[Ord. 1996-1, 1/23/1996, § 1600; as amended by
Ord. 2005-12, 12/13/2005, § 1, Part 32]
1.
The Township may, at its option, issue combined or separate building
permits and zoning permits and/or may utilize a single or separate
applications for the permits. A zoning permit shall be required prior
to starting or conducting any of the following activities:
2.
See also requirements of the Township Construction Codes, which require
building and other permits. It shall be unlawful to commence construction
of any building until a zoning permit and any other required Township
permits have been issued.
3.
It shall be unlawful for any person to commence work for the erection
or part thereof, for which a building permit is required, until a
building permit has been duly issued therefore.
4.
The permit application must be accompanied by a site plan, showing
as necessary to demonstrate conformity to this chapter:
A.
Lot. The location and dimensions of the lot to be built upon.
B.
Street. Names and widths of abutting streets and highways.
C.
Buildings, Structures, and Yards. Locations, dimensions and uses
of existing and proposed buildings, structures and yards on the lot
and, as practical, of any existing buildings or structures within
100 feet of the proposed building or structure but off the lot.
D.
Improvements. Proposed off-street parking and loading areas, access
drives and walks; proposed sewage disposal system and proposed surface
water drainage system.
E.
Families and Dwelling Unit. The number of families or dwelling units
for which the building is designed.
F.
Other. Such other information as may be necessary to determine compliance
with this chapter and all other pertinent ordinances.
[Ord. 1996-1, 1/23/1996, § 1601; as amended by
Ord. 2005-12, 12/13/2005, § 1, Part 33]
1.
A temporary permit must be obtained from the Zoning Hearing Board
for a nonconforming structure or use which is or will be in the public
interest. The Zoning Hearing Board may grant a temporary permit for
a nonconforming structure or use, existing or new, which:
2.
A nonconforming structure or use approved under this section shall be removed immediately upon the expiration of the permit without cost to the Township. The temporary permit may be issued for a maximum period of up to three years, or a shorter time period stated on the permit, except as provided in Subsection 3 below.
3.
A temporary sales unit for a residential development may remain on
the tract as long as dwellings on the tract are actively under construction.
If a portable classroom would meet all requirements of this chapter,
then a regular zoning permit without a time limit may be issued instead
of a temporary permit.
[Ord. 1996-1, 1/23/1996, § 1602]
1.
This section applies to any new structure or building as below or
to any change of use of a structure or building or land as below:
A.
Use of a structure or building, erected, structurally altered or
extended or moved after the effective date of this chapter.
B.
Use of vacant land except for agricultural purposes.
C.
Any change in a conforming use of a structure or building or land
unless the change is to the same general type of conforming use.
D.
Any change from a nonconforming use of a structure or building or
land to another nonconforming use or to a conforming use.
E.
Any change in the use of a structure or building or land from that
permitted by any variance of the Zoning Hearing Board.
2.
Before any such use or change of use, a person must have the intended
use certified by the Zoning Officer as being in compliance with this
chapter. The application for a certification of use or occupancy must
include a statement of the intended use and any existing use of the
structure or building or land and a plan of the lot indicating parking,
signs and building square footage. The certificate continues in effect
as long as the use of the structure or building or land for which
it is granted conforms with this chapter.
[Ord. 1996-1, 1/23/1996, § 1603]
1.
Any person aggrieved or affected by provision of this chapter or
decision of the Zoning Officer, may appeal to the Zoning Hearing Board.
The appeal must be on a form provided for that purpose by the Zoning
Officer. It must be filed with the Board and a copy given to the Zoning
Officer. Said appeal shall be filed no later than 30 days after the
taking of the action appealed unless the appellant alleges and proves
that he had no notice, knowledge, or reason to believe that such action
had been taken. The appellant must provide all the information requested
on the form, together with any other information and data that may
be required to advise the Board on the appeal, whether such information
is called for by the official form or not.
2.
An appeal to the Zoning Hearing Board shall stay all proceedings
in furtherance of the action appealed from, unless the Zoning Officer
certifies to the Board after the notice of appeal shall have been
filed that by reason of facts stated in the certificate a stay would,
in his opinion, cause imminent peril to life and property. In such
a case, proceedings shall not be stayed and otherwise than by a restraining
order, which may be granted by the Board or by a court of record on
application or notice to the Zoning Officer and for due cause shown.
