[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, § 29;
and by Ord. 170, 6/5/2012, § 6]
1. General.
A. No use of land shall be made or any building or structure constructed,
altered, remodeled, sold, leased, occupied or used, nor any existing
use of a building, structure or land be changed until a zoning use
permit and a zoning occupancy permit have been issued by the Zoning
Officer.
B. The improvements of land preliminary to any use of such land shall
not be commenced prior to the issuance of the zoning use permit.
C. Any permit issued in conflict with the provisions of this chapter
shall be null and void.
2. Permit Application and Issuance Procedure.
A. Whenever the proposed activity, whether new construction or alternation of an existing use, requires a building permit (under the Township Construction Code [Chapter
5, Part
1]), the applications for the zoning use permit and zoning occupancy permit shall be made prior to or simultaneously with the application for the building permit. However, the building permit shall not be issued until the zoning use permit has been granted.
B. When no building permit is required, the application for the zoning
use permit and zoning occupancy permit may be made at any time prior
to the use or occupancy of the structure or land.
C. Permit applications shall be submitted in writing on such forms or
in such format as established by the Township. The Zoning Officer
may request any information necessary to determine the application's
compliance with this chapter.
D. The Zoning Officer shall not issue the zoning use permit or zoning occupancy permit unless the property complies with this chapter, the Township Construction Code [Chapter
5, Part
1], the Township Property Maintenance Code [Chapter
5, Part
2], the Subdivision and Land Development Ordinance [Chapter
22], the Township Stormwater Management Ordinance [Chapter 26, Part
1] and all other applicable Township, County, State and Federal laws, ordinances and regulations, and until all other required approvals and permits have been obtained from applicable Township, County, State and Federal agencies including, but not limited to a PennDOT highway occupancy permit. The applicant shall submit copies of all such required approvals and permits to the Zoning Officer.
E. Where approvals are not required by other Township agencies or governmental
entities, the Zoning Officer shall review and approve or disapprove
the application. However, the Zoning Officer may seek the advice and
recommendations of the Planning Commission on any application.
F. An application for a zoning use permit does not permit occupancy.
A zoning occupancy permit is also required. Under certain circumstances,
application for any approval of a zoning use permit and zoning occupancy
permit may be combined.
G. Upon completion of the applied-of work, the applicant shall notify
the Zoning Officer who shall examine the building, structure or use
of land involved. If the Zoning Officer shall find that such construction,
erection, structural alteration or use of building and land has been
completed in accordance with the provisions of this chapter and other
applicable ordinances, the zoning occupancy permit shall be issued.
H. As a pre-condition to the issuance of any zoning use permit or zoning
occupancy permit, a landowner shall permit the Zoning Officer to inspect
both the exterior and interior of the property, as deemed necessary
by the Zoning Officer. Any failure or refusal to permit such inspection
shall result in denial of any application for zoning use permit or
zoning occupancy permit.
I. The Township shall not issue a no-lien letter in connection with
the sale of any property in the Township unless and until either the
proposed buyer or proposed seller has applied for and obtained a zoning
occupancy permit in connection with the sale of the property.
3. Period of Validity.
A. A zoning use permit shall become null and void within six months
of the date of issuance unless the construction, altering, remodeling
of a building or structure is commenced or a use of land or building
is commenced.
B. A nonresidential zoning occupancy permit shall be valid for a period
of one year. The landowner shall be responsible for applying for a
renewed permit prior to the expiration of an existing permit. The
Zoning Officer shall be responsible for scheduling inspections related
thereto.
4. Temporary Zoning Use and Zoning Occupancy Permits. The Zoning Officer
may issue a temporary zoning permit which may allow the use or occupancy
of a building or structure during structural alteration thereof or
may permit the partial use or occupancy of a building or structure
during its construction or erection; provided, however, that such
a temporary permit shall be valid only for a period not exceeding
six months from its issuance and shall be subject to such restrictions
and provisions as may be deemed necessary by the Zoning Officer to
ensure the safety of persons using or occupying the building, structure
or land involved.
5. Inspection. It shall be the duty of the Zoning Officer, or his fully
appointed representative, to make the following minimum number of
inspections on property for which a permit has been issued:
A. At the Beginning of Construction.
(1)
A record shall be made indicating the time and date of the inspection
and the finding of the Zoning Officer in regard to conformance of
the construction with plans approved with the application for the
building.
(2)
If the actual construction does not conform to the application,
a written notice of a violation may be issued by the Zoning Officer,
and such violation shall be discontinued. Upon proper correction of
the violation and receipt of written notice from the Zoning Officer,
construction shall proceed.
B. At the Completion of Construction. A record shall be made indicating
the time and date of the inspection; the findings of the Zoning Officer
in regard to conformance to this chapter; and the opinion of the Zoning
Officer in regard to the issuance of an occupancy permit.
[Ord. 146, 1/10/2008]
The Board of Supervisors shall establish, from time to time
by resolution, fees and charges for all permits and applications required
by this chapter.
[Ord. 146, 1/10/2008]
Amendments of this chapter may be initiated by Board of Supervisors,
by the Planning Commission, or by a petition of a landowner within
the Township in accordance with the following provisions:
A. Petitions for amendment by landowners, other than curative amendments under §
27-2205 of this chapter, shall be filed in writing with the Zoning Officer, and the petitioner, upon such filing, shall pay a filing fee and/or review deposit in accordance with the schedule fixed by resolution of Board of Supervisors.
B. Any proposed amendment other than one proposed by the Planning Commission
shall be referred to the Planning Commission for review. The Planning
Commission shall review the proposed amendment and report its findings
and recommendations, in writing, to the Board of Supervisors and to
the petitioner.
