Township of East Hempfield, PA Article 9 Administration and Enforcement

§ 270-9.1 Zoning Hearing Board (ZHB).

A. Establishment and membership.

(1) When used hereafter in this article, the term "ZHB" shall mean the Zoning Hearing Board.

(2) There shall be a ZHB, which shall consist of five members who shall be appointed by resolution by the Board of Supervisors. The membership of the ZHB shall consist of residents of the Township. Their terms of office shall be five years and shall be so fixed that the term of office of one member shall expire each year. The ZHB shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the ZHB shall hold no other office in the Township. Any member of the ZHB may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

(3) The Board of Supervisors may appoint by resolution at least one, but no more than three, residents of the Township to serve as alternate members of the ZHB. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 270-9.1B, an alternate shall be entitled to participate in all proceedings and discussions of the ZHB to the same and full extent as provided by law for ZHB members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the ZHB but shall not be entitled to vote as a member of the ZHB nor be compensated pursuant to § 270-9.1C unless designated as a voting alternate member pursuant to § 270-9.1B of this chapter.

B. Organization of ZHB. The ZHB shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the ZHB, but a ZHB may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the ZHB, as provided in § 270-9.1D. If by reason of absence or disqualification of a member a quorum is not reached, the Chairman of the ZHB shall designate as many alternate members of the ZHB to sit on the ZHB as may be needed to provide a quorum. Any alternate member of the ZHB shall continue to serve on the ZHB in all proceedings involving the matter or case for which the alternate was initially appointed until the ZHB has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation, according to declining seniority among all alternates. The ZHB may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the commonwealth. The ZHB shall keep full public records of its business, which records shall be the property of the Township, and shall submit a report of its activities to the Board of Supervisors upon request.

C. Expenditures for services. Within the limits of funds appropriated by the Board of Supervisors, the ZHB may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the ZHB may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors. Alternate members of the ZHB may receive compensation, as may be fixed by the Board of Supervisors, for the performance of their duties when designated as alternate members pursuant to § 270-9.1B, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members by the Board of Supervisors.

D. Hearings.

(1) The ZHB shall conduct hearings and make decisions in accordance with the following requirements:

(a) Public notice (as defined herein) shall be provided. In addition, the ZHB shall notify by mail the Zoning Officer, Township Secretary, each member of the Board of Supervisors, Township Planning Commission and every other person or organization who shall have registered with the ZHB for the purposes of receiving such notices. Such mailed notices shall state the location of the site and the nature of the request. It shall also state the time, date and location of the proposed hearing. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected lot or tract of land at least one week prior to the hearing.

(b) The Board of Supervisors may prescribe reasonable fees with respect to hearings before the ZHB. Fees for said hearings may include compensation for the Secretary and members of the ZHB, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the ZHB, expenses for engineering, architectural or other technical consultants or expert witness costs.

(c) The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.

(2) The hearings shall be conducted by the ZHB, or the ZHB may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the ZHB; however, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive decision or findings by the ZHB and accept the decision or findings of the hearing officer as final.

(3) The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the ZHB and any other person, including civic or community organizations, permitted to appear by the ZHB. The ZHB shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the ZHB for that purpose.

(4) The Chairman or Acting Chairman of the ZHB or the hearing officer presiding 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.

(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 ZHB or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the ZHB. The cost of the original transcript shall be paid by the ZHB if the transcript is ordered by the ZHB or hearing officer; or shall be paid by the person appealing the decision of the ZHB 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.

(8) The ZHB or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives 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 the 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 representative unless all parties are given an opportunity to be present.

(9) The ZHB 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 application within 45 days after the last hearing before the ZHB or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of the act or of this chapter, 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 ZHB shall make his report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the ZHB prior to final decision or entry of findings, and the ZHB's decision shall be entered no later than 30 days after the report of the hearing officer. Where the ZHB fails to render the decision within the period required by this subsection or fails to hold the required hearing within 60 days from the date of the applicant's request for hearing, 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 ZHB to meet or render a decision as hereinabove provided, the ZHB shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in § 270-9.1D of this chapter. If the ZHB 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.

(10) 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 not later than the day following its date. To all other persons who have filed their name and address with the ZHB not later than the last day of the hearing, the ZHB 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.

