies which were the basis for the
prior denial of the permit have been eliminated. The Zoning Officer
shall not be required to make a new review of the application if this
condition is not met.
(13)
Expiration of permit. The permit shall expire after two years
from the date of issuance; provided, however, that the same may be
extended for a period not to exceed a total of five years upon the
request by the applicant, who can demonstrate good cause for the extension.
(14)
Compliance with chapter. The permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel, or set aside any of the provisions of this chapter, except as stipulated by the Zoning Hearing Board through the issuance of an approved variance under § 155-174D of this chapter.
(15)
Compliance with permit and plot plan. All work or uses shall
conform to the approved application and plans for which the permit
has been issued, as well as the approved plot plan.
(16)
Display of zoning permit. All approved zoning permits shall
be prominently displayed on the subject property during construction,
renovation, reconstruction, repair, remodeling or the conduct of other
site improvements. Such permit displays shall occur within five days
of permit issuance or prior to the commencement of actual work on
the site, whichever occurs first. Such permit display shall be continuous
until the site receives its zoning certificate of use and occupancy.
(17)
Availability of zoning permit. The Zoning Officer shall maintain
a copy of all active zoning permits for inspection.
(18)
Temporary use permits. It is recognized that it may be in accordance
with the purpose of this chapter to permit temporary activities for
a limited period of time in times of local or national emergency and/or
disaster, which activities may be prohibited by other provisions of
this chapter. If such uses are of such a nature and are so located
that, at the time of application, they will in no way exert a detrimental
effect upon the uses of land and activities normally permitted in
the zone and contribute materially to the welfare of the Township,
particularly in a state of emergency, under conditions peculiar to
the time and place involved, then the Board of Supervisors may direct
the Zoning Officer to issue a permit.
B.
Application for all zoning permits.
(1)
Applications shall contain a general description of the proposed
work, development, use or occupancy of all parts of the structure
or land and shall be accompanied by plot plans in duplicate, drawn
to scale and showing the following as may be applicable to the requested
permit:
(a)
The actual dimensions and shape of the lot to be built upon.
(b)
The exact size and location on the lot of buildings, structures,
fences, signs, and areas of land use and existing and/or proposed
extensions thereto.
(c)
The number of dwelling units or other units of occupancy (e.g.,
commercial, industrial, institutional, agricultural, accessory uses,
etc.), if any, to be provided.
(d)
The location and proposed surfacing of driveways and access
drives and copies of any highway occupancy permits as required by
local, county and/or state agencies.
(e)
The height of all structures, buildings, and/or signs.
(f)
Distances of buildings and structures from lot lines and street
right-of-way lines.
(g)
Off-street parking and loading areas and access thereto, including
grades and proposed surfacing.
(h)
Outdoor areas devoted to storage of goods, materials and/or
wastes.
(j)
Utility systems affected and proposed, including primary and
backup on-lot and/or public sewage disposal and water supply systems,
including any required permits.
(k)
Alteration or development of any improved or unimproved real
estate.
(l)
Lot coverage.
(m)
Site lighting plans, including lighting of signs in accordance with the requirements of § 155-33 of this chapter.
(n)
Floor area devoted to each proposed use and unit of occupancy
for both principal and accessory uses.
(o)
Recreation areas.
(p)
Screens, buffer yards, landscaping, erosion control filter strips
and riparian buffers.
(q)
Means of pedestrian access.
(r)
Written approvals for needed conservation plans, nutrient management
plans and/or erosion and sediment pollution control plans.
(s)
Information relating to any zoning approvals obtained from the
Zoning Hearing Board or the Board of Supervisors.
(t)
Copies of any applicable subdivision/land development plan.
(u)
All other information necessary for the Zoning Officer to determine
conformance with and provide for enforcement of this chapter.
(2)
If the proposed development, excavation or construction is located within a floodplain as regulated by Chapter 83, Floodplain Management, the following information is specifically required to accompany all applications:
(a)
The accurate location of the floodplain and floodway;
(b)
The elevation, in relation to the National Geodetic Vertical
Datum of 1929 (NGVD), of the lowest floor, including basements; and
(c)
The elevation, in relation to the NGVD, to which all structures
and utilities will be floodproofed or elevated.