3.
Within 30 days after a decision of the Zoning Hearing Board, a person
aggrieved by the decision, or the Board of Township Supervisors may
appeal to the Court of Common Pleas of York County, by notice of appeal,
setting forth that the decision is arbitrary, capricious, an abuse
of discretion, or otherwise not in accordance with law and specifying
the ground which they rely.
[Ord. 1996-1, 1/23/1996, § 1604]
1.
Notice; Conduct of Hearing.
A.
Notice shall be given to the public, 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.
Notice shall be given as follows:
(1)
By publishing a notice thereof, at least 15 days in advance
of such hearing, in a newspaper of general circulation in the Township.
(2)
By mailing a notice thereof to the Zoning Officer.
(3)
By mailing a notice thereof, at least seven days prior to the
hearing to the applicant or appellant at the address filed with the
appeal or application.
(4)
By mailing a notice thereof, at least seven days prior to the
hearing, to such other person as designated by ordinance or to such
other person who has made a timely request for notice of the hearing.
(5)
Written notice of the hearing shall be conspicuously posted
on the affected tract of land at least seven days prior to the hearing.
(6)
When the Zoning Hearing Board shall so order, by mailing or
delivering a notice thereof to the owner, if his residence is known
and to the owner of every lot on the same street within 100 feet of
said lot or building; provided, that failure to give notice required
by this section shall not invalidate any action by the Zoning Hearing
Board.
(7)
The Board of Supervisors may establish reasonable fees, based
on cost, to be paid by the applicant and by persons requesting any
notice not required by ordinance.
B.
The hearing shall be conducted by the Zoning Hearing Board or the
Zoning Hearing Board may appoint any member as a hearing officer.
The decision or, where no decision is called for, the findings shall
be made by the Zoning Hearing Board, but the parties may waive decision
or findings by the Zoning Hearing Board and accept the decision or
findings of the hearing officer as final.
C.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
D.
The Zoning Hearing Board or the Hearing Officer:
(1)
Shall not communicate, directly or indirectly, with any party
or his representative in connection with any issue involved except
upon notice and opportunity for all parties to participate.
(2)
Shall not take notice of any communication, reports, staff memoranda,
or other materials unless the parties are afforded an opportunity
to contest the material or notices.
(3)
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.
2.
Parties, Representation, Statements.
A.
Parties. The parties to the hearing shall be the Township, any person
affected by the application who has made timely appearance of record
before the Zoning Hearing Board and any other person including civic
or community organizations permitted to appear by the Zoning Hearing
Board. The Zoning Hearing Board shall have power to require that all
persons who wish to be considered parties enter appearances in writing
on forms provided by the Zoning Hearing Board for that purpose.
B.
Representation. 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.
3.
Witnesses, Documents, and Papers. The Chairman or acting Chairman
of the Zoning Hearing Board 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.
4.
Decision Procedure.
A.
The Zoning Hearing Board 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 Zoning Hearing Board or hearing officer.
B.
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 provision of any
law, or on any provision of any ordinance, rule, or regulation shall
contain a reference to the provision relied on and the reasons why
the conclusion is deemed appropriate in light of the facts found.
C.
If the hearing is conducted by a hearing officer, and there has been
no stipulation that his decision or finds are final, the Zoning Hearing
Board shall make his report and recommendations available to the parties
and the parties shall be entitled to make written representations
thereon to the Zoning Hearing Board prior to final decision or entry
of findings, and the Zoning Hearing Board's decision shall be entered
no later than 45 days after the decision of the hearing officer.
D.
When the Zoning Hearing Board has power to render a decision and
the Zoning Hearing Board or the hearing officer, as the case may be,
fails to render the same within the period required by this section,
the decision shall be deemed to have been rendered in favor of the
applicant unless the applicant has agreed to an extension of time.
Nothing herein contained in this section shall prejudice the right
of any part opposing the application to urge that such decision is
erroneous.
E.
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 Zoning Hearing
Board, no later than the last day of the hearing, the Zoning Hearing
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.
Whenever the Zoning Hearing Board imposes a condition, or conditions
with respect to the granting of an application or appeal, this condition
must be stated in the order of the Zoning Hearing Board and in the
permit issued pursuant to the order by the Zoning Officer. This permit
remains valid as long as the condition or conditions upon which it
was granted or the conditions imposed by this chapter are adhered
to.
