A.
Persons desiring to undertake any new construction, structural or
site alteration, or changes in the use of a building or lot, shall
apply to the Township Zoning Officer for a zoning permit by filling
out the appropriate application form and by submitting the required
fee.
B.
The Zoning Officer shall either issue the zoning permit or shall
refuse the permit, indicating in writing the reason for refusal.
C.
If refused a permit by the Zoning Officer, the applicant may appeal
to the Zoning Hearing Board for further consideration.
D.
After the zoning permit has been received by the applicant, he may
undertake the action permitted by the zoning permit.
E.
Upon completion of such action, the applicant may apply to the Township
Zoning/Code Enforcement Officer for an occupancy permit (where such
a permit is required).
F.
If the Zoning Officer finds that the action of the applicant is in
accordance with the zoning permit and any other required permits,
he shall issue an occupancy permit allowing the premises to be occupied.
A.
Zoning permit.
(1)
No person shall erect, alter, convert, move or add to any building,
structure or sign or alter the use of any land or structure until
the Zoning Officer issues a zoning permit to the person/applicant
for said change or construction. No zoning permit is required for
normal maintenance and repairs, except as may be required in the instance
of maintenance and repairs that result in replacement of wireless
communication facilities, antennas, equipment and towers.
[Amended 8-19-2013 by Ord. No. 2013-05]
(2)
A zoning permit for a permitted use may be issued by the Zoning
Officer. A zoning permit for a use requiring a special exception or
variance shall be issued by the. Zoning Officer only upon the written
order and consent of the Zoning Hearing Board after all hearing procedures.
An application for a special exception or variance, or for interpretation
of any part or provision of this chapter, shall be made to the Zoning
Hearing Board on forms which may be obtained from the Township Secretary.
Any use permitted by right or by special exception that is subject
to any conditional uses requires the filing of a separate application
to the Board of Supervisors regarding those applicable provisions
of this chapter which may apply to the use.
(3)
All applications shall be made in writing and shall be accompanied
by four sets of plans indicating or illustrating the following information,
if applicable:
(a)
Actual dimensions and shape of the lot to be built upon, prepared
by a licensed surveyor or engineer.
(b)
The exact size and location on the lot of buildings, structures
or signs existing and/or proposed extensions thereto, prepared by
a licensed surveyor or engineer.
(c)
The number of dwelling units, if applicable.
(d)
Parking spaces provided and/or loading facilities.
(e)
Statement indicating the existing or proposed use.
(f)
Height of structure, building or sign.
(g)
All other information necessary for such Zoning Officer to determine
conformance with and provide for enforcement of this chapter.
(h)
Sign information.
[1]
A detailed scaled drawing of the signs, showing intended location
and stating how they shall be affixed.
[2]
A statement indicating the type of construction and the manner
of installation for signs, together with the materials to be used.
[3]
A written agreement that the applicant is the owner of the premises
on which the sign will be erected or that the applicant has obtained
the consent of the owner or lessee of such premises to erect such
sign.
[4]
A written agreement that the sign shall be erected according
to the accompanying plans and specifications.
(4)
One copy of the plans shall be returned to the applicant by
the Zoning Officer after he shall have marked such copies either as
"approval" or "disapproval" and attested to the same by his signature
on such copy. One copy of such plans shall be retained by the Zoning
Officer for his permanent records, and two copies shall be retained
by the Board of Supervisors.
(5)
Approval or denial of the requested zoning permit shall be made
not later than 30 days from the date of application. In denying a
zoning application, the Zoning/Code Enforcement Officer shall inform
the applicant of the reasons for denial and specify the provision(s)
of this chapter which have not been satisfied. Applicants shall be
informed of their rights of appeal.
(6)
Zoning permits shall expire within six months from date of issuance,
if the work described in any permit has not begun. If work described
in any zoning permit has begun, said permit shall expire after one
year, exclusive of any time required for administration and permitting,
from date of issuance thereof, within which time said work shall be
completed.
B.
Certificate of use and occupancy.