(3)
Applications involving any excavation or earthmoving involving
earth disturbance on 5,000 square feet or more shall require submission
of one or more of the following:
(a)
Applications for permits for agricultural use involving earth
disturbance on 5,000 square feet or more shall require submission
of a letter from the Adams County Conservation District or the United
States Department of Agriculture's Natural Resource and Conservation
Service (NRCS) that the proposed use has an approved conservation
plan.
(b)
Applications for permits involving nonagricultural use where
any of the following conditions apply shall require submission of
a letter from the Adams County Conservation District that the proposed
use has an approved erosion and sediment pollution control plan:
[1]
Earth disturbance will occur on one acre or more;
[2]
The site possesses slopes exceeding 10%;
[3]
The site contains or abuts a body of water or watercourse; and
[4]
The site and proposed use or activity presents the potential
for discharge into state-designated high-quality waters and/or state-designated
exceptional-value waters and/or exceptional-value wetlands.
(c)
Applications for permits that do not involve uses or activities subject to the above § 155-181B(3)(a) and (b) shall require the submission of a signed statement by the applicant that an adequate erosion and sediment pollution control plan will be developed, implemented and maintained prior to any excavation or earthmoving on the site.
(d)
Applications involving forestry uses shall require the submission of information listed in § 155-85 of this chapter.
C.
Application for zoning permit for uses in the Highway Commercial,
Industrial and Quarry Zones. In addition to the preceding requirements
for all zoning permits, uses proposed within the Commercial, Industrial
Zones and/or Quarry Zones shall provide the following information:
(1)
A location plan showing the tract to be developed, zone boundaries,
adjoining tracts, significant natural features, proposed topographic
features, and streets for a distance of 200 feet from all tract boundaries.
(2)
A description of the operations proposed in sufficient detail
to indicate the effects of those operations in producing traffic congestion,
noise, glare, air pollution, water pollution, vibration, fire hazards,
safety hazards or the emission of any potentially harmful or obnoxious
matter or radiation.
(3)
Engineering plans for treatment and disposal of sewage and industrial
waste, tailings or unusable by-products.
(4)
Engineering plans for the handling of traffic, noise, light
and glare, air pollution, water pollution, vibration, fire hazards
or safety hazards, smoke, or emission of any potentially harmful or
obnoxious matter or radiation.
(5)
Designation of the manner by which sanitary sewage and stormwater
shall be disposed and water supply obtained.
(6)
The proposed number of shifts to be worked and the maximum number
of employees on each shift.
(7)
Where use by more than one firm is anticipated, a list of firms
which are likely to be located in the center, their floor area, and
estimated number of employees.
A.
When required. Except in the case of zoning permits issued for tree cutting in accordance with § 155-148 of this chapter, it shall be unlawful to use and/or occupy any structure, building, sign, or land or portion thereof for which a zoning permit is required until a zoning certificate of use and occupancy has been issued by the Zoning Officer. The Zoning Officer shall not issue such certificate unless he/she has inspected said structure, building, sign, or land and has determined that all provisions of this chapter and other laws of the Township have been satisfied and that the applicant has received a certificate of occupancy under the Township Building Code,[1] if applicable.
B.
Form of application. The application for a zoning certificate of
use and occupancy shall be in such form as the Zoning Officer may
prescribe and shall be made at the same time as the application for
a zoning permit is filed with the Zoning Officer.
C.
Description of use and occupancy. The application shall contain a
description of the intended use and occupancy of any structure, building,
sign, or land or portion thereof for which a zoning permit is required
herein.
D.
Action upon applications.
(1)
Except in the case of zoning permits issued for tree cutting in accordance with § 155-148 of this chapter, the Zoning Officer shall inspect any structure, building, sign or use of land within seven days after notification that the proposed work that was listed under the zoning permit has been completed.
(a)
If he/she is satisfied that the work is in conformity and compliance
with the work listed in the issued zoning permit, the work is in conformity
and compliance with and all other pertinent local laws, and that the
applicant has received a certificate of occupancy under the Township
Building Code,[2] if applicable, he/she shall issue a zoning certificate
of use and occupancy for the intended use listed in the approved application.