(11) The ZHB, in approving special exception or variance applications, may attach conditions necessary to protect and promote the public health, safety and welfare and the purposes of this chapter, including conditions which are more restrictive than those established for other uses in the same zone. The Zoning Officer shall have the power and duty to enforce the conditions. Failure to comply with any condition constitutes a violation of this chapter and shall be subject to the penalties and remedies described in Article 9.

(12) Any site plan presented in support of an application for a special exception or variance shall become an official part of the record for the special exception or variance and approval of the application will also bind the use in accordance with the submitted site plan. Any subsequent change to the use of the property not reflected on the site plan shall require the applicant to obtain another special exception or variance approval.

(13) Effect of ZHB's decision.

(a) If the variance or special exception is granted or the issuance of a permit is approved or other action by the appellant is authorized, the necessary permit shall be secured and the authorized action begun within one year after the date when the variance or special exception is finally granted or the issuance of a permit is finally approved or the other action by the appellant is authorized, and the building or alteration, as the case may be, shall be completed within one year of beginning the authorized action. For good cause, the ZHB may, upon application in writing stating the reasons therefor received by the Township's Zoning Officer prior to the expiration of such time period, extend either one-year period.

[Amended 3-18-2015 by Ord. No. 2015-03; 9-7-2022 by Ord. No. 2022-12]

(b) Should the appellant or applicant fail to obtain the necessary permits within said one-year period or, having obtained the permit, should he fail to commence work thereunder within such one-year period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn or abandoned his appeal or his application, and all provisions, variances and permits granted to him shall be deemed automatically rescinded by the ZHB.

(c) Should the appellant or applicant commence construction or alteration within said one-year period but should he fail to complete such construction or alteration within said one-year period, the ZHB may, upon 10 days' notice in writing, rescind or revoke the granted variance or special exception or the issuance of the permit or permits or the other action authorized to the appellant or applicant, if the ZHB finds that a good cause appears for the failure to complete within such said one-year period, and if the ZHB further finds that conditions have so altered or changed in the interval since the granting of the variance, permit or action, that revocation or rescission of the action is justified.

[Amended 3-18-2015 by Ord. No. 2015-03]

(d) (Reserved)[1]

[1] Editor's Note: Former Subsection D(13)(d), concerning expiration of a variance or special exception, was repealed 3-18-2015 by Ord. No. 2015-03.

(e) For Zoning Hearing Board approvals which are required as part of the subdivision and land development process, the above-stated time restrictions do not apply so long as a subdivision or land development plan is filed with the Township within one year from the date of authorization thereof by the ZHB or by the Court, if such special exception or variance has been granted after an appeal, and the final approval and recording of a subdivision or land development plan occurs within one year from the date of authorization thereof by the ZHB or by the Court, if such special exception or variance has been granted after an appeal. In such cases, the ZHB approval shall be valid for as long as the approved final subdivision or land development plan is valid, in accordance with the Pennsylvania Municipalities Planning Code.

[Added 3-18-2015 by Ord. No. 2015-03; amended 9-7-2022 by Ord. No. 2022-12]

(f) For good cause, the ZHB may, upon application in writing stating the reasons therefor received by the Township's Zoning Officer prior to the expiration of such time period, extend the time restrictions of this section..

[Added 3-18-2015 by Ord. No. 2015-03; amended 9-7-2022 by Ord. No. 2022-12]

E. ZHB's functions. The ZHB shall have the exclusive jurisdiction to hear and render decisions in the following matters:

(1) Substantive challenges to the validity of this chapter, except those brought before the Board of Supervisors pursuant to § 270-9.5E of this chapter.

(a) If a challenge heard by the ZHB is found to have merit, the decision of the ZHB shall include recommended amendments to the challenged ordinance which will cure the defects found. In reaching its decision, the ZHB shall consider the amendments, plans and explanatory material submitted by the landowner and shall also consider:

[1] The impact of the proposal upon streets, sewer facilities, water supplies, schools and other public service facilities.

[2] 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.

[3] The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources and other natural features.

[4] 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.

[5] The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

(b) Public notice of the hearing shall be provided as specified in § 270-9.5B(2) of this chapter.

(c) The ZHB shall commence its hearings within 60 days after the request is filed, unless the landowner requests or consents to an extension of time.