(1)
A certificate of use and occupancy shall be required upon the
completion of the work authorized. It shall be unlawful to use and/or
occupy any structure, building and/or portions thereof in any manner
until a certificate of use and occupancy has been issued by the Zoning
Officer.
(2)
The application for certificate of use and occupancy shall be
submitted on such form as the Zoning Officer may prescribe.
(3)
The Zoning Officer shall inspect any structure, building, sign,
and/or land or portions thereof and shall determine the conformity
therewith. If satisfied that the completed work is in conformity with
this chapter and with the work listed in the zoning permit, a certificate
of use and occupancy shall be issued.
(4)
A certificate of use and occupancy shall be granted or refused,
in writing, within 10 days from the date of application.
(5)
In zones in which performance standards are imposed, no certificate
of occupancy shall become permanent until 30 days after the facility
is fully operating and only after, upon reinspection by the Zoning
Officer, it is determined that the facility is in compliance with
the zoning performance standards. After said reinspection, the Zoning
Officer shall notify the applicant that the facility is in full compliance
with all performance standards and that the certificate of use and
occupancy is permanent or that the facility does not comply and that
the certificate of use and occupancy is still temporary. In no case
shall a temporary certificate of use and occupancy extend 90 days
past the date of reinspection.
C.
Certificate of nonconforming use or structure.
(1)
The owner of the premises occupied by a lawful nonconforming
use or structure may secure a certificate of nonconforming use or
structure from the Zoning/Code Enforcement Officer.
(2)
Such certificate shall be authorized by the Zoning Officer and
shall certify to the owner his right to continue such nonconforming
use or structure.
A.
Appointment.
B.
Duties and powers. It shall be the duty of the Zoning Officer to
enforce literally the provisions of this chapter, as amended, and
shall have such duties and powers as are conferred by this chapter
and as are reasonably implied for that purpose. The Zoning Officer's
duties shall include but are not limited to the following:
(1)
Receive applications for and issue zoning permits and sign permits
as permitted by the terms of this chapter.
(2)
Keep an official record of all business and activities, including
written complaints of a violation of any of the provisions of this
chapter and of the action taken consequent to each such complaint.
All such records shall be open to public inspection. File copies of
all applications received, permits issued, and reports and inspections
made in connection with any structure, building, sign and/or land
shall be retained as long as the structures, etc., remain in existence.
(3)
Make inspections as required to fulfill his duties. He shall
have the right to enter any building or structure or enter upon any
land at any reasonable hour in the course of his duties.
(4)
Issue permits for special exception uses, conditional uses and
for variances only after such uses and/or buildings have been approved
by the Zoning Hearing Board or governing body in accordance with the
regulations of this chapter.
(5)
Issue certificates of use and occupancy in accordance with the
terms of this chapter.
(6)
Perform such other duties as may be required for the administration
of this chapter.
C.
Notice of violations. The Zoning Officer shall serve a notice of
violation on any person, firm, corporation, or partnership responsible
for violating any of the provisions of this chapter, or in violation
of a detailed statement or a plan approved thereunder. Notice of violation
shall be in writing, indicating the nature of the violation and action
necessary to correct same. If the notice of violation is not complied
with, the Zoning Officer is hereby authorized to file a complaint
with the District Justice located closest to the site of the alleged
violation.
A.
Creation and membership.
(1)
The Township Supervisors hereby create a Zoning Hearing Board,
herein referred to as the "Board," consisting of residents of the
Township, appointed by the Township Supervisors pursuant to the Pennsylvania
Municipalities Planning Code, as amended, who shall be appointed and
serve and shall perform all the duties and have all the powers as
prescribed by said Municipalities Planning Code and this chapter.
(2)
The Township Supervisors may appoint alternate members of the
Board pursuant to the provisions of the Municipalities Planning Code,
as amended. The alternate members may serve as provided in said Code.
B.
Organization.
(1)
The 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 Board. The 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 Board as provided in § 200-147. The Board may make, alter, and rescind rules and forms for its procedures, consistent with the chapters of the Township and laws of the state. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine.
