[Ord. 75-1, 1/6/1975]
It shall be the duty of the Zoning Officer, or other such duly
authorized representative of the Board of Supervisors, and he is hereby
given the power and authority to enforce the provisions of this section
and he shall examine all applications for permits; issue permits for
construction and uses which are in accordance with the requirements
of this section, and record and file all such reports as the local
Board of Supervisors may require. Permits for construction and uses
which are a special exception or a variance to requirements of this
section shall be issued only upon written order of the Zoning Hearing
Board.
[Ord. 75-1, 1/6/1975; as amended by Ord. 76-1, 7/19/1976;
by Ord. 1991-1, 3/15/1991; by Ord. 1991-2, 10/2/1991; by Ord. 3.2.04,
3/2/2004, § 3D; by Ord. 2.1.05 #2, 2/1/2005; by Ord. 8.5.2008,
8/5/2008; and by Ord. 10.13.2015, 10/13/2015, § 1]
1.
Permits Required. A zoning permit shall be required: prior to the
erection, addition, or alteration of any structure, building or portion
thereof; prior to the placement of any mobile/manufactured home upon
any lot or site within the Township including, but not limited to,
lots in mobile/manufactured home parks and regardless as to whether
or not the placement of the mobile/manufactured home is the original
placement of a mobile/manufactured home at that site or is a replacement
mobile/manufactured home; prior to the use, or change in use of a
structure, building or land; for the erection and/or change or extension
of a nonconforming use; prior to the construction or alterations of
any driveway, highway access or curb cut; prior to development in
any Floodplain District. It shall be unlawful for any person to do
any act, or commence any work or other activity for which a zoning
permit is required, before a zoning permit has been duly issued therefore.
2.
Application for Permits. All applications for highway access, driveway
or curb cuts and zoning permits shall be accompanied by plans in duplicate,
drawn to scale, showing the actual shape and dimensions of construction
of the lot to be built upon, the exact size and location of any buildings
existing on the lot, the lines within which the proposed building
or structure shall be erected or altered, the existing and intended
use of each building or part of a building, the number of families
or dwelling units the building is designed to accommodate, and such
information as may be necessary to determine compliance with this
chapter and all other pertinent ordinances. One copy of such plans
shall be returned to the owner when such plans shall be approved by
the Township Engineer. All applications with accompanying plans and
documents shall become a public record after a permit is issued or
denied.
3.
Issuance and Duration and Display of Permits. No building, zoning
or use permit shall be issued until the Zoning Officer has certified
that the proposed building, addition, use or alteration, complies
with all the provisions of this chapter, as well as with all of the
provisions of an existing or hereafter enacted building permit code
and building codes. A permit issued hereunder shall become void unless
the commencement of the work or the use contemplated is substantially
undertaken within six months after the issuance date. Any new construction
or additions to structures requiring a permit hereunder must be completed
within 12 months, from the date of issuance, unless a longer time
period for completion is contained expressly within a conditional
use approval decision or a special exception approval decision. In
the event any such construction or addition to structures are not
completed within the applicable time limit, a time extension may be
granted by the Zoning Officer if a written request is submitted by
the applicant prior to expiration of the original permit. Such request
shall set forth sufficient and reasonable cause for needing an extension.
When granted, extensions may not exceed 12 months from the expiration
of the original permit. An additional fee may be assessed for any
such extension. Any further extension shall require the issuance of
a new permit. A new permit must be applied for, the issuance of which
shall be determined under this chapter and other applicable laws and
regulations then in effect. Prior to the commencement of any activity
for which a permit is required a placard provided by the Zoning Officer,
verifying the issuance of such permit, shall be placed upon the premises
by the permit holder, at a location where the placard is easily visible
from the public street fronting the property or the nearest public
street thereto and such placard shall remain so erected for a period
of up to one month after the Zoning Officer has been notified that
the permitted work has been completed or the change in use accomplished,
and may be removed at the end of such month or such earlier date as
the Zoning Officer issues a certificate of occupancy. Failure to apply
for a certificate of occupancy within 30 days of condition of the
permitted work or effecting the change of use shall automatically
void any permit, variance, conditional use, special exception or other
authorization granted under the Zoning Code.
4.
Certificate of Use (Occupancy) Permit. At the completion of construction
and a finding by the Zoning Officer that all requirements of this
chapter have been met, a certificate of use permit shall be issued
for the use approved as a precedent to issuing the building/zoning
permit.
5.