C. In the event the Planning Commission recommends approval of the proposed
amendment, in whole or in part, or if a public hearing is requested
by at least one member of the Board of Supervisors, a public hearing
will be scheduled on the proposed amendment and a copy of the same
submitted to the County Planning Agency at least 30 days prior to
the public hearing in accordance with the requirements of the MPC.
D. If the proposed amendment involves a Zoning Map change, notice of
the public hearing shall be conspicuously posted by the Township at
points deemed sufficient by it along the tract to notify potentially
interested citizens. The affected tract shall be posted at least one
week prior to the date of the hearing.
E. Notice of any proposed Zoning Map change shall also be mailed by
the Township at least 30 days prior to the public hearing by first
class mail to the addresses to which real estate tax bills are sent
for all real property located within the area being rezoned, as evidenced
by tax records within the possession of the Township. A good faith
effort and substantial compliance shall satisfy the requirements of
this subsection. This subsection shall not apply to a comprehensive
rezoning.
F. If, after any public hearing held upon an amendment, the proposed
amendment is substantially revised or further revised to include land
previously not affected by it, then the Board of Supervisors shall
hold another public hearing pursuant to public notice before proceeding
to vote on the amendment.
G. The Board of Supervisors shall act on a proposed amendment to this
chapter within 90 days of the date of the meeting at which the public
hearing on the amendment is closed. If the Board of Supervisors fails
to so act within the said ninety-day period, then the proposed amendment
shall be deemed denied.
H. Within 30 days after enactment, a certified copy of the amendment
to this chapter shall be forwarded to the County Planning Agency.
I. The proposed amendment shall also be published, advertised and made
available to the public in accordance with the requirements of the
MPC.
[Ord. 146, 1/10/2008]
Any landowner who wishes to challenge, on substantive grounds,
the validity of this chapter or the Zoning Map or any provision thereof
which prohibits or restricts the use or development of land in which
he/she has an interest may prepare and submit a curative amendment
to the Board of Supervisors, in the form he/she proposes it be adopted,
together with a written request that his/her challenge and proposed
amendment be heard and decided in accordance with the requirements
of the MPC. The Board of Supervisors shall hold a public hearing,
pursuant to public notice, on the matter within 60 days of receiving
an administratively complete curative amendment request. Public notice
of the public hearing shall be given by the Township in accordance
with the requirements of the MPC. Public hearings shall be conducted
and held in accordance with the applicable provisions of the MPC.
The Board of Supervisors shall comply with all applicable requirements
of the MPC regarding the conduct of hearings and decisions related
thereto.
A. Referral to Planning Commission. The curative amendment and challenge
shall be referred to the Planning Commission and the County Planning
Agency or its designee at least 30 days prior to the public hearing
for review and comment.
B. Declaration of Invalidity by the Court. If the Borough does not accept
a landowner's curative amendment brought in accordance with this section
and a court subsequently rules that the challenge has merit, the court's
decision shall not result in a declaration of invalidity for this
entire chapter, but only for those provisions which specifically relate
to the landowner's curative amendment and challenge.
C. Evaluation of Merits of Curative Amendment. If the Board of Supervisors
determines that a validity challenge has merit, then the Board of
Supervisors may accept a landowner's curative amendment, with or without
revision, or may adopt an alternative amendment which will cure the
challenged defects. The Board of Supervisors shall consider the curative
amendments, plans and explanatory material submitted by the landowner
and shall also consider:
(1)
The impact of the proposal upon roads, 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 the Zoning Map.
(3)
The suitability of the lot's soils, slopes, woodlands, wetlands,
floodplains, aquifers, natural resources and natural features for
the intensity of the proposed uses.
(4)
The impact of the proposed use on the lot'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 the public health, safety
and welfare.
[Ord. 146, 1/10/2008]
If the Board of Supervisors determines that this chapter or
a portion thereof is substantially invalid, it may implement the procedure
for municipal curative amendments provided in § 609.2 of
the MPC.
[Ord. 146, 1/10/2008; as amended by Ord. 173, 8/5/2014, § 42]
1. Civil Enforcement Proceedings.
A. Except where a different penalty is provided, any person, partnership,
or corporation who or which has violated or permitted the violation
of the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $500, plus all court costs, including reasonable
attorney fees incurred by the Township as a result thereof. No judgment
shall commence or be imposed, levied, or be payable until the date
of the determination of a violation by the Magisterial District Judge.
If the defendant neither pays nor appeals the judgment in a timely
manner, the Township may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day that a violation continues shall
constitute a separate violation unless the Magisterial District Judge,
determining that there has been a violation, further determines that
there was a good faith basis for the person, partnership, or corporation
violating this chapter to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge, and thereafter each day that a
violation continues shall constitute a separate violation. All judgments,
costs and reasonable attorney fees collected for the violation of
this chapter shall be paid over to the Township.
B. 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.
C. Enforcement Notice. The requisite enforcement notice, initiating
a civil enforcement proceeding, shall contain the following information,
in addition to any other information required by the MPC:
(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 a right to appeal to the
Zoning Hearing Board within 10 days of receipt of the enforcement
notice pursuant to the procedures set forth in this chapter.
(6)
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.
2. Equitable Enforcement Proceedings. In case any building, structure,
landscaping, or land is, or is proposed to be, erected, constructed,
reconstructed, altered, converted, maintained, or used in violation
of this chapter, the Zoning Officer and/or the Township Solicitor,
with the approval of the Board of Supervisors, may institute in the
name of the Township any appropriate, equitable action or proceeding
to prevent, restrain, correct, or abate such building, structure,
or land, or to prevent, in or about such premises, any act, conduct,
business, or use constituting a violation. These remedies shall be
in addition to any other remedies provided by law.
3. 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.