[Ord. 6-4-84, 6/4/1984, Art. 25]
It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator and then the Zoning Hearing Board. Recourse from the decisions of the Zoning Hearing Board shall be to the courts as provided in § 27-2007.
It is further the intent of this chapter that the duties of the Township Supervisors in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this chapter. Under this chapter the Township Supervisors shall have only the duties (1) of considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law, (2) of establishing a schedule of fees and charges as stated in § 27-2102, and (3) those duties specifically noted in other articles of this chapter.
[Ord. 6-4-84, 6/4/1984, Art. 26]
The Township Supervisors shall establish a schedule of fees,
charges, and expenses and a collection procedure for Building and
Zoning Permits, Certificates of Zoning Compliance, appeals, petitions,
and other matters pertaining to this chapter. The schedule of fees
shall be posted in the office of the Zoning Administrator, and may
be altered or amended only the Township Supervisors.
[Ord. 4-1989, 12/18/1989]
1.
The Board of Supervisors may from time to time amend, supplement,
or repeal any of the regulations and provisions of this chapter. The
procedure for the preparation of a proposed zoning ordinance as set
forth in § 607 of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10607, is hereby declared optional.
2.
Before voting on the enactment of an amendment, the Board of Supervisors
shall hold a public hearing thereon, pursuant to public notice. In
addition, if the proposed amendment involves a zoning map change,
notice of said public hearing shall be conspicuously posted by the
Township of North Lebanon at points deemed sufficient by the Township
of North Lebanon along the perimeter of the tract to notify potentially
interested citizens. The affected tract or area shall be posted at
least one week prior to the date of the hearing.
3.
In the case of an amendment other than that prepared by the Planning
Commission the Board of Supervisors shall submit each such amendment
to the Planning Commission at least 30 days prior to the hearing on
such proposed amendment to provide the Planning Commission an opportunity
to submit recommendations.
4.
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.
5.
At least 30 days prior to the public hearing on the amendment by
the Board of Supervisors, the Township of North Lebanon shall submit
the proposed amendment to the county planning agency for recommendations.
6.
Within 30 days after enactment, a copy of the amendment to this chapter
shall be forwarded to the county planning agency.
[Ord. 4-1989, 12/18/1989]
1.
A landowner who desires 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
has an interest may submit a curative amendment to the Board of Supervisors
with a written request that his challenge and proposed amendment be
heard and decided as provided in § 916.1 of the Pennsylvania
Municipalities Planning Code (hereinafter "MPC"), 53 P.S. § 10916.1.
The curative amendment and challenge shall be referred to the Planning
Commission and the county planning agency as provided in § 609
and notice of the hearing thereon shall be given as provided in §§ 610
and 916.1 of the MPC, 63 P.S. §§ 10609, 10610, and
10916.1.
2.
The hearing shall be conducted in accordance with § 908
of the MPC and all references therein to the Zoning Hearing Board
shall, for purposes of this section be references to the Board of
Supervisors. If the Township of North Lebanon does not accept a landowner's
curative amendment brought in accordance with this subsection 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 and Zoning Map, but only for those provisions which
specifically relate to the landowner's curative amendment and challenge.
3.
The Board of Supervisors, if it determines that a validity challenge
has merit, 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:
A.
The impact of the proposal upon roads, sewer facilities, water supplies,
schools and other public service facilities;
B.
If the proposal is for a residential use, the impact of the proposal
upon regional housing needs and the effectiveness of the proposal
in providing housing units of a type actually available to and affordable
by classes of persons otherwise unlawfully excluded by the challenged
provisions of this chapter or Zoning Map.
C.
The suitability of the site for the intensity of use proposed by
the site's soils, slopes, woodlands, wetlands, flood plains, aquifers,
natural resources and other natural features;
D.
The impact of the proposed use on the site's soils, slopes, woodlands,
wetlands, flood plains, natural resources and natural features, the
degree to which these are protected or destroyed, the tolerance of
the resources to development and any adverse environmental impacts;
and
E.
The impact of the proposal on the preservation of agriculture and
other land uses which are essential to public health and welfare.
[Ord. 6-4-84, 6/4/1984, Art. 28]
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, morals, or general welfare.
Wherever the requirements of this chapter are at variance with the
requirements of any other lawfully adopted rules, regulations, ordinances,
deed restrictions, or covenants, the applicant shall be liable only
to follow regulations prescribed by this chapter under the authority
of the Zoning Administrator. It is intended and understood by the
Township Supervisors that the applicant is subject to any and all
covenants and laws but that there is no authority beyond zoning regulations
to be applied by the Zoning Administrator.
[Ord. 4-1989, 12/18/1989]
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 Board of Supervisors
or, with the approval of the Board of Supervisors, an officer of the
Township of North Lebanon, 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 of North Lebanon at least 30 days prior to the time the
action is begun by serving a copy of the complaint on the Board of
Supervisors. No such action may be maintained until such notice has
been given.
[Ord. 4-1989, 12/18/1989]
1.
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 therefore in a civil enforcement proceeding
commenced by the Township of North Lebanon, pay a judgment of not
more than $500 plus all court costs, including reasonable attorney
fees incurred by the Township of North Lebanon 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 of North Lebanon 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 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 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 district justice and thereafter each day that a violation continues
shall constitute a separate violation.
2.
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.
3.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township of North
Lebanon the right to commence any action for enforcement pursuant
to this section.
4.
District justices shall have initial jurisdiction over proceedings
brought under this section.
[Ord. 6-4-84, 6/4/1984, Art. 31]
Should any section or provision of this chapter be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the chapter as a whole, or any part thereof
other than the part so declared to be unconstitutional or invalid.
[Ord. 6-4-84, 6/4/1984, Art. 32]
All ordinances or parts of ordinances in conflict with this
Zoning Chapter, or inconsistent with the provisions of this chapter,
are here repealed to the extent necessary to give the ordinance full
force and effect. The ordinance shall become effective on June 9,
1984.