Temporary Permits. A temporary permit may be authorized by the Zoning
Hearing Board for a nonconforming structure or use which it deems
beneficial to the public health or general welfare, or which it deems
necessary to promote the proper development of the community, provided
that such nonconforming structure or use shall be completely removed
upon expiration of the permit without cost to the Township. Such permits
shall be issued for a specified period of time not to exceed one year,
and may be renewed annually for an aggregate period not exceeding
three years.
Any temporary period of use shall be considered as a consecutive
period of the use, unless the use is terminated for a period of at
least 18 consecutive months.
6.
Fees. A fee in an amount as established from time to time by resolution
of the Board of Supervisors, payable in advance, shall be made for
each driveway, highway access or curb cut application which fee shall
include the filing costs and the preconstruction and post-construction
inspections. Each request for an additional inspection shall be accompanied
by the payment of an additional fee in an amount as established from
time to time by resolution of the Board of Supervisors.
7.
The fee for a timber harvesting zoning permit shall be in the amount
as established from time to time by resolution of the Board of Supervisors.
8.
Exemptions. Unless required by the floodplain regulations, under
this chapter, a zoning permit shall not be required for the following
activities, however, any such activity must comply with all the restrictions
and limitations applicable to the zoning district wherein it is located
or otherwise applicable under this chapter to such activity including,
but not limited to, setback, minimum yard, height and area requirements:
A.
Any accessory structure, less than 100 square feet and less than
12 feet in height, provided that it qualifies as an accessory structure
under the provisions applicable to the district wherein it is located
and is ordinarily incidental to the permitted use and provided that
it does not have a permanent foundation or is not permanently affixed
to the ground.
B.
Interior alterations when there is no increase in ground floor exterior
dimension and no change in use.
C.
General maintenance and repair to existing buildings or structures;
including siding, roofing, painting, the addition of storm windows,
and similar activities.
D.
Crop farming and/or animal husbandry.
E.
Landscaping, clearing woodlands for farming or clearing building
sites, except that a timber-harvesting permit shall be required if
the quantities of timber or wood products which are removed from the
property require such a permit, or building ponds.
F.
Construction or erection of residential fences, terraces, walks,
steps or other similar features that do not affect the tax assessment
value of the property.
G.
Placement or location of transmission, distribution and/or collection
lines for utilities.
H.
Razing of buildings.
I.
Above-ground swimming pools.
J.
Any activity essentially similar to the foregoing enumerated exemptions,
which does not affect the tax assessment valuation of the property.
K.
Permits for the placement or replacement of a mobile/manufactured
home in a lawfully existing mobile/manufactured home park, which is
serviced by a public water supply under a permit issued by the Pennsylvania
Department of Environmental Protection (DEP), provided that such mobile/manufactured
home park owner or operator files with the Township Zoning Officer
copies of all notices or reports filed with DEP and with Lycoming
County concurring with said filings.
[Ord. 75-1, 1/6/1975]
1.
An appeal, or application, for a special exception or variance from
the terms of this chapter may be filed with the Zoning Officer, and
shall state:
A.
The name and address of the applicant.
B.
The name and address of the owner of the real estate to be affected
by the proposed exception, or variance.
C.
A brief description and location of the real estate to be affected
by such proposed change.
D.
A statement of the present zoning classification of the real estate
in question, the improvements thereon, and the present use thereof.
E.
A statement of the section of this chapter under which the variance,
or exception requested, may be allowed, and the reasons why it should
be granted.
F.
A reasonably accurate description of the present improvements, and the additions intended to be made under this application, indicating the size of such proposed improvements, material, and general construction thereof. In addition, there shall be attached a plot plan of the real estate to be affected, as provided in § 27-802, Subsection 2, indicating the location and size of the lot, and size of improvements now erected, and proposed to be erected thereon.
G.
Action on special exceptions and variances shall be as set forth
in Article IX of the Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended.
[Ord. 75-1, 1/6/1975; as added by Ord. 12.08.15.03, 12/8/2015,
§ 2]
1.
Temporary uses such as carnivals, circuses, or other outdoor cultural,
religious, amusement or sporting events may be permitted in any zoning
district in the Township. A temporary zoning permit shall, however,
be required to be issued by the Zoning Officer for such an activity.
Such temporary permit shall be valid for not more than 14 days and
shall be issued only after the applicant has met the following requirements.
(For the purpose of this chapter, flea markets, auction sales, and
similar activities not exceeding eight hours per day in duration,
and family reunions/picnics, shall be exempt from the requirement
of this section.)