(d) The ZHB shall render its decision within 45 days after the conclusion of the last hearing. If the ZHB fails to act on the landowner's request within this time limit, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.

(e) Challenges to the validity of this chapter raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within 30 days after the effective date of this chapter.

(2) Special exceptions.

(a) Special exceptions, as provided for in this chapter and subject to all applicable requirements, including, but not limited to:

[1] Specific criteria. Each applicant shall demonstrate compliance with the specific criteria established in Article 5 for the use for which the applicant seeks a special exception and with all other applicable criteria, such as area and bulk requirements of the zone in which the property is located.

[2] General criteria. Each applicant must demonstrate compliance with the following:

[a] The proposed use shall be consistent with the purpose and intent of this chapter.

[b] The proposed use shall not detract from the use and enjoyment of adjoining or nearby lots.

[c] The proposed use will not substantially change the character of the subject property's neighborhood.

[d] Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, vehicular access, etc.).

[e] The proposed use shall comply with those criteria specifically listed in Articles 3, 4 and 5 of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter.

[f] The location of the use, including with respect to the existing or future streets giving access to it, is in harmony with the orderly and appropriate development for the zone in which the use is to be located.

[g] The nature and intensity of the operations involved are in harmony with the orderly and appropriate development of the zone in which the use is to be located.

[h] The grant of the special exception shall not materially increase traffic congestion on streets and highways, nor cause nor encourage commercial or industrial traffic to use residential streets.

[i] The proposed use will not substantially impair the integrity of Growing Together: A Comprehensive Plan for Central Lancaster County.

[3] In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this article, as it may deem necessary to implement the purposes of this article and the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247 as reenacted and amended.

(3) Variances. The ZHB shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The ZHB may, by rule, prescribe the form of application to the Zoning Officer.

(a) The ZHB may grant a variance, provided that all of the following findings are made where relevant in a given case:

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

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

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

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

[5] That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulations in issue.

(b) In granting any variance, the ZHB may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter. 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 Article 9.

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

(5) Appeals from a determination by a Township Engineer or the Zoning Officer with reference to the administration of any provisions contained within a floodplain.

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

(7) Appeals from the Zoning Officer's determination under Section 916(2) (and any subsequent amendments) of the Act.

(8) Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance with reference to sedimentation and erosion control and/or stormwater management for applications not involving a subdivision/land development nor a planned residential development as regulated in Articles 6 and 9 of the Act, respectively.

F. Parties appellant before the ZHB. Appeals under § 270-9.1G(6)(a) through (e) and proceedings to challenge this chapter under § 270-9.1E(1) and (2) may be filed with the ZHB in writing by the landowner affected, any officer or agency of the Township or any person aggrieved. Requests for a variance under § 270-9.1G and for special exception under § 270-9.1F may be filed with the ZHB by any landowner or any tenant with the permission of such landowner. Any appeal shall state:

(1) The name and address of the appellant and applicant.

(2) The name and address of the landowner of the real estate to be affected.

(3) A brief description and location of the real estate to be affected by such proposed change, together with a plot plan drawn to scale with sufficient clarity to show the nature and character of the request.

(4) A statement of the present zoning classification of the real estate in question, the improvements thereon and the present use thereof.

(5) A statement of the section of this chapter under which the request may be allowed and reasons why it should or should not be granted.

G. Time limitations.

(1) No person shall be allowed to file any proceeding with the ZHB later than 30 days after an application for development, preliminary or final, has been approved by the Zoning Officer or the agency responsible for granting such approval if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice or knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.

(2) The failure of anyone other than the landowner to appeal an adverse decision by the Zoning Officer on a challenge to the validity of this chapter or the Official Zoning Map pursuant to Section 916(2) of the Act, as amended, shall preclude an appeal from a final approval, except in the case where the final submission substantially deviates from the approved tentative approval.

H. Stay of proceeding.

(1) Upon filing of any proceeding referred to in § 270-9.1E and during its pendency before the ZHB, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the ZHB facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order which may be granted by the ZHB or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the ZHB by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the ZHB. After the petition is presented, the Court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the Court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the Court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the Court. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the Court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.

