This chapter shall apply throughout East Petersburg Borough. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See §
124-103A.
This chapter is hereby adopted:
A. In accordance with the requirements and purposes (including Sections
604 and 605 or their successor section(s), which are included by reference)
of the Pennsylvania Municipalities Planning Code, as amended;
B. In accordance with goals and objectives of the Lancaster County Comprehensive
Plan and the Growing Together Regional Comprehensive Plan, which are
hereby included by reference;
C. To carry out the following major objectives:
(1)
To make sure that development carefully relates to natural features,
and to avoid overly intense development of environmentally sensitive
land;
(2)
To avoid overextending groundwater supplies, and to encourage
groundwater recharge, and to protect the quality of groundwater and
surface waters;
(3)
To promote traditional styles of development;
(4)
To promote compatibility between land uses;
(5)
To seek coordinated development and roads across municipal borders;
(6)
To provide for a variety of residential densities and meet legal
obligations to provide opportunities for all housing types;
(7)
To direct higher-density development to areas that are physically
suitable, accessible by major roads and that have the potential of
central water and sewage services;
(8)
To coordinate development with future central water and sewage
service areas;
(9)
To direct industrial development to locations that will minimize
conflicts with homes;
(10)
To direct commercial businesses to existing commercial areas,
while avoiding new strip commercial areas that would cause traffic
congestion and safety problems and conflicts with homes;
(11)
To promote new business development in appropriate areas that
will provide additional tax revenue and job opportunities;
(12)
To promote public health, safety and general welfare;
(13)
To promote mixed-use development, where appropriate;
(14)
To promote compact forms of development, where appropriate;
(15)
To promote connectivity of streets and pedestrian paths; and
(16)
To promote pedestrian-friendly and bicycle-friendly patterns
of development.
All of the enforcement, violations and penalty provisions of
the Pennsylvania Municipalities Planning Code, as amended, are hereby
incorporated into this chapter by reference. (Note: As of the adoption
date of this chapter, these provisions were primarily in Sections
616.1, 617 and 617.2 of such Act.)
A. Violations. Any person who shall commit or who shall permit any of
the following actions violates this chapter:
(1)
Failure to secure a zoning permit prior to any of the following:
a change in use of land or structure, or the erection, construction
or alteration of any structure or portion thereof, or the placement
of a sign, or a change in the area of a use or the land coverage or
setback of a use, or the excavation or grading of land to prepare
for the erection, construction or alteration of any structure or portion
thereof;
(2)
Placement of false statements on or omitting relevant information
from an application for a zoning permit;
(3)
Undertaking any action in a manner which does not comply with
a zoning permit;
(4)
Violation of any condition imposed by a decision of the Zoning
Hearing Board in granting a variance or special exception or other
approval; or
(5)
Violation of any condition imposed by a decision of the Borough
Council in granting a conditional use or other approval; or
(6)
Violation of any condition imposed by a decision of a court
of competent jurisdiction, where such court has granted zoning approval
with conditions.
B. Enforcement notice. If the Borough has reason to believe that a violation
of a provision of the Zoning Ordinance has occurred, the Borough shall
initiate enforcement proceedings by sending an enforcement notice
as provided in Section 616.1 of the Pennsylvania Municipalities Planning
Code. Prior to sending an official enforcement notice, the Zoning
Officer may, at his/her option, informally request compliance.
C. Time limits. An official enforcement notice shall state the deadline
to complete bringing the property into compliance with this chapter
and shall state that the applicant has 30 days from the receipt of
the notice to appeal to the Zoning Hearing Board.
D. Causes of action; enforcement remedies. The causes of action and
enforcement remedies provisions of the Pennsylvania Municipalities
Planning Code, as amended, are hereby incorporated by reference. (Note:
As of the adoption date of this chapter, such provisions were in Section
617 of such law.)
(1)
Violations and penalties. Any person who 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 Borough, pay a judgment of not more than $500 plus all court
costs, including the reasonable attorney's fees incurred by the Borough
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 District Magistrate. If the defendant neither pays nor timely
appeals the judgment, the Borough may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation
continues shall constitute a separate violation, unless a District
Magistrate determining that there has been a violation further determines
that there was a good faith basis for the person 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. All judgments, costs and reasonable
attorney's fees collected for the violation of this chapter shall
be paid over to the Borough for the general use of the Borough. Imprisonment
is not authorized under this chapter.