5.
Stenographic Record. The Zoning Hearing Board or the hearing officer,
as the case may be, shall keep a stenographic record of the proceedings,
and a transcript of the proceedings and copies of graphic or written
materials received in evidence shall be made available to any party
at cost.
[Ord. 1996-1, 1/23/1996, § 1605]
1.
Zoning Hearing Board Appointments. The Township Board of Supervisors
shall appoint three residents of the Township to a Zoning Hearing
Board. The terms of office of a three member board shall be three
years and shall be so fixed that the term of office of one member
shall expire each year. The Zoning Hearing Board 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 Zoning Hearing Board shall hold no other office in
the Township.
2.
Changes. The Township Supervisors may, from time to time, on its
own motion, or on petition or on recommendation of the Township Planning
Commission, amend, supplement or repeal any of the regulations and
provisions of this chapter after public notice and hearing. Before
the public hearing, a proposed change, except those coming from the
Commission, must be referred to the Planning Commission for its recommendations.
If the Commission fails to make a recommendation within 45 days, the
Township Supervisors may act without the Commission's recommendation.
3.
Fees. The Township Supervisors must set fees by resolutions for all
applications, permits, or appeals provided for by this chapter to
defray the costs of advertising, mailing notices, processing, inspecting
and copying applications, permits and use certificates.
[Ord. 1996-1, 1/23/1996, § 1606]
1.
Zoning Hearing Board Cases. The Zoning Hearing Board may refer special
exception applications to the Planning Commission for their advice
but is not required to do so. Within 30 days of receiving an application
for a special exception or within 40 days of receiving an application
for a variance from the Zoning Hearing Board, the Planning Commission
must give a written report on it to the Zoning Hearing Board. The
Commission is governed by the same standards as the Zoning Hearing
Board in making its recommendations plus its special knowledge gathered
from planning for the Township.
2.
Amendments. The Planning Commission may recommend amendments to the
regulations and provisions of this chapter to the Township Supervisors.
For a proposed amendment stemming from other sources, the Commission
must review it and make a recommendation regarding it to the Township
Supervisors within 45 days after receipt of the proposal.
[Ord. 1996-1, 1/23/1996, § 1607]
1.
Creation and Membership.
A.
The terms of office of the board shall be three years and shall be
so fixed that the term of office of one member of a three member board
shall expire each year. The board shall promptly notify the Supervisors
of any vacancies which occur. Appointments to fill vacancies shall
be only for the unexpired portion of the term. Members of the board
shall hold no other office in the Township.
B.
The Supervisors may appoint by resolution at least one but no more
than three residents of the Township to serve as alternate members
of the board. The term of office of an alternate member shall be three
years. When seated pursuant to the provisions of this chapter, an
alternate shall be entitled to participate in all proceedings and
discussions of the board to the same and full extent as provided by
law for board 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 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 Board shall not be entitled
to vote as a member of the Board nor be compensated unless designated
as a voting alternate member.
C.
The Zoning Hearing Board shall be governed by the provisions of the
"Pennsylvania Municipalities Planning Code," Act 170 of December 21,
1988, P.L. 1329 Article IX as may be amended or revised, and such
other Commonwealth of Pennsylvania laws as may be applicable. As used
in this chapter, unless the context clearly indicates otherwise, the
term "Board" shall refer to such Zoning Hearing Board and "Act 170"
shall refer to the "Pennsylvania Municipalities Planning Code" as
cited above.
D.
The Zoning Hearing Board 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 the members of the Zoning Hearing Board, but where two members are disqualified to act in a particular manner, the remaining member may act for the Zoning Hearing Board. The Zoning Hearing Board 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 Zoning Hearing Board as provided in §§ 27-1605, Subsection 1B and D. The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the commonwealth. The Zoning Hearing Board shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors once a year.
E.
Each application or appeal filed in the proper form with the required
date, must be numbered serially and be placed upon the calendar of
the Zoning Hearing Board by the Secretary. Applications and appeals
must be assigned for hearing in the order in which they appear on
the calendar. However, for good reason, the Zoning Hearing Board may
order the advance of the application or appeal. The Zoning Hearing
Board must fix a reasonable time for hearings.
2.