(2)
All meetings of the Board shall be open to the public. The Board
shall keep full public records of its business which records shall
be the property of the Township.
(3)
All transcripts, exhibits, briefs, and proceedings shall be
submitted to the Township at the conclusion of the decision and order,
at which time a member of the ZHB shall appear before the Board of
Supervisors to provide a report of the Board's activities.
C.
Expenditures and compensation. Within the limits of funds appropriated
by the Board of Supervisors, the Board may employ or contract for
secretaries, clerks, legal counsel, consultants and other technical
and clerical services. Members of the Zoning Hearing Board may receive
compensation for the performance of their duties, as may be fixed
by the Board of Supervisors, but in no case shall it exceed the rate
of compensation authorized to be paid to the members of the Board
of Supervisors.
D.
Procedures for application. The Board shall act in strict accordance
with the procedures specified by the Pennsylvania Municipalities Planning
Code, as amended, and as it may be amended, and by this chapter. All
appeals and applications made to the Board shall be in writing, on
forms prescribed by the Board. Every appeal or application shall refer
to the specific provision of the ordinance involved and shall exactly
set forth the interpretation that is claimed, the grounds for any
challenges to validity of the ordinance, the use for which a special
permit is sought, or the details of the variance that is applied for
and the grounds on which it is claimed that the variance should be
granted, as the case may be. In all matters appellant shall be accompanied
by plans with a level of detail that would be required for the preliminary
plan approval process. In all cases, the Zoning Hearing Board shall
request the Board of Supervisors and Planning Commission to review
and comment on the application prior to rendering a decision.
The Zoning Hearing Board shall have the functions authorized
in the Pennsylvania Municipalities Planning Code, as amended. The
jurisdiction of the Zoning Hearing Board and the Township Supervisors,
and the procedures to be followed by each, shall be as established
in said Code.
A.
Variances. The Board shall hear requests for variances where it is
alleged that the provisions of this chapter inflict unnecessary hardship
upon the applicant.
(1)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this chapter and the Pennsylvania Municipalities Planning
Code, as amended.
(2)
The Board may, by rule, prescribe the form of application and
may require preliminary application to the Zoning Officer.
(3)
In all cases, the Zoning Hearing Board shall request the Board
of Supervisors and Planning Commission to review and comment on the
application prior to rendering a decision.
(4)
The Board may grant a variance, provided that all the following
findings are made where relevant in a given case, provided that the
ZHB written decision addresses the following findings as are relevant
in a given case:
(a)
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 condition and not circumstances or conditions generally created
by the provisions of this chapter in the neighborhood or district
in which the property is located, and that the hardship is due to
the fact that the development can not be located on another part of
the property.
(b)
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.
(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, nor be detrimental to the public
welfare.
(e)
That the variance as granted by the Board is the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
(5)
The Zoning. Hearing Board shall document findings of fact and conclusions of law pertaining to § 200-147A(4)(a) through (e).
(6)
The approval of a variance, if authorized by the Board, which
anticipates construction or modification of a structure or creation
of new or revised lot lines or dimensional standards for a property
or structure situated thereon shall be valid and remain in effect
for a term of one year from the date of said approval and shall thereafter
expire and be void, unless said construction, modification, new or
revised lot lines or dimensional standards or change of use or occupancy
be initiated within said one-year term or said term is expressly extended
as part of the initial approval. In the event that the activity anticipated
by the variance should not be initiated within one year of the approval
or such additional term as may be expressed in the approval, or should
the activity which is the subject of the variance be discontinued,
the premises or structure or structures situated thereon shall not
thereafter be used except in conformity with the regulations of the
district in which it is located.
B.
Special exceptions. The Board shall hear and decide, upon application,
only such special exceptions which the Board by the provisions of
this chapter is specifically authorized to issue.