(2)
Remedies. In case any building, structure, sign or landscaping
is erected, constructed, reconstructed, altered, repaired, converted
or maintained; or any building, structure, sign or land is used; or
any hedge, shrub, tree or other growth is maintained in violation
of this chapter or of any of the regulations made pursuant thereto
or any of the permits or certificates of use and occupancy issued
under this chapter or any conditions imposed upon the grant of a special
exception or variance by the Zoning Hearing Board or upon the grant
of a conditional use, then, in addition to any other remedies provided
by law, any appropriate action or proceeding may be instituted or
taken to prevent or restrain such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
or to prevent any illegal act, conduct, business or use in and about
such premises.
E. Enforcement evidence. In any appeal of an enforcement notice to the
Zoning Hearing Board, the Borough shall have the responsibility of
presenting its evidence first.
A Borough fee schedule for permits and applications may be established
and amended by written resolution of the Borough Council. No application
or appeal shall be considered filed until all fees are paid.
Within the requirements of the Pennsylvania Municipalities Planning
Code, the Borough Council may amend or repeal any or all portions
of this chapter on its own motion or after agreeing to hear a written
request of any person, entity, landowner or the Planning Commission.
The applicable provisions of the Pennsylvania Municipalities
Planning Code shall apply. (Note: As of the adoption date of this
chapter, these provisions were primarily in Sections 609.1, 609.2
and 916.1 of such Act.)
The following requirements shall apply to procedures, hearings
and decisions of the Zoning Hearing Board:
A. Notice of hearings. Notice of all hearings of the Board shall be
given as follows:
(1)
Ad. Public notice shall be published, as defined by Section
107 of the Pennsylvania Municipalities Planning Code. The notice shall state the time and place of the hearing
and the particular nature of the matter to be considered.
(2)
Posting. Notice of such hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing.
The Borough staff shall post the property. It is the responsibility
of the applicant to make sure that such notice remains posted until
the hearing.
(3)
Persons given notice. The Borough shall provide written notice
to the applicant of the time and place of the hearing. The Borough
should also provide notice to the President of the Borough Council
and to the primary last known owner of each lot that is abutting or
immediately across the street from the subject lot. Failure to provide
such notice shall not be grounds for an appeal or delay. Also, such
notice shall be given to any other person or group (including civic
or community organizations) which has made a written timely request
for such notice. Any such notices should be mailed or delivered to
the last known address.
B. Initiation of hearings. A hearing required under this chapter shall
be initiated within 60 days of the date of an applicant's request
for a hearing, unless the applicant has agreed in writing to an extension
of time.
C. Decision/findings.
(1)
The Board shall render a written decision on each application
within 45 days after the last hearing on that application before the
Board, unless the applicant has agreed in writing to an extension
of time.
(2)
Where the application is contested or denied, the decision shall
be accompanied by findings of fact and conclusions based thereon,
together with the reasons for such conclusions.
(3)
References shall be provided to the most pertinent section(s)
of this chapter and/or the Pennsylvania Municipalities Planning Code.
D. Notice of decision. 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 the date
of the final decision. (Note: As of the adoption date of this chapter,
such provisions were within Section 908(9) and (10) of such Act, including
provisions regarding notice to other parties).
E. See also Section 908 of the Pennsylvania Municipalities Planning
Code.
The provisions for appeals to court that are stated in the Pennsylvania
Municipalities Planning Code, as amended, shall apply. (Note: As of
the adoption date of this chapter, these provisions were in Sections
1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A of such Act.)
See the provisions of the Pennsylvania Municipalities Planning
Code, as amended. (Note: As of the adoption date of this chapter,
such provisions were within Section 619 of such Act.)
This chapter shall not apply to uses or structures owned by
East Petersburg Borough or by a municipal authority created solely
by East Petersburg Borough for uses and structures that are intended
for a public utility, stormwater, public recreation or public health
and safety purpose.