(b)
If the Zoning Officer finds that the work has not been performed
in accordance with this chapter and/or the approved application, the
Zoning Officer shall refuse to issue the zoning certificate of use
and occupancy and shall give, in writing, the reasons for such refusal.
(2)
The Zoning Officer shall inform the zoning permit holder of his/her right of appeal to the Zoning Hearing Board under § 155-174E of this chapter.
(3)
The fees collected for the review of a zoning permit include
one inspection for a zoning certificate of use and occupancy. Should
an applicant fail to demonstrate compliance with an approved zoning
permit at such inspection, he/she will be required to correct any
noted violations and pay another final inspection fee or submit a
new zoning permit application (in compliance with all requirements
listed above), along with its fee, for each time the Township must
inspect the site prior to its final issuance of a zoning certificate
of use and occupancy.
E.
Availability of certificate. The Zoning Officer shall maintain a
zoning certificate of use and occupancy (or a true copy thereof) for
all uses that shall be kept available for inspection at all times.
F.
Temporary zoning certificate of use and occupancy. It is recognized
that it may be in accordance with the purpose of this chapter to permit
temporary activities for a limited period of time, which activities
may be prohibited by other provisions of this chapter, during times
of local or national emergency and/or disaster. If such uses are of
such a nature and are so located that, at the time of application,
they will in no way exert a detrimental effect upon the uses of land
and activities normally permitted in the zone and contribute materially
to the welfare of the Township, particularly in a state of emergency,
under conditions peculiar to the time and place involved, then the
Board of Supervisors may direct the Zoning Officer to issue a zoning
certificate of use and occupancy for a period not to exceed six months.
Such zoning certificate of use and occupancy may be extended not more
than once for an additional period of six months.
G.
Performance standards. For uses that involve activities that are subject to operations and performance standards listed in Article III of this chapter, no zoning certificate of use and occupancy shall become permanent until 30 days after the facility is fully operating and when, upon reinspection by the Zoning Officer, it is determined that the facility is in compliance with all such standards.
A.
The Board of Supervisors shall establish, by resolution, a schedule
of fees, charges, and expenses and collection procedures for applications
for zoning permits, zoning certificates of use and occupancy, special
exceptions, conditional uses, variances, appeals, amendments, and
other matters pertaining to this chapter.
B.
The schedule of fees shall be available for inspection in the office
of the Zoning Officer and may be altered or amended by resolution
of the Board of Supervisors.
C.
Until all application fees, charges, and expenses have been paid
in full, the application or appeal shall not be considered complete.
Therefore, no proceedings related to any such application or appeal
shall be initiated, no established time elements shall begin to accrue,
and no action shall be taken on any such application or appeal.
A.
Power of amendment. The Board of Supervisors may, from time to time,
amend, supplement, change, or repeal this chapter, including the Official
Zoning Map.[1] Any amendment, supplement, change, or repeal may be initiated by the Township Planning Commission, the Board of Supervisors, or by a petition to the Board of Supervisors by an interested party. The Township is under no obligation to consider any zoning amendment, other than curative amendments submitted under § 155-184F and G of this chapter.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
B.
Hearing and enactment procedures for zoning amendments.
(1)
Public hearing. Before hearing and enacting Chapter 155, Zoning, and/or Zoning Map amendments, the Board of Supervisors shall conduct a public hearing to inform the general public of the nature of the amendment and to obtain public comment. Such public hearing shall be conducted after public notice (as defined herein and listed below) has been given.
(2)
Public notice. Before conducting a public hearing, the Board
of Supervisors shall provide public notice as follows:
(a)
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. Publication
of the proposed amendment shall include either the full text thereof
or the title and brief summary, prepared by the Municipal Solicitor
and setting forth all the provisions in reasonable detail. If the
full text is not included:
[1]
A copy of the full text shall be supplied to a newspaper of
general circulation in the municipality at the time the public notice
is published; and
[2]
An attested copy of the proposed ordinance shall be filed in
the County Law Library, or other county office designated by the County
Commissioners, who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinances.