Powers. The Zoning Hearing Board shall have the following powers:
A.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision, determination or interpretation
made by an administrative official in the enforcement of this chapter
or of any ordinance adopted pursuant thereto and to determine what
is a "reasonable accommodation" of a person with a disability pursuant
to the Fair Housing Amendments Act of 1988 and the Pennsylvania Human
Relations Act when the Zoning Officer is unable to make a determination.
B.
To hear and decide special exceptions which may be authorized in
this chapter by the Board of Supervisors. In addition to the express
standards and criteria stated in this chapter, the Zoning Hearing
Board may attach such reasonable conditions and safeguards to an approval
as it may deem necessary to ensure that the approval is consistent
with the purposes and intent of this chapter.
C.
The Board shall bear requests for variances where it is alleged that
the provisions of this chapter inflict unnecessary hardship upon the
applicant. The Board may by rule prescribe the form of application
and may require preliminary application to the Zoning Officer. The
board 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 district
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 the reasonable use of
the property.
(3)
That such unnecessary hardship has not been created by the applicant.
(4)
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located, nor substantially or permanently impair the appropriate use
or development of adjacent property, nor be detrimental to the public
welfare.
(5)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulation in issue.
(6)
In granting any variance, the board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purpose of the Pennsylvania Municipalities Planning Code and this
chapter.
(7)
All applications for use variance shall be referred to the Planning
Commission by the Zoning Hearing Board with the direction that the
Planning Commission shall make a study thereof and recommendations
to the Zoning Hearing Board within 40 days from the date of the receipt
of said application by the Planning Commission.
D.
In exercising the above-mentioned powers, the Zoning Hearing Board
may, in conformity with the provisions of this article, reverse or
affirm, wholly or partly, or may modify, the order, requirement, decision
or determination appealed from, and may make such order, requirement,
decision or determination as believed proper. Notice of such decision
shall forthwith be given to all parties in interest.
E.
All applications for special exceptions and variances shall be fully
reviewed by the Township Planning Commission except that the Zoning
Officer may waive this requirement when only a fence or single family
residential use is contemplated. The Planning Commission shall issue
a report to both the applicant and the Zoning Hearing Board as evidence.
Unless expressly characterized as "permanent" in the Zoning Hearing
Board's opinion, no special exception or variance shall create a nonconforming
use or extend to anyone other than the person seeking such special
exception or variance and their heirs, successors, or assigns.
F.
The fee for appeals and permits shall be set by the Board of Supervisors
by resolution.
G.
Appeals from Zoning Hearing Board Rulings: Any person aggrieved by
any decision of the Zoning Hearing Board may, within 30 days after
such decision of the Zoning Hearing Board, appeal to the Court of
Common Pleas of the County.
H.
The burden of proof in any appeal whether for a variance, special
exception or otherwise shall be on the appellant.
3.
Appeals to the Zoning Hearing Board.
A.
Appeals to the Zoning Hearing Board may be made by any person or
by any Township official or agency aggrieved or affected by any decision
of the Zoning Officer. Such appeal shall be taken within 30 days of
the decision of the Zoning Officer by filing with the Zoning Officer
and with the Zoning Hearing Board a notice of appeal, specifying the
grounds thereof. The Zoning Officer shall forthwith transmit to the
Zoning Hearing Board all the papers constituting the record upon which
the action appealed from was taken. An appeal shall state:
(1)
The name and address of the appellant.
(2)
The name and address of the owner of the real estate to be affected
by such proposed exception, of variance.
(3)
A brief description and location of the real estate to be affected
by such proposed change.
(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 variance,
or exception requested, may be allowed and reasons why it should be
granted.
B.
An appeal to the Zoning Hearing Board shall stay all proceedings
in furtherance of the action appealed from, unless the Zoning Officer
certifies to the Zoning Hearing Board after the notice of appeal shall
have been filed, that by reason of facts stated in the certificate
a stay would in his opinion cause imminent peril to life and property.
In such a case proceedings shall not be stayed otherwise than by a
restraining order, which may be granted by the Zoning Officer and
for due cause shown.
C.
Upon receiving an appeal, the Zoning Hearing Board shall fix a reasonable
time and place for a public hearing thereon and shall give the notice
thereof:
(1)
By advertising at least one week before the hearing, at least
one time in a newspaper of general circulation within the Township.
(2)
By mailing due notice at least seven days prior to the date
of the hearing to the parties in interest.
