[Ord. 3/29/1990A, § 1900; as amended by Ord. 01-6,
10/22/2001, § 26; and by Ord. 09-03, 8/22/2009, § 22]
1.
The provisions of this chapter shall be administered and enforced
by the Zoning Officer, who shall be appointed by the Board of Supervisors.
2.
It shall be the duty of the Zoning Officer and he/she shall have
the power to:
A.
Receive and examine all applications for zoning permits.
B.
Process zoning permit applications for all permitted uses. It should be noted that, under the provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, many uses must be submitted as land developments under Chapter 22, Subdivision and Land Development. A land development is defined as:
(1)
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(a)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
(b)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
(c)
A subdivision of land.
(2)
This definition shall not include the following:
(a)
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
(b)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
(c)
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this chapter, amusement park is defined as a tract
or area used principally as a location for permanent amusement structures
or rides. This exclusion shall not apply to newly acquired acreage
by an amusement park or a new amusement park until initial plans for
the area or expanded area have been approved by proper authorities.
C.
The Zoning Officer shall issue permits only where there is compliance
with the provisions of this chapter, with other Township ordinances
and with the laws of the commonwealth and the federal government.
Permits for construction or uses requiring a special exception or
variance shall be issued only upon order of the Zoning Hearing Board.
Permits requiring approval by the Township Supervisors shall be issued
only after receipt of approval from the Township Supervisors.
D.
The Zoning Officer shall at all times be cognizant of the terms, regulations and procedures of Chapter 22, Subdivision and Land Development, and before acting on any zoning application shall determine that the applicant has received the required approval of the Board of Supervisors on the application for subdivision and/or land development.
E.
Receive applications for conditional uses, curative amendments and
zoning changes, forwarding requests to the Board of Supervisors, Planning
Commission and other appropriate agencies.
F.
Receive applications for special exceptions and variances and to
forward these applications to the Zoning Hearing Board for action
thereon.
G.
Following refusal of a permit, to receive applications for interpretation,
appeals and variances. These applications will then be forwarded to
the Zoning Hearing Board for action thereon.
H.
Conduct inspections to determine compliance or noncompliance with
the terms of this chapter.
I.
Issue enforcement notices, stop, cease and desist orders, and order
in writing correction of all conditions found to be in violation of
the provisions of all applicable Township ordinances. Such written
orders shall be served personally or by certified mail upon person,
firms or corporations deemed by the Zoning Officer to be violating
the terms of this chapter. It shall be unlawful for any person to
violate any such order issued lawfully by the Zoning Officer, and
any person violating any such order shall be guilty of a violation
of this chapter.
J.
With the approval of the Board of Supervisors, or when directed by
them, institute in the name of the Township any appropriate action
or proceedings to prevent the unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use to restrain, correct
or abate such violation, so as to prevent the occupancy or use of
any building, structure or land, or to prevent any illegal act, conduct,
business or use in or about such premises.
K.
Revoke any order or zoning permit issued under a mistake of fact,
or contrary to the law, or the provisions of this chapter.
L.
Record and file all applications for zoning permits with accompanying
plans and documents. All applications, plans and documents shall be
a public record.
M.
Maintain a map or maps showing the current zoning classification
of all land in the Township.
N.
Register nonconforming structures, uses and lots in accordance with
provisions of Part 22.
O.
Present testimony in matters before the Zoning Hearing Board.
[Ord. 3/29/1990A, § 1901]
The Planning Commission shall review applications for zoning
permits referred to it under § 27-2501.2 and applications
for conditional uses referred to in under § 2010 to ensure
compliance with the terms of this chapter. In reviewing such applications,
the Planning Commission shall follow the same procedure employed in
reviewing subdivision plans. The Planning Commission shall submit
its recommendations and findings to the Board of Supervisors.
[Ord. 3/29/1990A, § 1905; as amended by Ord. 05-06,
8/22/2005, § 48]
1.
Hereafter, no use listed in Parts 4 through 16 may be established
or changed; no structure shall be erected, constructed, reconstructed,
altered, razed, removed and no building used or occupied, changed
in use or changed in nonresidential use occupancy until a zoning permit
has been secured from the Zoning Officer. Upon completion of changes
in use or construction, reconstruction, alteration or moving structures,
the applicant shall notify the Zoning Officer of such completion.