(1)
In all cases, the Zoning Hearing Board shall obtain and consider
as evidence comments submitted by the Board of Supervisors and the
Planning Commission prior to rendering a decision. The granting of
a special exception when specifically authorized by the terms of this
chapter shall be subject to compliance with the conditions and safeguards
required by this chapter in the District in question, and the supplemental
regulations, and as evidenced by the applicants plans that are submitted
with the application with the same level of detail as what would be
required for the preliminary plan approval process to address the
following standards and criteria. The ZHB in its written decision
shall document and present findings of fact and conclusions of law
indicating that the applicant for a special exception has demonstrated,
as a condition to approval of his application, compliance with these
criteria and those criteria specified elsewhere in this chapter for
the use in question.
(a)
Such use shall be one which is specifically authorized as a
special exception use in the zoning district wherein the applicant
seeks a special exception.
(b)
Such special exception shall only be granted subject to any
applicable condition and safeguards as required by this chapter.
(c)
Such use shall be of a development scale or intensity if use
that would not adversely affect the character of the general neighborhood
or be incompatible with adjacent properties in the general neighborhood.
(d)
Such use shall not adversely affect the conservation of property
values.
(e)
Such use shall not adversely affect the health and safety of
residents or workers.
(f)
Such use shall not adversely impact the general neighborhood
relative to problems such as air pollution, light pollution, noise,
soil erosion, sedimentation, stormwater and flooding.
(g)
Such use shall be of such size and so located and laid out in
relation to its access streets that vehicular and pedestrian traffic
to and from such use will not create congestion or hazards prejudicial
to the general neighborhood, and shall be serviceable by emergency
service providers.
(h)
Such use shall not increase the vehicular traffic more than
10% on the access streets.
(i)
Such use shall not degrade the street system to a Level of Service
(LOS) worse than LOS — "C."
(j)
Such use shall be compatible with the building sizes, heights,
and massing of other buildings in the general neighborhood.
(k)
Such use will include proposals for landscaping and buffering
to mitigate any adverse impacts.
(l)
Services and utilities (water and sewer) shall be made available
to adequately service the proposed use by the applicant, and-the applicant
shall provide "will serve" letters for the proposed water and sewer
systems from the Municipal Authority, or suitability letters from
certified professionals for on-site sewer and water.
(m)
Such use will include a back-up replacement area for on-lot
sewage disposal systems.
(n)
Such use shall not result in the extreme removal of natural
site conditions.
(o)
The granting of the special exception shall be consistent with
the Southern Berks Regional Comprehensive Plan.
(p)
In granting the special exception, the Zoning Hearing Board
shall make a finding of fact that the use is no greater in impact
than the impact that would normally result from other similar uses.
(2)
The approval of a special exception, if authorized by the Board,
which anticipates construction or modification of a structure or creation
of new or revised lot lines or dimensional standards for a property
or structure situated thereon shall be valid and remain in effect
for a term of one year from the date of said approval and shall thereafter
expire and be void, unless said construction, modification, new or
revised lot lines or dimensional standards or change of use or occupancy
be initiated within said one-year term or said term is expressly extended
as part of the initial approval. In the event that the activity anticipated
by the special exception should not be initiated within one year of
the approval or such additional term as may be expressed in the approval,
or should the activity which is the subject of the special exception
be discontinued, the premises or structure or structures situated
thereon shall not thereafter be used except in conformity with the
regulations of the district in which it is located.
(3)
In granting a special exception, the Board 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 and the Pennsylvania Municipalities Planning Code, as amended.
(4)
When application for a special exception has been filed with
the Zoning Hearing Board and the subject matter of such application
would ultimately constitute either a land development or a subdivision,
no change or amendment of the zoning, subdivision or other governing
ordinance or plans shall affect the decision on such application adversely
to the applicant, and the applicant shall be entitled to a decision
in accordance with the provisions of the governing ordinances or plans
as they stood at the time the application was duly filed; provided,
further, that should such an application be approved-by the Zoning
Hearing Board, the applicant shall be entitled to proceed with the
submission of either land development or subdivision plans within
a period of six months or longer as may be approved by the Zoning
Hearing Board following the date of such approval in accordance with
the provisions of the governing ordinances or plans as they stood
at the time the application was duly filed with the Zoning Hearing
Board. If either a land development or subdivision plan is so filed
within said period, such plan shall be subject to the provisions of § 508
of the Municipalities Planning Code, and the time limitations thereof
shall commence as of the date of filing of such land development or
subdivision plan.