[Amended 3-18-2015 by Ord. No. 2015-03]

(2) If an appeal is taken by a respondent to the petition for a bond from an order of the Court dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order of the Court below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses and attorney's fees incurred by the petitioner.

I. Appeal. Any person, taxpayer or the Township aggrieved by any decision of the ZHB may, within 30 days after such decision of the ZHB, seek review by the Court of Common Pleas of such decision in the manner provided by the laws of the Commonwealth of Pennsylvania and Article X-A of the Act, as amended.

J. Application procedures and limitations.

(1) All applications, including appeals, to the ZHB shall be submitted to the Zoning Officer. All applications shall be made on the form supplied by the Township and shall contain all information requested on such form. All applications shall contain the following information:

(a) Name and address of the applicant and, if different, the name and address of the landowner. If the applicant is not the landowner of record, information demonstrating that the applicant has the legal right to make the application shall accompany the application.

(b) Dimensions and shape of the lot to be developed, and the exact location and dimensions of any structure existing or to be erected.

(c) The height of any proposed buildings or structures.

(d) Existing and proposed uses of all existing and proposed structures.

(e) Existing and proposed off-street parking and loading spaces.

(f) Names and addresses of adjoining landowners, including lots directly across a public right-of-way.

(g) A site plan with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.

(h) A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter if requesting a special exception or demonstrating unnecessary hardship if requesting a variance or explaining how the Zoning Officer erred in an appeal from a determination of the Zoning Officer. In addition, all applications for a variance must be accompanied by a written description indicating the specific hardship for each of the following requirements:

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

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

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

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

[5] That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulations in issue.

(i) A reference to all sections of this chapter which are relevant to the application or appeal.

(j) A listing of all special exceptions and/or variances which the applicant is requesting.

(2) Applications shall include the appropriate fee established by resolution or ordinance by the Board of Supervisors. Failure to pay the required filing fee shall render the application incomplete.

(3) The Zoning Officer shall review the application to determine if it is generally in a form that complies with the terms of this chapter. Within five working days from the date of submissions, the Zoning Officer may return the application to the applicant and inform the applicant that his application is incomplete. If the Zoning Officer fails to return an application to the applicant within the five-day period, it shall not be deemed an acknowledgment by the Township that the application meets the requirements of this chapter. Notwithstanding the foregoing, the Zoning Officer shall not be authorized to return appeals from a determination of the Zoning Officer.

(4) After the Zoning Officer has reviewed for completeness the application and any supplemental information submitted before the hearing has been advertised, the application shall be considered closed. The applicant shall not be permitted at the hearing to change the application or supplement the application with plans or other information which should have been submitted with the application, and the ZHB shall consider the application as filed. The ZHB shall not reform any application and shall not be required to grant parts of an application. If an applicant desires to change an application after it is submitted, the applicant shall withdraw the application by filing a request to withdraw and shall submit another application in the form provided by the Township which will be considered filed on the date it is submitted to the Zoning Officer and a new application fee is paid. Notwithstanding the foregoing, the applicant shall be permitted to make minor revisions to the application, such as providing the street address or tax map parcel number of the property or providing additional copies of documents or plans. The ZHB, in its discretion, may permit other amendments which are not prejudicial to other parties at the time of the hearing, in the interest of administrative economy, or may continue the hearing subject to the applicant paying any fee established by the Township for continuances.

§ 270-9.2 Administration and enforcement; violations and penalties.

A. Administration.

(1) Zoning Officer: 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. The Zoning Officer shall be appointed at the first meeting of the Board of Supervisors in January to serve until the first day of January next following and shall thereafter be appointed annually to serve for a term of one year and/or until his successor is appointed. The Zoning Officer may succeed himself. He shall receive such fees or compensation as the Board of Supervisors may, by resolution, provide. The Zoning Officer shall not hold any elective office within the Township. The Zoning Officer may designate an employee of the Township as his deputy, subject to the approval of the Board of Supervisors, who shall exercise all the powers of the Zoning Officer during the temporary absence or disability of the Zoning Officer.

(2) Duties. The duties of the Zoning Officer shall be:

(a) To receive, examine and process all applications and permits 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.

(b) To record and file all applications for zoning permits or certificates of use and occupancy and accompanying plans and documents and keep them for public record.

(c) 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.