No permit shall be considered as complete or as permanently effective
until the Zoning Officer has noted on the permit that the work or
occupancy and use have been inspected and approved as being in conformity
with the provisions of this chapter.
[Ord. 3/29/1990A, § 1903]
1.
All applications for zoning permits shall be made in writing by the
owner, tenant, vendee under contract of sale or authorized agent on
a form supplied by the Township and shall be filed with the Zoning
Officer. The application shall include four copies of the following
information:
A.
A statement as to the proposed use of the building or land.
B.
A site layout plan drawn to scale (one inch equals 20 feet or larger)
showing the location, dimensions and height of proposed buildings,
structures or uses and any existing buildings in relation to property
and street lines. If the application relates to property scheduled
to be developed in successive stages, such plans shall show the relationship
of the portion scheduled for initial development to the proposed layout
of the entire property. The plan shall be submitted at a sheet size
of 24 inches by 36 inches.
[Ord. 3/29/1990A, § 1904; as amended by Ord. 93-2,
2/8/1993, § 76]
All applicants for zoning permits, special exceptions, conditional
uses and interpretations and variance appeals shall, at the time of
making application, pay to the Zoning Officer or other designated
Township official for use of the Township a fee in accordance with
a fee schedule adopted by resolution of the Board of Supervisors upon
the enactment of this chapter or as such schedule may be amended by
resolution of the Board of Supervisors. In addition, an escrow deposit
may be required. The escrow deposit requirements shall be set from
time to time by resolution of the Board of Supervisors.
[Ord. 3/29/1990A, § 1905]
Any erection, construction, reconstruction, alteration or moving
of a building or other structure, including a sign authorized by a
zoning permit, shall be commenced, and any change in use of a building
or land authorized by a zoning permit shall be undertaken, within
90 days after the date of issuance of the permit. If not, the permit
shall be considered null and void. However, in case of erection or
construction of a building, the right to proceed with construction
may be extended annually without additional fees for an aggregate
period of not more than two years; provided, that the construction
pursuant to said permit has commenced within the first one-year period.
[Ord. 3/29/1990A, § 1906]
1.
Hereafter, no structure erected, constructed, reconstructed, extended
or moved, and no land or building engaged in use under a zoning permit,
shall be occupied or used in whole or in part for any use whatsoever
or changed in nonresidential occupancy, until the owner or authorized
agent has been issued a certificate of occupancy by the Zoning Officer,
indicating that the building or use complies with the terms of this
chapter.
2.
No certificate shall be issued until the premises in question have
been inspected and found by the Zoning Officer to be in compliance
with this chapter.
3.
The issuance of a certificate of occupancy in no way absolves the
owner or authorized agent from compliance with the intent of this
chapter.
[Ord. 3/29/1990A, § 1907]
The Board of Supervisors shall have the power to approve conditional
uses when this chapter specifically requires the obtaining of such
approval and for no other purpose.
[Ord. 3/29/1990A, § 1908; as amended by Ord. 93-2,
2/8/1993, § 77; and by Ord. 98-4, 4/27/1998, § 10]
1.
In granting a conditional use, the Board of Supervisors shall make
findings of fact consistent with the provisions of this chapter. The
Board of Supervisors shall not approve a conditional use except in
conformance with the conditions and standards outlined in this chapter.
2.
The Board of Supervisors shall grant a conditional use only if it
finds adequate evidence that any proposed development submitted will
meet all of the following general requirements as well as any specific
requirements and standards listed herein for the proposed use. The
Board of Supervisors shall, among other things, require that any proposed
use and location be:
A.
In accordance with the Township Comprehensive Plan.
B.
In the best interest of the Township, the convenience of the community,
the public welfare.
C.
Suitable for the property in question, and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity.
D.
In conformance with all applicable requirements of this chapter and
all Township ordinances.
E.
Suitable in terms of effect on highway traffic and safety with adequate
access arrangements to protect streets from undue congestion and hazard.
F.
In accordance with sound standards of subdivision and land development
practice where applicable.
G.
In accordance with the specific standards and criteria of this chapter.
3.
In addition to the requirements specified in this chapter, the applicant
shall provide the additional information required below and any information
necessary for the Board of Supervisors to make its evaluation.
B.
Use I3 Temporary Structure.
(1)
Provide information on the permanent structure to be placed
on the site.