A.
Public notice as defined by law and written notice shall be given
to the public, the applicant, adjoining property owners of the applicant
property, the Zoning Officer, such other persons as the Township Supervisors
shall designate by ordinance and to any person who has made timely
request for the same. Written notices shall be given at such time
and in such manner as shall be prescribed by ordinance or, in the
absence of ordinance provision, by rules of the Board. In addition
to the written notice provided herein, notice of said hearing shall
be conspicuously posted on the affected tract of land at least one
week prior to the hearing and should remain during the tenure of the
hearing.
B.
The Township Supervisors may prescribe reasonable fees consistent
with the Pennsylvania Municipalities Planning Code (Act 247), as amended.
C.
The hearing shall be commenced within 60 days from the date of the
receipt of applicant's application, unless the applicant has agreed
in writing to an extension of time. Each subsequent hearing shall
be held within 45 days of the prior hearing, unless otherwise agreed
to by the applicant in writing or on the record. An applicant shall
complete the presentation of his case-in-chief within 100 days of
the first hearing. Upon the request of the applicant, the Board shall
assure that the applicant receives at least seven hours of hearings
within the 100 days, including the first hearing. Persons opposed
to the application shall complete the presentation of their opposition
to the application within 100 days of the first hearing held after
the completion of the applicant's case-in-chief. An applicant may,
upon request, be granted additional hearings to complete his case-in-chief,
provided the persons opposed to the application are granted an equal
number of additional hearings. Persons opposed to the application
may, upon the written consent or consent on the record by the applicant
and municipality, be granted additional hearings to complete their
opposition to the application, provided the applicant is granted an
equal number of additional hearings for rebuttal.
D.
The hearings shall be conducted by the Board, or the 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 Board; however the
appellant or the applicant, as the case may be, in addition to the
Township, may, prior to the decision of the hearing, waive decision
or findings by the Board and accept the decision or findings of the
hearing officer as final.
E.
In all cases, the parties to the hearing shall be the Township, any
person affected by the application who has made timely appearance
of record before the Board, and any other person, including civic
or community organizations, permitted to appear by the Board. The
Board shall have power to require that all persons who wish to be
considered parties enter appearances in writing on forms provided
by the Board for that purpose.
F.
The Chairman or Acting Chairman of the Board or the hearing officer
presiding shall have the 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.
G.
The parties shall have the right to be represented by counsel. All
such representation shall be confirmed on the record, and all statements
presented on behalf of said party shall be binding for the purposes
of administration and enforcement. All parties shall be afforded the
opportunity to respond and present evidence and argument and cross-examine
adverse witnesses on all relevant issues.
H.
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
I.
The Board or the hearing officer, as the case may be, shall keep
a stenographic record of the proceedings. The appearance fee for a
stenographer shall be shared equally by the applicant and the Board.
The cost of the original transcript shall be paid by the Board if
the transcript is ordered by the Board or hearing officer or shall
be paid by the person appealing from the decision of the Board if
such appeal is made, and in either event the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases, the party requesting the original transcript shall bear the
cost thereof.
J.
The Board or the hearing officer shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate; shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from his/her/its
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed; and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representatives
unless all parties are given an opportunity to be present.
K.
The 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 Board or hearing officer. Each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore. Conclusions based on any provisions of this chapter or 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 the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to the final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Where the Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in § 200-148A of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in the subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
L.
A copy of the final decision 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
Board not later than the last day of the hearing, the 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.
A.
Initiation of amendments. Proposals for amendment, supplement, change,
rezoning, modification or repeal may be initiated by the Board of
Supervisors on its own motion, by the Township Planning Commission
or by request of owners of property, subject to the following provisions:
(1)
Proposals initiated by the Board of Supervisors. The Board of
Supervisors shall refer to every proposed amendment, supplement, change,
modification, rezoning or repeal originated by it to the Township
Planning Commission at least 30 days prior to the hearing on said
proposal. The Planning Commission shall submit to the Board of Supervisors
a report containing the Commission's recommendations, including any
additional or modifications to the original proposal.