(3)
By giving due notice thereof to the Township Planning Commission,
the County Planning Agency, the Zoning Officer and such other persons
who make timely request for the notice.
(4)
In addition to the published notice, the Zoning Hearing Board
shall give notice of the hearing to the owners of all properties lying
within 200 feet of the property under consideration. This notice shall
be mailed to each property owner not less than seven days in advance
of the hearing and shall be made from the list of property owners
submitted by the person making the appeal. The failure to notify as
provided in this paragraph shall not invalidate any recommendations
adopted in the hearing; it being the intent, so far as may be possible
to provide due notice to the persons substantially interested that
the application for appeal is pending.
D.
The Zoning Hearing Board shall conduct a public hearing on such appeal
at which hearing any party may appear in person, or by agent or attorney,
and all of said parties so affected shall be given an opportunity
to be heard.
E.
The Zoning Hearing Board shall decide the issue involved within 45
days after the hearing or continued hearing, it shall be deemed that
such Zoning Hearing Board has decided in favor of the person or Township
official aggrieved or affected who is seeking relief. All actions
of the Zoning Hearing Board shall be by resolution and a copy shall
be furnished to the parties in interest and the Zoning Officer as
a public record.
F.
If the variance 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 six months
after the date when the variance is finally granted or the issuance
of a permit is finally approved or the other action by the appellant
is authorized. For good cause the Zoning Hearing Board may, upon application
in writing stating the reasons therefore grant an additional six-month
extension.
G.
Should the appellant or applicant fail to obtain the necessary permits
within said twelve-month period, or having obtained the permit should
he fail to commence work thereunder within such twelve-month 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 Zoning Hearing Board.
H.
Should the appellant or applicant commence construction or alteration
within said twelve-month period, but should he fail to complete such
construction or alteration within said twelve-month period, the Zoning
Hearing Board may upon 10 days notice in writing, rescind or revoke
the granted variance, or the issuance of the permit, or permits, or
the other action authorized to the appellant or application, if the
Zoning Hearing Board finds that a good cause appears for the failure
to complete within such twelve-month period, and if the Zoning Hearing
Board 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.
[Ord. 1996-1, 1/23/1996, § 1608]
1.
Referral to Planning Commission. All applications for use variance
shall be referred to the Planning Commission by the Zoning Hearing
Board with the direction that the Planning Commission shall make a
study thereof and recommendations to the Board within 40 days from
the date of the receipt of said application by the Planning Commission.
2.
Standards for Variances. Where there is unnecessary hardship, the
Board may grant a variance in the application of the provisions of
this chapter only if all of the following findings are made in writing,
where relevant in a given case:
A.
There are unique physical circumstances or conditions, including:
(1)
Irregularity, narrowness or shallowness of lot size or shape.
(2)
Exceptional topographical or other physical conditions peculiar
to the particular property.
(3)
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 district in which the property
is located.
B.
That because of such physical circumstances or conditions, the property
cannot be reasonably used in strict conformity with provisions of
this chapter and that the authorization of a variance is therefore
necessary to enable the reasonable use of the property.
C.
That such unnecessary hardship has not been created by the appellant.
D.
That the variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
nor substantially or permanently impair the appropriate use or development
of adjacent property, not be detrimental to the public welfare.
E.
That the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
of the regulation in issue.
3.
Conditions. In granting any variance, the Board may attach such reasonable
conditions as it may deem necessary to implement the purposes of this
chapter.
[Ord. 1996-1, 1/23/1996, § 1609]
1.
Appointment and Powers of Zoning Officer. For the administration
of this chapter, a Zoning Officer, who may not hold any elective office
in the Township, shall be appointed. The Zoning Officer shall administer
this chapter in accordance with its literal terms and shall not have
the power to permit any construction or any use or change of use which
does not conform to this chapter. He issues all building permits,
use certificates, certificates of nonconformance and at the discretion
of the Zoning Hearing Board, special exceptions, and variances. The
Zoning Officer may identify and register nonconforming uses, structures
and lots, together with the reasons the Zoning Officer identified
them as nonconformities.
3.
Transmittal of Papers. Upon receipt of an application for a variance
or a notice of appeal, the Zoning Officer must transmit to the Secretary
of the Zoning Hearing Board notice that an application has been filed
for a variance, special exception or appeal.
4.