(b)
For Zoning Map amendments, public notice shall also include
the posting of a sign at conspicuous locations along the perimeter
of the subject property deemed sufficient by the Township to notify
potentially interested citizens. This sign(s) shall be posted at least
one week prior to the hearing and will exhibit the nature, date, time,
and location of the hearing. In addition, notice of the public hearing
shall be sent by first class mail by the municipality at least 30
days prior to the date of the public hearing by first-class mail to
the addressees to which real estate tax bills are sent for all real
property located within the area to be rezoned, as evidenced by the
tax records within possession of the Township. Such notice shall include
the location, date and time of the public hearing. The first-class
mail notice requirement shall not apply when the rezoning constitutes
a comprehensive rezoning.
(c)
For curative amendments, public notice shall also indicate that
the validity of this chapter and/or map is in question and shall give
the place where, and the times when, a copy of the request, including
any plans, explanatory material or proposed amendments, may be examined
by the public.
(d)
If, after any public hearing held upon an amendment, the proposed
amendment is changed substantially, or is revised, to include land
previously not affected by it, the governing body shall hold another
public hearing, pursuant to public notice, before proceeding to vote
on the amendment.
(3)
Enactment notice. In addition to the public notice requirements defined herein, the Board of Supervisors must publish a reference to the time and place of the meeting at which passage of this chapter or amendment will be considered and a reference to a place within the municipality where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. Enactment notice shall be published at least once in one newspaper of general circulation in the municipality not more than 60 days, nor less than seven days, prior to passage. The published content of the enactment notice shall be the same as that required for public notice described in the preceding § 155-184B(2).
(4)
Township Planning Commission referrals. For amendments proposed
by parties other than 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 amendment.
A report of the review by the Township Planning Commission, together
with any recommendations, may be given to the Board of Supervisors
within 30 days from the date of said referral. The recommendation
of the Township Planning Commission may include a specific statement
as to whether or not the proposed action is in accordance with the
intent of this chapter and the Official Comprehensive Plan of the
Township.
(5)
Adams County Planning Commission referrals. All proposed amendments
shall be submitted to the Adams County Planning Commission at least
45 days prior to the public hearing on such amendments. The Commission
may submit recommendations to the Board of Supervisors; however, if
the Adams County Planning Commission fails to act within 45 days,
the Board of Supervisors may proceed without its recommendations.
(6)
Adjournment of public hearing. If, during the public hearing
process, the Board of Supervisors needs additional time to understand
the proposal, inform the public, receive public comment, and/or render
a decision, it may adjourn the public hearing to a time and place
certain.
(7)
Copies of adopted amendments. Within 30 days after enactment,
a copy of the amendment to this chapter and/or Zoning Map shall be
forwarded to the Adams County Planning Commission.
(8)
Authentication of the Official Zoning Map. Whenever there has
been a change in the boundary of a zone or a reclassification of the
zone adopted, the change on the Official Zoning Map shall be made
and shall be duly certified by the Township Secretary and shall thereafter
be refiled as part of the permanent records of the Township.
C.
Amendment initiated by the Township Planning Commission. When an
amendment, supplement, change, or repeal is initiated 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 petition to the Board of Supervisors, which has already been reviewed
by the Township Planning Commission.
D.
Amendment initiated by the Board of Supervisors. When an amendment, supplement, change, or repeal is initiated by the Board of Supervisors, such amendment, supplement, change or repeal shall follow the procedure prescribed for a petition under § 155-184B.
E.
Amendment initiated by a petition from an interested party. A petition
for amendment, supplement, change, or repeal for a portion of this
chapter shall include an accurate legal description and surveyed plan
of any land to be rezoned and all of the reasons supporting the petition
to be considered. The petition shall also be signed by at least one
record owner of the property in question, whose signature shall be
notarized, attesting to the truth and correctness of all the facts
and information presented in the petition. A fee to be established
by the Board of Supervisors shall be paid upon the filing of such
petition for change and for the purpose of defraying the costs of
the proceedings prescribed herein. The Board of Supervisors may require
duplicate sets of petition materials.