A.
If the temporary use is to take place on land not owned by the applicant,
the applicant shall present a written statement from the owner of
the property in which he agrees to the temporary use of his property.
B.
The applicant shall provide sufficient insurance coverage to adequately
protect the Township against any damage, accident or other claim resulting
from the event. Evidence of such insurance shall be submitted as a
part of the permit application. Sufficiency of insurance shall be
at the discretion of the Township.
C.
The site of such temporary use shall not be left unattended by the
applicant or agents of the applicant at any time during which the
use is located on the site. The applicant shall be responsible for
all crowds control and for maintaining the event on the approved site.
D.
The applicant shall include a pedestrian and vehicle circulation
plan assuring the safe movement of people and materials into, around
and away from the proposed site.
E.
The applicant shall address all potential noise that may be generated
by the proposed activity. The application shall include an indication
of the maximum amplification to be used to broadcast all aspect of
the event.
F.
The application shall include an indication of the hours of operation
of all aspects of the event. No part of any event shall be permitted
to operate after midnight, or at any other time which the Township
may deem inappropriate. Specific authorization from the zoning officer
shall be required for any event that is requested to operate after
midnight.
G.
Information concerning water supply and sewage disposal facilities
to be used shall be presented to the Township by the applicant with
assurance from the PA Department of Environmental Protection that
these arrangements are adequate.
H.
Any solid waste generated by the temporary use, including trash,
litter, and garbage, shall be collected and disposed of in an acceptable
fashion by the applicant. The applicant shall submit a proposed plan
for such collection and disposal to the Township as a part of his
application for such use.
I.
The applicant shall assure the Township that all vendors intending
to dispense food or beverages to the public will be properly licensed
or approved by the PA Department of Health to do so.
J.
Assurance shall be given to the Township by the applicant guaranteeing
that there is adequate space to satisfy the parking demands that will
be generated by the use and that adequate traffic control precautions
will be taken.
K.
All wagons, tents, temporary structures, animals and any other materials
brought to the site, as well as all debris or refuse generated by
the event, shall be removed by the applicant within the time limit
stated on the temporary permit and prior to vacating the site.
2.
The Zoning Officer shall note on the temporary permit or attach to
the permit application, information that demonstrates that the applicant
has agreed to or complies with all requirements of this section. The
Zoning Officer and Sewage Enforcement Officer shall inspect the site
as often as necessary to ensure that the provisions of the permit
are adhered to.
[Ord. 75-1, 1/6/1975]
It shall be the duty of the Secretary of the Zoning Hearing
Board to issue a Zoning Hearing Board certificate which shall indicate
the action of the Board on applications for a special exception, or
a variance, or opinion on review. The Board may cancel or revoke a
Zoning Hearing Board certificate for any violation of the section
or of conditions imposed.
[Ord. 75-1, 1/6/1975]
1.
The Zoning Officer shall list and register and record to the satisfaction
of the Township Supervisors, all nonconforming uses and structures.
Such list shall be available for public inspection upon request.
2.
The owner and/or occupant of property listed as nonconforming may
request a certificate of nonconformance and the certificate must be
issued by the Zoning Officer. This certificate shall be for the purpose
of insuring to such owner the right to continue a nonconforming use,
and a copy of the certificate of nonconformance shall be retained
by the Zoning Officer.
[Ord. 75-1, 1/6/1975; as amended by Ord. 1989-3, 8/3/1989;
and by Ord. 8.5.2008, 8/5/2008]
1.
It shall be a violation of this chapter to commence any activity
without first having secured a zoning permit, or Zoning Hearing Board
certificate, when required, or to fail to comply with the terms of
such permit or conditions thereof, or to otherwise fail to comply
with the provisions of this chapter. Any violation hereof shall be
enforced as provided by this section.
A.
Enforcement Notice.
(1)
If it appears to the Township that a violation of this chapter
has occurred, the Township shall initiate enforcement proceedings
by sending an enforcement notice as provided herein.
(2)
The enforcement notice shall be sent to the owner of record
of the parcel on which the violation has occurred, to any person who
has filed a written request to receive enforcement notices regarding
that parcel, and to any other person requested in writing by the owner
of record.
(3)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against
whom the Township intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(d)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within a prescribed period of time in accordance
with procedures set forth in this chapter as apply to appeals from
the decision of a Zoning Officer.
(f)
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.
B.