(d) 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.

(e) Upon the request of the Board of Supervisors or the ZHB, present to such bodies facts, records and any similar information on specific requests to assist such bodies in reaching their decisions.

(f) To be responsible for keeping this chapter and the Official Zoning Map up-to-date, including any amendments thereto.

(g) Upon the approval of the ZHB of a special exception, or upon the approval of a conditional use by the Board of Supervisors for development located within a floodplain, written notice of the approval shall be sent by registered mail from the Zoning Officer to the Pennsylvania Department of Community and Economic Development.

(h) 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).

(i) To render a preliminary opinion regarding a proposed land use in accordance with Section 916(2) of the Act.

B. Enforcement. This chapter shall be enforced by the Zoning Officer of the Township. No zoning permit or certificate of use and occupancy shall be granted by him 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.

C. Violations.

(1) Failure to secure a zoning permit prior to a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, shall be a violation of this chapter. It shall be a violation of this chapter to undertake other actions which are contrary to the terms of this chapter or 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.

(2) If it appears to the Township that a violation of this chapter enacted under the Act or prior enabling laws has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in the following:

(a) 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.

(b) An enforcement notice shall state at least the following:

[1] The name of the owner of record and any other person against whom the Township intends to take action.

[2] The location of the property in violation.

[3] The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.

[4] The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

[5] That the recipient of the notice has the right to appeal to the ZHB within a prescribed period of time in accordance with procedures set forth in this chapter.

[6] That failure to comply with the notice within the time specified, unless extended by appeal to the ZHB, constitutes a violation, with possible sanctions clearly described.

D. 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 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's 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's fees collected for the violation of this chapter shall be paid over to the Township.

E. Causes of action. In case any building, structure, landscaping or land is or is proposed to be erected, constructed, reconstructed, altered, repaired, converted, maintained or used in violation of this chapter, enacted under the Act or prior enabling laws, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors of the Township. No such action may be maintained until such notice has been given.

§ 270-9.3 Permits.

A. General requirements for zoning permits.

(1) A zoning permit shall be required prior to a change in use of land or structure or the erection, construction, improvement or alteration of any structure or portion thereof or 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 or the erection or alteration of any signs specified in Article 7 of this chapter. Zoning permits shall also be required for the construction or installation of animal waste impoundments, lakes, ponds, dams or other water retention basins. No zoning permit shall be required for repairs or maintenance of any structure or land, provided that such repairs do not change the use or the exterior dimensions of the structure or otherwise violate the provisions of this chapter.

(2) Application for zoning permits shall be made in writing to the Zoning Officer.

(3) Such zoning permits shall be granted or refused within 90 days from date of application.

(4) No zoning permit shall be issued, except in conformity with the regulations of this chapter, except after written order from the ZHB or the courts.

(5) 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 application. If such evidence is not presented, the zoning permit will be denied.

(6) Application for a permit shall be made by the owner or lessee of any building or structure or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee it shall be accompanied by a written authorization of the owner or the qualified person making an application that the proposed work is authorized by this owner. The full names and addresses of the owner, lessee, applicant and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.

(7) The Zoning Officer may call upon other Township staff and/or Township-appointed consultants in the review of submitted materials for applications. A copy of all plans and applications for proposed construction or other improvements within the floodplain zone[1] to be considered for approval may be submitted by the Zoning Officer to any other appropriate agencies and/or individuals for review and comment.

[1] Editor's Note: The Floodplain Zone provisions of this chapter, formerly set forth in § 270-3.19, were repealed 3-2-2016 by Ord. No. 2016-01. For current floodplain regulations, see Ch. 250, Floodplain Management.

(8) 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.

(9) No permit shall be issued until the fees prescribed by the ZHB of Township Supervisors pursuant to a 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 ordinance or law.

(10) Issuance of permits: Upon receiving the application, the Zoning Officer shall examine the same within a reasonable time after filing. If the application or plans do not conform to the provisions of all pertinent local laws, he shall reject such application in writing, stating the reasons therefor. He shall inform the applicant of his right to appeal to the ZHB in the event such application is rejected. If satisfied that the proposed work and/or use conforms to the provisions of this chapter and all laws and ordinances applicable thereto, and that the certificate of use and occupancy as required herein has been applied for, he shall issue a permit therefor as soon as practical, but not later than 90 days from receipt of the application.