F.
Curative amendment by a landowner. A landowner who desires to challenge
on substantive grounds the validity of this chapter or the Official
Zoning Map,[2] or any provision thereof, which prohibits or restricts
the use or development of land in which he/she has an interest, may
submit a curative amendment to the Board of Supervisors (including
all of the reasons supporting the request to be considered), with
a written request that his/her challenge and proposed amendment be
heard and decided, as provided in Sections 609.1 and 916.1 of the
Act, as amended.[3] The Board of Supervisors shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Township and Adams County Planning Commissions, as provided for in § 155-184B, and public notice of the hearing shall be provided as defined herein.
(1)
In reviewing the curative amendment, the Board of Supervisors
may deny the request, accept the request as submitted, or may adopt
an alternative amendment which will cure the challenged defects. The
governing body 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 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;
and
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
(2)
The governing body shall render its decision within 45 days
after the conclusion of the last hearing.
(3)
If the governing body fails to act on the landowner's request within the time limits referred to in § 155-184F(2), a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
(4)
Public notice of the hearing shall include notice that the validity
of this chapter or map is in question and shall give the place where,
and the times when, a copy of the request, including any plans, explanatory
material, or proposed amendments, may be examined by the public.
(5)
The challenge shall be deemed denied when:
(a)
The governing body fails to commence the hearing within 60 days;
(b)
The governing body notifies the landowner that it will not adopt
the curative amendment;
(c)
The governing body adopts another curative amendment which is
unacceptable to the landowner; or
(d)
The governing body fails to act on the request 45 days after
the close of the last hearing on the request, unless the time is extended
by mutual consent by the landowner and municipality.
(6)
Where, after the effective date of the Act,[4] a curative amendment proposal is approved by the grant of a curative amendment application by the governing body pursuant to this section, or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 155-174A, or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval for a subdivision, land development or planned residential development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant, as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of Section 508(4) of the Act[5] shall apply.
(7)
Where the proposal appended to the curative amendment application
or the validity challenge is approved, but does not require further
application under any subdivision or land development ordinance, the
developer shall have one year within which to file for a zoning permit.
Within the one-year period, no subsequent change or amendment in the
zoning, subdivision or other governing ordinance or plan shall be
applied in any manner which adversely affects the rights of the applicant,
as granted in the curative amendment or the sustained validity challenge.
During these protected periods, the court shall retain or assume jurisdiction
for the purpose of awarding such supplemental relief as may be necessary.
G.
Curative amendment by the Board of Supervisors. The Board of Supervisors,
by formal action, may declare this chapter, or portions thereof, substantively
invalid and propose to prepare a curative amendment to overcome such
invalidity. Within 30 days following such declaration and proposal,
the Board of Supervisors shall:
(1)
By resolution, make specific findings setting forth the declared
invalidity of this chapter or portions thereof, which may include:
(2)
Begin to prepare and consider a curative amendment to this chapter
to correct the declared invalidity.
(3)
Within 180 days from the date of the declaration and proposal,
the Board of Supervisors shall enact a curative amendment to validate,
or reaffirm the validity of, this chapter pursuant to the provisions
required by Section 609 of the Act[6] in order to cure the declared invalidity of this chapter.
[6]
Editor's Note: See 53 P.S. § 10609.
(4)
Upon the date of the declaration and proposal, the Board of Supervisors shall not be required to entertain or consider any curative amendment filed by a landowner, nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of this chapter under § 155-174A, subsequent to the declaration and proposal, based upon the grounds identical to, or substantially similar to, those specified in the resolution required by this section. Upon the enactment of a curative amendment to, or the reaffirmation of the validity of, this chapter, no rights to a cure by amendment or challenge shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Chapter 155, Zoning, for which the Board of Supervisors propose to prepare a curative amendment.
(5)
The Board of Supervisors, having utilized the procedures as
set forth in this section, may not again utilize said procedures for
a thirty-six-month period following the date of the enactment of a
curative amendment or reaffirmation of the validity of this chapter;
provided, however, that, if after the date of declaration and proposal,
there is a substantially new duty or obligation imposed upon the Township
by virtue of a Pennsylvania Appellate Court decision, the Board of
Supervisors may utilize the provisions of this section to prepare
a curative amendment to this chapter to fulfill this duty or obligation.