Action on Building Permits. Within 15 days, except for holidays, after receipt of an application for a building permit, the Zoning Officer must grant or refuse the permit. If the application conforms to the applicable requirements of the Building Permit Ordinance [Chapter 4] and this chapter, the Zoning Officer must grant a permit. If the permit is not granted, he must state in writing the ground of his refusal.
5.
Action on Use Certificates. Within 15 days, except for holidays,
after receipt of an application for a use certificate, the Zoning
Officer must grant or refuse the certificate. If the specifications
and intended use conforms in all respects with the provisions of this
chapter, he must issue a certificate to that effect. Otherwise, he
must state in writing the grounds of his refusal.
6.
Violations. Upon determining that a violation of any of the provisions
of this chapter exists, the Zoning Officer shall serve written notice
on the person committing or permitting such violation by personal
service or registered mail that he shall cease and desist such violation
within 30 days from the date of such notice. If said notice is not
complied with and no appeal is filed with the Zoning Hearing Board,
the Zoning Officer or other Township officer may take, in the name
of the Township, any appropriate action or proceeding at law or in
equity to prevent, restrain, correct or abate such violation or to
require the removal or termination of the unlawful use of the structure,
building, sign, or land in violation of the provisions of this chapter
or of the order or direction made pursuant thereto.
7.
Records. The Zoning Officer must keep a record of:
A.
All applications for building permits, use certificates, special
exceptions and variances and all actions taken on them together with
any conditions imposed by the Zoning Hearing Board; registration of
nonconformities.
B.
All complaints of violations of provisions of this chapter and the
action on them.
C.
All plans submitted.
D.
All records and plans are available for public inspection.
[Ord. 1996-1, 1/23/1996, § 1610]
1.
Drainage. At the request of the Zoning Officer or the Zoning Hearing
Board, the Township Engineer must review site plans or other data
to ascertain that the provision for surface water drainage will be
adequate.
2.
Building Adjacent to Drainage Channels and Watercourses. The Township
Engineer shall review plans for buildings adjacent to drainage channels
or watercourses to ascertain that the buildings will be an adequate
distance from the high water line.
3.
Zoning Hearing Board Cases. Where the exercise of the above powers
and duties involves an application or appeal to the Zoning Hearing
Board, the Township Engineer shall make recommendations to the Zoning
Hearing Board. The approving authority in such cases shall be the
Zoning Hearing Board and not the Township Engineer.
[Ord. 1996-1, 1/23/1996, § 1611]
1.
This chapter or any part thereof, may be amended, supplemented or
repealed, from time to time, by the Township Supervisors on their
own motion or upon recommendation by the Township Planning Commission.
Before voting on the enactment of an amendment, the Supervisors shall
hold a public hearing thereon, pursuant to public notice. In the case
of an amendment other than that prepared by the Township Planning
Commission, the Board of Supervisors shall submit each such amendment
to the Township Planning Commission at least 30 days prior to the
hearing on such proposed amendment to provide the Township Planning
Commission an opportunity to submit recommendations. The Township
Supervisors shall not take action on any such amendment without such
report or recommendations from the Township Planning Commission unless
the Commission fails for any reason to render such report within 30
days after its next regularly scheduled meeting following the date
of such referral. If, after any public hearing held upon an amendment,
the proposed amendment is revised, or further revised, to include
land previously not affected by it, the Township Supervisors shall
hold another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
A.
Report of the Township Planning Commission. In making such report
on a proposed amendment, the Township Planning Commission shall make
inquiry and determination concerning the items specified below.
(1)
Concerning a proposed amendment or change in text of this chapter:
(a)
Whether such change is consistent with the aims and principles
embodied in this chapter as to the particular districts concerned.
(b)
Which areas, land uses, buildings, and establishments in the
Township will be directly affected by such change and in what way
they will be affected.
(c)
The indirect implications of such change in its effect on other
regulations.
(d)
Whether such proposed amendment is consistent with the aims
of the Comprehensive Plan of the Township.
(2)
Concerning a proposed amendment involving a change in the Zoning
Map:
(a)
Whether the uses permitted by the proposed change would be appropriate
in the area concerned.
(b)
Whether adequate public school facilities and other public services
exist or can be created to serve the needs of any additional residences
likely to be constructed as a result of such changes.
(c)
Whether the proposed change is in accord with any existing or
proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the growth of the
Township as envisaged by the Comprehensive Plan.