(11) 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 inspection of the application if this condition is not met.

(12) Expiration of permit: The permit shall expire after one year from the date of issuance; provided, however, that the same may be extended every six months for a period not to exceed an additional one year.

(13) Compliance with this 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 ZHB.

(14) 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.

(15) 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 certificate of use and occupancy.

(16) 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, 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:

(a) In no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone.

(b) 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 ZHB may, subject to all regulations for the issuance of special exception elsewhere specified, direct the Zoning Officer to issue a permit for a period not to exceed six months. Such permits may be extended not more than once for an additional period of six months.

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 plans in duplicate drawn to scale and showing the following:

(a) Actual dimensions and shape of lot to be developed.

(b) Exact location and dimensions of any structures to be erected, constructed and altered.

(c) Existing and proposed uses, including the number of occupied dwelling units, businesses, etc., all structures are designed to accommodate.

(d) Off-street parking and loading spaces.

(e) Utility systems affected and proposed.

(f) Alteration or development of any improved or unimproved real estate.

(g) The size of structures and the number of employees anticipated.

(h) Any other lawful information that may be required by the Zoning Officer to determine compliance with this chapter.

(2) If the proposed development, excavation or construction is located within a floodplain, 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.

(c) The elevation, in relation to the NGVD, to which all structures and utilities will be floodproofed or elevated.

(d) Where floodproofing is proposed to be utilized for a particular structure, the zoning permit application shall be accompanied by a document certified by a registered professional engineer or a licensed professional architect registered by the Commonwealth of Pennsylvania, certifying that the floodproofing methods used meet the provisions of the Flood Plain Ordinance of East Hempfield Township and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one-hundred-year flood, as defined herein, and indicating the specific elevation (in relation to mean sea level) to which such structure is floodproofed.

C. Application for zoning permits for nonresidential uses in all zones.

(1) A location plan showing the lot to be developed, zone boundaries, adjoining lots, significant natural features and streets for a distance of 200 feet from all lot boundaries.

(2) A plot plan of the lot showing the location of all existing and proposed buildings, driveways, parking lots showing access drives, circulation patterns, curb cut accesses, parking stalls access from streets, screening fences and walls, waste disposal fields or other methods of sewage disposal, other construction features on the lot and the location of all topographical features.

(3) 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.

(4) Engineering plans for treatment and disposal of sewage and industrial waste, tailings or unusable by-products.

(5) Engineering plans for the handling of traffic, noise, glare, air pollution, water pollution, vibration, fire hazards or safety hazards, smoke or emission of any potentially harmful or obnoxious matter or radiation.

(6) Designation of the manner by which sanitary sewage and stormwater shall be disposed and water supply obtained.

(7) The proposed number of shifts to be worked and the maximum number of employees on each shift.

(8) 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.

D. Certificate of use and occupancy.

(1) It shall be unlawful to use and/or occupy any structure, building, sign and/or land or portion thereof for which a permit is required herein until a certificate of use and occupancy for such structure, building, sign and/or land or portion thereof has been issued by the Zoning Officer. The application for issuance of a certificate of use and occupancy shall be made at the same time an application for zoning permit is filed with the Zoning Officer as required herein.

(2) The application for a certificate of use and occupancy shall be in such form as the Zoning Officer may prescribe and may be made on the same application as is required for a zoning permit.

(3) The application shall contain the intended use and/or occupancy of any structure, building, sign and/or land or portion thereof for which a zoning permit is required herein.

(4) The Zoning Officer shall inspect any structure, building or sign within 10 days upon notification that the proposed work that was listed under the permit has been completed and, if satisfied that the work is in conformity and compliance with the work listed in the issued permit and all other pertinent laws, he shall issue a certificate of use and occupancy for the intended use listed in the original application.

(5) The certificate of use and occupancy or a true copy thereof shall be kept available for official inspection at all times.