(2)
Proposal originated by the Township Planning Commission. The
Township Planning Commission may at any time transmit to the Board
of Supervisors any proposal for the amendment, supplement, change,
rezoning, modification, or repeal of this chapter.
(3)
Proposals initiated by others. In the case of amendment, supplement,
change, modification, or rezoning proposed by other than the Board
of Supervisors or Township Planning Commission, such proposal shall,
be submitted to the Supervisors, together with any application forms
or fees as may be required by the Supervisors. Such proposal shall
be referred to the Township Planning Commission for review and recommendation
at least 30 days prior to the hearing on the proposal.
B.
Referral to County Planning Agency. At least 30 days prior to the
hearing on the proposed ordinance amendment, rezoning, modification,
change, or supplement, the Board of Supervisors shall submit the proposal
to the County Planning Agency for its recommendations.
C.
Hearings.
(1)
Before voting on the enactment of an amendment, the Board of
Supervisors shall hold a public hearing thereon pursuant to public
notice. No such amendment shall become effective until such hearing,
at which parties in interest and citizens shall have an opportunity
to be heard.
(2)
If, after any public hearing held on an amendment, the proposed
amendment is substantially revised, or further revised, the Board
of Supervisors shall hold another public hearing, pursuant to public
notice, before proceeding to vote on the amendment.
(3)
Public notice, as defined in the Pennsylvania Municipalities
Planning Code, Act 247, as amended, shall be given of the time, place,
and the general nature of such hearing and shall be published in a
newspaper of general circulation in the Township. Public notices of
proposed zoning ordinances and amendments shall include either the
full text thereof or a brief summary setting forth the principal provisions
in reasonable detail, and a reference to a place where copies of the
proposed ordinance or amendment may be examined.
D.
Post enactment procedures.
(1)
After enactment, if the advertisement of a zoning ordinance
amendment is required by other laws respecting the advertisement of
ordinances, such advertisement may consist solely of a reference to
the place or places within the Township where copies of the amendment
are available for examination without charge or may be obtained for
a charge not greater than the cost thereof.
(2)
Amendments may be incorporated into official ordinance books
by reference with the same force and effect as if duly reported therein.
(3)
Within 30 days of enactment, the Township shall forward an endorsed
copy of the amendment to the Berks County Planning Commission.
A.
Procedure for landowner curative amendments.
(1)
A landowner who desires to challenge on substantive grounds
the validity of this chapter 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 §§ 609.1, 908, and 916.1 of the Municipalities Planning
Code (Act 247, as amended).
(2)
The Board of Supervisors shall commence a hearing thereon within
60 days of the request unless the landowner requests or consents to
an extension of time.
(3)
The curative amendment shall be referred to the Township Planning
Commission and County Planning Commission at least 30 days prior to
the hearing to provide both agencies with an opportunity to submit
recommendations.
(4)
The hearing shall be conducted in accordance with procedures
established in § 609.1 of Act 247, as amended.
(5)
Within 30 days of enactment of a curative amendment, the Township
shall forward an endorsed copy of the ordinance/amendment to the Berks
County Planning Commission.
B.
Procedure for municipal curative amendments.
(1)
Pursuant to § 609.2 of Act 247, as amended, the Township,
by formal action, may declare this chapter or portions thereof substantively
invalid and propose the preparation of a curative amendment to overcome
such invalidity. Within 30 days the Board of Supervisors shall:
(a)
By resolution, make specific findings setting forth the declared
invalidity in this chapter. This may include references to specific
uses which are either not permitted or not permitted in sufficient
quantity; reference to a class of uses which require revision; or
reference to the entire chapter which requires revision.
(b)
Begin to prepare and consider a curative amendment to correct
the declared invalidity.