A.
Filing of conditional use. For any use permitted by conditional use,
a conditional use must be obtained from the Board of Supervisors.
No conditional use application will be accepted which requires approval
for any use or relief by the Zoning Hearing Board until such times
as such approvals have been secured. If, during the course of review
of the conditional use, it is determined that the proposed use requires
approval for any use or relief by the Zoning Hearing Board, the application
shall be either withdrawn by the applicant or may be denied by the
Board of Supervisors. In addition to the information required on the
zoning permit application, the conditional use application must show:
(1)
Ground floor plans and elevations of proposed structures.
(2)
Names and addresses of adjoining property owners, including
properties directly across a public right-of-way.
(3)
A scaled drawing (site plan) of the site, including finished topography with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter, including competent evidence demonstrating a substantial likelihood of compliance with the requirements of Article V of this chapter.
B.
General criteria. Each applicant must demonstrate compliance with
the following:
(1)
The proposed use shall be consistent with the purpose and intent
of this chapter, and such use is specifically authorized as a use
by conditional use within the zone wherein the applicant seeks approval;
(2)
The proposed use shall not detract from the use and enjoyment
of adjoining or nearby properties;
(3)
The proposed use will not substantially change the character
of the subject property's neighborhood, nor adversely affect the character
of the general neighborhood, the conservation of property values,
the health and safety of residents or workers on adjacent properties
and in the neighborhood or the reasonable use of neighboring properties.
The use of adjacent properties shall be adequately safeguarded;
(4)
Adequate public facilities are available to serve the proposed
use, and the proposed use shall not have an adverse effect upon the
logical and economic extension of such public services and facilities
(e.g., schools, parks and recreation, fire, police and ambulance protection,
sewer, water and other utilities, vehicular access, etc.);
(5)
The applicant shall establish, by credible evidence, that the
proposed conditional use shall be in and of itself properly designed
with regard to internal circulation, off-street parking, off-street
loading, landscaping, screening, buffering, and all other elements
of proper design as specified in this chapter and any other governing
law or regulation;
(6)
For development within a floodplain as defined herein, that the application complies with those requirements listed in Chapter 83, Floodplain Management;
(7)
The proposed use shall comply with those criteria specifically listed in Article IV of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter; and
(8)
The proposed use will not substantially impair the integrity
of the Comprehensive Plan.
C.
Conditions. The Board of Supervisors, in approving conditional use
applications, may attach conditions considered necessary to protect
the public welfare and the purposes listed above, including conditions
which are more restrictive than those established for other uses in
the same zone. These conditions shall be enforceable by the Zoning
Officer, and failure to comply with such conditions shall constitute
a violation of this chapter and be subject to the penalties described
in this article.
D.
Site plan approval. Any site plan presented in support of the conditional use pursuant to § 155-185A(3) shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.
E.
Hearing procedures.
(1)
Before voting on the approval of a conditional use, the Board
of Supervisors shall hold a public hearing thereon, pursuant to public
notice. If, after any public hearing held upon an application, the
proposed application is revised, the Board of Supervisors or Hearing
Officer shall hold another public hearing, pursuant to public notice,
before proceeding to vote on the application. As an alternative, the
Board of Supervisors may appoint any one of its members or an independent
attorney to act as a Hearing Officer. The decision, or, where no decision
is called for, the findings, shall be made by the Board; however,
the appellant or the applicant, as the case may be, in addition to
the municipality, may, prior to the decision of the hearing, waive
decision or findings by the Board and accept the decision or findings
of the Hearing Officer as final.
(2)
The Board of Supervisors shall submit each such application
to the Township Planning Commission at least 30 days prior to the
hearing on such application to provide the Township Planning Commission
an opportunity to submit recommendations.