(6) Upon request of a holder of a zoning permit, the Zoning Officer may issue a temporary certificate of use and occupancy for a structure, building, sign and/or land or portion thereof before the entire work covered by the permit shall have been completed, provided such portion or portions may be used and/or occupied safely prior to full completion of the work without endangering life or public welfare. The Zoning Officer shall also issue a temporary certificate of use and occupancy for such temporary uses as tents, use of land for religious or other public or semipublic purposes, and similar temporary use and/or occupancy. Such temporary certificates shall be for the period of time to be determined by the Zoning Officer; however, in no case for a period exceeding six months.

(7) A certificate of use and occupancy shall not be issued for structures and buildings located in subdivisions requiring improvement guarantees until the structure or building abuts either a street which has been accepted by the Township for dedication or abuts upon a street which has been paved with a base wearing course.

(8) In business zones in which operation standards are imposed, no certificate of use and occupancy shall become permanent until 30 days after the facilities are fully operational when, upon a re-inspection by the Zoning Officer, it is determined that the facilities are in compliance with all operation standards.

§ 270-9.4 Determination of fees.

The Board of Supervisors may, by resolution, establish fees for the administration of this chapter. All fees shall be determined by a schedule that is made available to the general public. The Board of Supervisors may reevaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this chapter and may be adopted at any public meeting of the Board of Supervisors.

§ 270-9.5 Amendments.

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. 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.

B. Hearing and enactment procedures for zoning amendments.

(1) Public hearing: Before hearing and enacting Zoning Ordinance 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 Township. 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 Township Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included, a copy of the full text shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.

(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; these 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.

(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 Board of Supervisors 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 the ordinance or amendment will be considered and a reference to a place within the Township 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 a newspaper of general circulation in the Township 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 Subsection B(2).

(4) Township Planning Commission referrals:

(a) 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.

(b) 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 any officially adopted comprehensive plan of the Township.

(5) Lancaster County Planning Commission referrals: All proposed amendments shall be submitted to the Lancaster 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 Lancaster 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) Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Lancaster County Planning Commission.

C. Amendments initiated by the Township Planning Commission.

(1) 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.

(2) 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 § 270-9.5B.

D. 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.

E. Curative amendment by a landowner. A landowner who desires to challenge on substantive grounds the validity of this chapter or the Official Zoning Map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Supervisors in accordance with Sections 609(2) and 916(1) of the Pennsylvania Municipalities Planning Code, as amended.

F. Curative amendment by the Board of Supervisors.

(1) 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:

(a) By resolution, make specific findings setting forth the declared invalidity of this chapter or portions thereof, which may include:

[1] Reference to specific uses which are either not permitted or not permitted in sufficient quantity.

[2] Reference to a class of use or uses which require revision.

[3] Reference to the entire chapter which requires revisions.

(b) Begin to prepare and consider a curative amendment to this chapter to correct the declared invalidity.

(2) 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 in order to cure the declared invalidity of this chapter.

(3) 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 ZHB be required to give a report, upon request, for a challenge to the validity of this chapter under § 270-9.1E 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 zoning ordinance for which the Board of Supervisors propose to prepare a curative amendment.

(4) 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 decision by any court of competent jurisdiction, 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.

G. Authentication of official zoning map. Whenever there has been a change in the boundary of a zone or a reclassification of the zone adopted in accordance with the above, 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.

§ 270-9.6 Conditional uses.

A. Filing of conditional use. For any use permitted by conditional use, a conditional use must be obtained from the Board of Supervisors. In addition to the information required on the zoning permit application, the conditional use application must show:

(1) Names and address of adjoining landowners, including lots directly across a public right-of-way.

(2) A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.

(3) A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.

(4) Ground floor plans and elevations of proposed structures for all business land uses.

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.

(2) The proposed use shall not detract from the use and enjoyment of adjoining or nearby lots.

(3) The proposed use will not affect a change in the character of the subject property's neighborhood.

(4) Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, vehicular access, etc.).

(5) For development within a floodplain, that the application complies with those requirements listed in the Flood Plain Ordinance of East Hempfield Township.

(6) The proposed use shall comply with those criteria specifically listed in Article 9 of this chapter. In addition, the proposed use must comply with all other applicable regulations of this chapter.

(7) The proposed use will not substantially impair the integrity of Growing Together: A Comprehensive Plan for Central Lancaster County.

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 § 270-9.6 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 to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.

E. Hearing procedures. All hearings on conditional use applications will be conducted in accordance with the Pennsylvania Municipalities Planning Code, as amended.