(2)
Within 180 days from the date of the declaration and proposal,
the Township shall enact a curative amendment to this chapter or reaffirm
the validity of this chapter. The established procedures required,
by Section 609 of Act 247, as amended, shall govern the process of
enactment of the curative amendment.
(3)
Following the date of enactment of a curative amendment, or
reaffirmation of this chapter, the Township may not again utilize
the curative amendment procedure for a thirty-six-month period.
(4)
If, after the date of declaration and proposal, there is a substantially
new duty or obligation imposed on the Township by statute or Pennsylvania
Appellate Court decision, the Township may utilize the provisions
of this section to prepare a curative amendment to this chapter to
fulfill said duty or obligation.
(5)
Within 30 days of enactment, the Township shall forward an endorsed
copy of the chapter/amendment to the Berks County Planning Commission.
A.
Four copies of an application for permission to conduct a use permitted
by condition shall be submitted to the Township Secretary. Such application
shall include: (1) all information specified for a zoning permit application;
(2) any other information necessary to allow the Township Board of
Supervisors to determine that all requirements of this chapter have
been met; and (3) four copies of detailed plans with information with
the level of detail required under the preliminary plan requirements.
The applicant shall be responsible for all pertinent costs incurred
for the review of the application.
B.
After receiving an application, the Board of Supervisors shall refer
one copy of the application to the Township Planning Commission for
its review and one copy to the Township Zoning Officer for his review.
C.
The application shall be reviewed at one or more advertised meetings
of the Township Board of Supervisors.
D.
Conditional uses shall meet the specific standard established for
each use by this chapter and all other applicable zoning district
requirements and general regulations established by this chapter.
In addition, the following standards shall be met:
(1)
The use shall be one which is specifically authorized as a conditional
use in the zoning district wherein the applicant is seeking a conditional
use.
(2)
The use conforms to the spirit, purposes and intent of all other
applicable provisions of all other Township ordinances.
(3)
The use conforms to all pertinent state and federal laws, regulations
and requirements.
(4)
The use is appropriate to the site in question.
(5)
Such use shall be of a development scale or intensity of use
that would not adversely affect the character of the general neighborhood
or be incompatible with adjacent properties in the general neighborhood.
(6)
Such use shall not adversely affect the conservation of property
values.
(7)
Such use shall not adversely affect the health and safety of
residents or workers.
(8)
Such use shall not adversely impact the general neighborhood
relative to problems such as air pollution, light pollution, noise,
soil erosion, and flooding.
(9)
Such use shall be of such size and so located and laid out in
relation to its access streets that vehicular and pedestrian traffic
to and from such use will not create congestion or hazards prejudicial
to the general neighborhood.
(10)
Such use shall not increase the vehicular traffic more than
10% on the access streets.
(11)
Such use shall not degrade the street system to a Level of Service
(LOS) worse than LOS — "C."
(12)
Such use shall be compatible with the building sizes, heights,
and massing of other buildings in the general neighborhood.
(13)
Such use will include proposals for landscaping and buffering
to mitigate any adverse impacts.
(14)
Services and utilities (water and sewer) shall be available
to adequately service the proposed use by the applicant, and the applicant
shall provide "will serve" letters for the proposed water and sewer
systems from the Municipal Authority, or suitability letters from
certified professionals for on-site sewer and water.
(15)
Such use will include a back-up replacement area for on-lot
sewage disposal systems.
(16)
Such use shall not result in the extreme removal of natural
site conditions.
(17)
The granting of the conditional use shall be consistent with
the Southern Berks Regional Comprehensive Plan.
(18)
In granting the conditional use, the Board of Supervisors shall
make a finding of fact that the use is no greater in impact than the
impact that would normally result from other similar uses.
E.
A public hearing by the Board of Supervisors shall be commenced within
60 days from the date of the receipt of applicant's application, unless
the applicant has agreed in writing to an extension of time. Each
subsequent hearing shall be held within 45 days of the prior hearing,
unless otherwise agreed to by the applicant in writing or on the record.
An applicant shall complete the presentation of his case-in-chief
within 100 days of the first hearing. Upon the request of the applicant,
the Board shall assure that the applicant receives at least seven
hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing held after the completion of the applicant's case-in-chief.