(3)
Public notice, as defined herein, and written notice shall be
given to the applicant, the Zoning Officer, such other persons as
the Board of Supervisors shall designate by ordinance, and to any
person who has made timely request for the same. Written notices shall
be given at such time and in such manner as shall be prescribed by
ordinance or, in the absence of ordinance provision, by rules of the
Board of Supervisors. In addition to the written notice provided herein,
written notice of said hearing shall be conspicuously posted on the
affected tract of land at least one week prior to the hearing and
will exhibit the nature, date, time, and location of the hearing.
(4)
The first hearing before the Board or Hearing Officer shall
commence 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 or Hearing Officer
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
or Hearing Officer shall assure that the applicant receives at least
seven hours of hearings within the 100 days, including the first hearing.
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.
(5)
The Board of Supervisors may prescribe reasonable fees with
respect to hearings. Fees for said hearings may include compensation
for the Secretary, notice and advertising costs, and necessary administrative
overhead connected with the hearing. The costs, however, shall not
include legal expenses, expenses for engineering, architectural, or
other technical consultants, or expert witness costs.
(6)
The parties to the hearing shall be the Township, any person
affected by the application who has made timely appearance of record
before the Board of Supervisors or Hearing Officer, and any other
person, including civic or community organizations, permitted to appear
by the Board of Supervisors or Hearing Officer. The Board of Supervisors
or Hearing Officer shall have power to require that all persons who
wish to be considered parties enter appearances in writing on forms
provided by the Board of Supervisors or Hearing Officer for that purpose.
(7)
The Chairman or Acting Chairman of the Board of Supervisors
or Hearing Officer shall have power to administer oaths and issue
subpoenas to compel the attendance of witnesses and the production
of relevant documents and papers, including witnesses and documents
requested by the parties.
(8)
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.
(9)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(10)
The Board of Supervisors or Hearing Officer may keep a stenographic
record of the proceedings. The appearance fee for a stenographer shall
be shared equally by the applicant and the Board of Supervisors. The
cost of the original transcript shall be paid by the Board of Supervisors
if the transcript is ordered by the Board of Supervisors or Hearing
Officer or shall be paid by the person appealing the decision of the
Board of Supervisors or Hearing Officer if such appeal is made, and,
in either event, the cost of additional copies shall be paid by the
person requesting such copy or copies. In other cases, the party requesting
the original transcript shall bear the cost thereof.
(11)
The Board of Supervisors or Hearing Officer shall not communicate,
directly or indirectly, with any party or his/her representative 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, except advice from their
Solicitor, 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 hearings with any party or his/her representative
unless all parties are given an opportunity to be present.
(12)
The Board of Supervisors or the Hearing Officer, as the case
may be, 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 Board of Supervisors. However,
the applicant and the municipality may, prior to the decision of the
hearing, waive the decision or findings by the Board of Supervisors
and accept the decision or findings of the Hearing Officer as final.
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
this chapter 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 the light of the facts found. If the hearing
is conducted by a Hearing Officer, and there has been no stipulation
that his decision or findings are final, the Board shall make the
Hearing Officer's report and recommendations available to the parties
within 45 days, and the parties shall be entitled to make written
representations thereon to the Board prior to final decision or entry
of findings, and the Board's decision shall be entered no later than
30 days after the report of the Hearing Officer.
(13)
Where the Board of Supervisors or Hearing Officer fails to render
the decision within the period required by this subsection, or fails
to commence the required hearing within 60 days from the date of the
applicant's request for a hearing, or fails to complete the hearing
no later than 100 days after completion of the applicant's case-in-chief,
unless extended for good cause upon application to the Court of Common
Pleas, 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 Board of Supervisors
or Hearing Officer to meet or render a decision as hereinabove provided,
the Board of Supervisors or Hearing Officer 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 this chapter. If the Board of Supervisors or
Hearing Officer shall fail to provide such notice, the applicant may
do so. Nothing in this subsection shall prejudice the right of any
party opposing the application to appeal the decision to a court of
competent jurisdiction.
(14)
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/her no later than the day following its date. To
all other persons who have filed their name and address with the Board
not later than the last day of the hearing, the Board shall provide,
by mail or otherwise, brief notice of the decision or findings and
a statement of the place at which the full decision or findings may
be examined.
F.
Time limitation.