(e)
Whether the proposed amendment is likely to result in an increase
or decrease in the total zoned residential capacity of the Township
and the probable effect thereof.
B.
Petition and Fee. Each petition for a zoning amendment shall be accompanied
by a fee as set by separate resolution of the Manchester Township
Board of Supervisors upon the filing of such a petition. No fee shall
be required for petition filed in favor of or against a pending application.
C.
Referral to County Planning Commission. At least 30 days prior to
the hearing on the amendment to this chapter by the Township Supervisors,
the Township Planning Commission shall submit the proposed ordinance
and amendment to the York County Planning Commission. The County Planning
Commission shall report to the Supervisors in writing its advisory
opinion on said amendment within 30 days.
D.
Publication Advertisement and Availability of Proposed Amendments.
(1)
Proposed zoning amendments shall not be enacted unless notice
of proposed enactment is given in the manner set forth in this section,
and shall include the time and place of the meeting at which passage
will be considered, a reference to a place within the Township where
copies of the proposed amendment may be examined without charge or
obtained for a charge not greater than the cost thereof. The Board
of Supervisors shall publish the proposed amendment once in one newspaper
of general circulation in the Township not more than 60 days nor less
than seven days prior to passage. 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 provision in reasonable detail. If the full text is not included:
(a)
A copy thereof shall be supplied to a newspaper of general circulation
in the Township at the time the public notice is published.
(b)
An attested copy of the proposed amendment 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.
(2)
In the event substantial amendments are made in the proposed
amendment, before voting upon enactment, the Board of Supervisors
shall, at least 10 days prior to enactment, readvertise, in one newspaper
of general circulation in the Township, a brief summary setting forth
all the provisions in reasonable detail together with a summary of
the amendments.
(3)
Zoning amendments may be incorporated into official ordinance
books by reference with the same force and effect as if duly recorded
therein.
E.
Supervisors' Action. The Township Supervisors shall act to approve
or disapprove said amendment within 45 days after the date of said
public hearing.
[Ord. 1996-1, 1/23/1996, § 1612]
1.
The construction, erection, replacement, alteration, repair, extension,
replacement, and/or use of any structure, building, sign, and/or land
or the change of use, area of use, percentage of use or extension
or displacement of the use of any structure, building, sign, and/or
land without first obtaining a permit or the use of any building,
structure, sign, and/or land without receipt of a certificate of use
and occupancy or the failure to comply with any other provisions of
this chapter, are hereby declared to be violations of this chapter.
2.
The Zoning Officer shall serve a written enforcement notice of violation
or order on the person, firm or corporation, or the owner, lessee
or agent of the land upon which the violation has occurred who has
committed the violation, and such order shall direct the discontinuance
of the illegal action or condition and the abatement of the violation.
However, in no case shall the person so served abandon the premises
in such a condition so as to create a hazard or menace to the public
safety, health, morals or welfare. Said premises shall be placed in
such condition as the Zoning Officer shall direct. 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 which
have 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 the prescribed period of time in accordance with
procedures set forth in 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.
|
In any case any building, structure, landscaping or land is,
or is proposed to be, erected, constructed, reconstructed, altered,
converted, maintained or used in violation of any ordinance enacted
under the PAMPC or prior enabling laws, the Supervisors or, with the
approval of the 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 complaining on the Board of Supervisors
of Manchester Township. No such action may be maintained until such
notice has been given.
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3.
If the notice of violation is not complied with within a period of
30 days, the Zoning Officer or other Township officer may take, in
the name of the Township, any appropriate action or proceeding at
law or in equity to prevent, restrain, correct or abate such violation
or to require the removal or termination of the unlawful use of the
structure, building sign, and/or land in violation of the provisions
of this chapter or of the order or direction made pursuant thereto.
4.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter enacted
under the Municipalities Planning Code or prior enabling laws shall,
upon being found liable therefor in civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $500 plus all court
costs, including reasonable attorney fees by the Township as a result
thereof. No judgment shall commence or be imposed, levied or payable
until the date of the determination of a violation by the district
justice. 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, unless the district
justice determining that there has been a violation further determines
that there was a good faith basis for the person, partnership or corporation
violating the ordinance 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 district justice and thereafter each day a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation of zoning ordinances shall
be paid over to the township whose ordinance has been violated. The
Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
5.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the township the right
to commence any action for enforcement pursuant to this section.