An applicant may, upon request, be granted additional hearings to
complete his case-in-chief, provided the persons opposed to the application
are granted an equal number of additional hearings. Persons opposed
to the application may, upon the written consent or consent on the
record by the applicant and municipality, be granted additional hearings
to complete their opposition to the application, provided the applicant
is granted an equal number of additional hearings for rebuttal.
F.
The Township Supervisors may attach such additional reasonable conditions
and safeguards as it deems necessary to implement the purpose of this
chapter and the Pennsylvania Municipalities Planning Code, as amended.
G.
The granting of permission to conduct a use permitted by condition does not exempt an applicant from acquiring all approvals required by Chapter 172, Subdivision and Land Development.
H.
The approval of a conditional use, if authorized by the Board, which
anticipates construction or modification of a structure or creation
of new or revised lot lines or dimensional standards for a property
or structure situated thereon shall be valid and remain in effect
for a term of one year from the date of said approval and shall thereafter
expire and be void, unless said construction, modification, new or
revised lot lines or dimensional standards or change of use or occupancy
be initiated within said one-year term or said term is expressly extended
as part of the initial approval. In the event that the activity anticipated
by the conditional use should not be initiated within one year of
the approval or such additional term as may be expressed in the approval,
or should the activity which is the subject of the conditional use
be discontinued, the premises or structure or structures situated
thereon shall not thereafter be used except in conformity with the
regulations of the district in which it is located.
I.
When application for a conditional use has been filed with the Board
of Supervisors and the subject matter of such application would ultimately
constitute either a land development or a subdivision, no change or
amendment of the zoning, subdivision or other governing ordinance
or plans shall affect the decision on such application adversely to
the applicant, and the applicant shall be entitled to a decision in
accordance with the provisions of the governing ordinances or plans
as they stood at the time the application was duly filed; provided,
further, that should such an application be approved by the Board
of Supervisors, the applicant shall be entitled to proceed with the
submission of either land development or subdivision plans within
a period of six months or longer as may be approved by the Board of
Supervisors following the date of such approval in accordance with
the provisions of the governing ordinances or plans as they stood
at the time the application was duly filed with the Board of Supervisors.
If either a land development or subdivision plan is so filed within
said period, such plan shall be subject to the provisions of § 508
of the Municipalities Planning Code and the time limitations thereof
shall commence as of the date of filing of such land development or
subdivision plan.
All appeals for securing review of this chapter or any decision,
determination, or order of the Board of Supervisors, its agencies
or officers issued pursuant to this chapter shall be in accordance
with all applicable sections of the Municipalities Planning Code,
Act 247, as amended. Questions of an alleged defect in the process
of enactment or adoption of this chapter shall be raised by an appeal
taken directly from the action of the Board of Supervisors to the
court, filed not later than 30 days from the effective date of the
chapter or map.
A.
The governing body shall establish a schedule of fees, charges and
expenses and collection procedures for zoning permits, certificates
of occupancy, conditional uses, special exceptions, variances and
appeals and other matters pertaining to this chapter.
B.
The schedule of fees shall be available for inspection in the office
of the Zoning Officer and may be altered or amended by the governing
body.
C.
Until all application fees, charges and expenses have been paid in
full, no action shall be taken on any application or appeal.
A.
Remedies. In case any buildings or structures are erected, constructed,
reconstructed, altered, repaired, converted, or maintained, or any
building, structure or land is used, in violation of this chapter,
the governing body or, with its approval, the Code Enforcement Officer,
in addition to other remedies, may institute in the name of the municipality
any appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance,
or use to restrain, correct, or abate such violation, to prevent the
occupancy of said building, structure or land, or to prevent any illegal
act, conduct of business or use in or about such premises. The rights
and remedies, provided in this chapter are cumulative and are in addition
to all other remedies provided by law.
B.
Penalties. 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 will be subject to the violations and penalties provisions of this Code found in Chapter 1, Article III "General Penalty."