(1)
For uses that do not require subsequent subdivision and/or land
development approval:
(a)
If a conditional use is granted, the necessary zoning permit
shall be secured and the authorized action begun within six months
after the date when the conditional use is finally granted, and the
building or alteration, as the case may be, shall be completed within
two years of said date. For good cause, the Board of Supervisors may,
upon application, in writing, state the reasons therefor and extend
either the six-month or two-year period;
(b)
Should the appellant or applicant fail to obtain the necessary
permits within said six-month period or, having obtained the permit,
should he fail to commence work thereunder within such six-month period,
it shall be conclusively presumed that the appellant or applicant
has waived, withdrawn, or abandoned his conditional use application,
and all approvals granted to him shall be deemed automatically rescinded
by the Board of Supervisors; and
(c)
Should the appellant or applicant commence construction or alteration
within said six-month period, but should he fail to complete such
construction or alteration within said two-year period, the Board
of Supervisors may, upon 10 days' notice, in writing, rescind or revoke
the conditional use, if the Board of Supervisors finds that no good
cause appears for the failure to complete within such two-year period,
and if the Board of Supervisors further finds that conditions have
so altered or changed in the interval since the granting of the conditional
use that revocation or rescission of the action is justified.
(2)
For uses that require subsequent subdivision and/or land development
approval:
(a)
If a conditional use is granted, the applicant shall be required
to submit the subsequent subdivision and/or land development application
within 12 months after the date when the conditional use is finally
granted, and the applicant shall have secured a zoning permit for
such use within five years of said date. For good cause, the Board
of Supervisors may, upon application, in writing, state the reasons
therefor and extend either the twelve-month or five-year period;
(b)
Should the appellant or applicant fail to submit the subsequent
subdivision and/or land development application within the twelve-month
period, it shall be conclusively presumed that the appellant or applicant
has waived, withdrawn, or abandoned his conditional use application,
and all approvals granted to him shall be deemed automatically rescinded
by the Board of Supervisors; and
(c)
Should the appellant or applicant submit the subsequent subdivision
and/or land development application within said twelve-month period,
but should he fail to secure a zoning permit for such use within said
five-year period, the Board of Supervisors may, upon 10 days' notice,
in writing, rescind or revoke the granted conditional use approval,
if the Board of Supervisors finds that no good cause appears for the
failure to secure a zoning permit within such five-year period, and
if the Board of Supervisors further finds that conditions have so
altered or changed in the interval since the granting of the conditional
use that revocation or rescission of the action is justified.
(3)
As an alternative to the preceding requirements of § 155-185F(1) and (2), an applicant can request, as part of the original conditional use application before the Board of Supervisors, the granting of a timetable associated with the request which would supersede the deadlines imposed in § 155-185F(1) and (2). In so doing, the applicant must demonstrate that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this section, the Board of Supervisors must establish and bind a definite time frame for:
A.
Parties to proceedings before the governing body may utilize mediation as an aid in completing such proceedings. In no case shall the governing body initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this Article IX once they have been formally initiated.
B.
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. The Township shall assure
that, in each case, the mediating parties, assisted by the mediator
as appropriate, develop terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have a working
knowledge of municipal zoning and subdivision procedures and demonstrated
skills in mediation.
(3)
Completing mediation, including time limits for such completion.
(5)
Identifying all parties and affording them the opportunity to
participate.
(6)
Subject to legal restraints, determining whether some or all
of the mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by
the parties and become subject to review and approval by the appropriate
decisionmaking body pursuant to the authorized procedures set forth
in the Act.
C.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
In order to ensure that the review processes and administration
of this chapter are accomplished in a manner that is readily accessible
to all citizens of the Township, any information and/or plans submitted
associated with any application, permit, petition, appeal or any other
request shall be provided in a form that is reproducible, without
restriction, by any and all interested parties and/or the general
public. The submission of copyrighted materials will not be accepted.
Proceedings for securing review of any ordinance or of any decision,
determination, or order of the Board of Supervisors, their agencies,
the Zoning Hearing Board, or the Zoning Officer issued pursuant to
this chapter shall be in accordance with Article X-A of the Act, as
amended.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