(2)
Ensure that, financially, the project can be completed.
(3)
Specify the time for completion of the permanent structure.
(4)
Specify the time for removal of the temporary structure.
(5)
Provide a written agreement that the temporary structure will
be removed within 30 days of the expiration of the permit or the issuance
of an occupancy permit for the permanent structure, whichever occurs
first.
D.
Use 16 Wind Energy Conversion System. Provide proof that requirements
of this chapter will be met.
E.
Use B5 Life Care Facility and Use B6 Full Care Facility.
(3)
The applicant shall provide certification that municipal sewer
service and Public Utilities Commission certified water service will
be provided to the development.
(4)
A traffic impact study shall be provided.
(5)
Access to the roads adjoining the development shall be evaluated
to ensure safe access.
F.
Use B11 Retirement Village.
(1)
Each applicant for conditional use approval to develop or operate
a retirement village shall submit to the Board of Supervisors a proposed
set of regulations to control such operation, including the definition
of age limitations of residents and other restrictions to be placed
upon the residents, their activities and admission procedures and
requirements to insure the purposes and requirements for this use
will be met.
(2)
The applicant shall submit for review by the Board of Supervisors
proposed methods for the ownership and maintenance of common elements
within the retirement village.
(3)
Proposed accessory facilities, as noted in §§ 27-305, Subsection 2, Use B11(2) and (7), shall be identified by the applicant. The location within the retirement village shall be identified. Access to the roads adjoining the development shall be evaluated to ensure safe access without the imposition of nonresidential traffic on the surrounding residential areas and developments.
(5)
A traffic impact study shall be provided.
(6)
The need for buffer improvements, in addition to the requirements of § 27-2106, shall be considered by the Board of Supervisors.
(7)
Where a proposed retirement village is located adjacent to an
existing retirement village, the interconnection of street and pedestrian
improvements shall be evaluated and made wherever possible.
(8)
Connection to the Township's bicycle trail system shall be made
wherever possible.
G.
Use E4 Office Park.
H.
Use H3 Wholesale, Storage, Warehouse.
4.
Review by Planning Commission. The Board of Supervisors shall request
an advisory opinion from the Planning Commission on any application
for a conditional use; the Planning Commission is to submit a report
of such advisory opinion prior to the date of the public hearing held
by the Board of Supervisors on the application. The Planning Commission
may request a report from the Township Engineer.
[Ord. 3/29/1990A, § 1909]
1.
Conditional use applications shall be governed by the following:
A.
The landowner or applicant shall make a written request to the Board
of Supervisors that it hold a hearing on his application. The request
shall contain a statement reasonably informing the Board of Supervisors
of the matters that are in issue.
B.
The application shall be accompanied by plans and other materials in accordance with § 27-2504. The landowner or applicant shall first apply for a zoning permit. The Zoning Officer shall review the application and list items or matters to be addressed. A zoning permit will be issued only after conditional use approval has been granted.
C.
After review by the Planning Commission, the Board of Supervisors
shall hold a hearing upon the request, commencing not later than 60
days after the request is filed, unless the applicant request or consents
in writing to an extension of time. The Board of Supervisors shall
render a written decision on the application within 45 days after
the last hearing before the Board.
[Ord. 3/29/1990A, § 1910]
The Board of Supervisors shall conduct a hearing, pursuant to
public notice, and make a decision pursuant to express standards and
criteria set forth in this chapter. In allowing a conditional use,
the Board of Supervisors may attach such reasonable conditions and
safeguards, in addition to those expressed in this chapter, as it
may deem necessary to implement the purposes of this chapter.
[Ord. 3/29/1990A, § 1911]
The provisions of this chapter shall not be so construed as
to limit or interfere with the construction, installation, operation
and maintenance of public utility structures, or facilities in existence
at the time of passage of this chapter, or which may hereafter be
located within public easements or rights-of-way designated for such
purposes. The location of any such construction not within a public
easement or right-of-way, however, unless specifically provided for
in this chapter, shall be subject to approval of the Zoning Hearing
Board, which shall give consideration to the effect of such construction
or installation upon the public safety and the character of the adjacent
neighborhood.
[Ord. 3/29/1990A, § 1912]
Nothing herein contained shall be construed to render inoperative
any enforceable restriction established by covenants running with
the land and which restrictions are not prohibited by or are not contrary
to the regulations herein established.