Zoning Hearing Board Procedures. If an appeal of the violation notice
is filed from the giving of the enforcement notice, the procedures
and time limits for the action before the Zoning Hearing Board shall
be as specified in this chapter for procedures that apply to the appeal
from the Zoning Officers grant or denial of a permit.
C.
Jurisdiction. Magisterial district judges shall have initial jurisdiction
over proceedings brought for a violation of this chapter.
D.
Enforcement Remedies. Any person, partnership or corporation who
or which has violated or permitted the violation of the provisions
of this chapter, upon being found liable therefor in a civil enforcement
proceeding commenced by the Township, shall 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 payable until the date of the determination
of a violation by the magisterial district judge. If the defendant
neither pays nor timely appeals the judgment, 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.
E.
Causes of Action. 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
or its amendments, the Township Supervisors or, with the approval
of the Township Supervisors, any officer of the Township, 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 at least 30 days prior to the time the action
is begun by serving a copy of the complaint on the Supervisors of
the Township. No such action may be maintained until such notice has
been given.
[Ord. 75-1, 1/6/1975]
The Township Supervisors shall appoint a Zoning Hearing Board.
In the event that a Zoning Hearing Board of Adjustment existed on
or before January 1, 1969, such Board automatically becomes a Zoning
Hearing Board. This shall be in accord with Article IX of Act 247,
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10901
et seq.
[Ord. 75-1, 1/6/1975]
The Township Supervisors may amend and repeal zoning ordinances
to implement comprehensive plans and to accomplish any of the purposes
of the Pennsylvania Municipalities Planning Code, by complying with
Article VI, §§ 608, 609, 610, 611, 53 P.S. §§ 10608,
10609, 10610, 10611, and other relevant parts of said Act and Article.
[Ord. 75-1, 1/6/1975]
1.
An application for a conditional use in terms of this chapter may
be filed with the Planning Commission, and shall state:
A.
The name and address of the applicant.
B.
The name and address of the owner of the real estate to be affected
by the proposed conditional use.
C.
A brief description and location of the real estate to be affected
by such proposed change.
D.
A statement of the present zoning classification of the real estate
in question, the improvements thereon, and the present use thereof.
E.
A statement of the section of this chapter under which the conditional
use may be allowed, and reasons why it should be granted.
F.
A reasonably accurate description of the present improvements, and the additions intended to be made under the application, indicating the size of such proposed improvements, materials, and general construction thereof. In addition, there shall be attached a plot plan of the real estate to be affected, as provided in § 27-802, Subsection 2, indicating the location and size of the lot, and size of the improvements now erected, and proposed to be erected thereon.
2.
The Planning Commission shall forward their recommendations including
additional standards and criteria to be followed, to the Board of
Supervisors.
3.
Pursuant to express standards and criteria set forth in this chapter
and recommendations of the Planning Commission the Board of Supervisors
shall allow or deny the use. The decision, in writing, shall be sent
to the applicant within 45 days after the receipt of the Planning
Commission's recommendations.
[Ord. 75-1, 1/6/1975; as amended by Ord. 82-4, 4/6/1982;
and by Ord. 11.2.04, 11/2/2004, § 6]
1.
The determining body, the Township Supervisors or the Zoning Hearing Board, as the case may be, in reviewing and passing upon applications for the grant of a conditional use or special exception or variance, shall consider: all relevant factors specified in other sections of this section and other applicable ordinances of this Township and laws of the Commonwealth of Pennsylvania; and standards and regulations that may be applicable thereto by other law, ordinance or regulation; the factors set forth as requirements and criteria under Subsection 2 of this section. In granting any such conditional use, special exception or variance, the determining body may attach as a condition or restriction in connection with the grant of such reasonable conditions and safeguards, in addition to those otherwise expressed in this chapter, as it may deem necessary: to implement the purposes of this section or the requirements set forth under Subsection 2 hereof; to assure that the representations made in the application are carried forth; to reduce the inconveniences and effects upon other persons or property; to assure that variations or deviations from the normal standards set forth in this chapter are as few as possible and such that the conditional use, special exception or variance conforms as closely as possible to the standard criteria applicable to the particular district in which the same is located.
2.
The factors, criteria and requirements to be considered in granting the request for a conditional use, special exception or variance, by the body charged with determining the grant of the same, and the conditions or limitations that may be placed thereon by the determining body, shall include, but shall not be limited to, the following standards and criteria in addition to those that are generally applicable to such conditional use, special exception or variance, and in addition to those referenced in Subsection 1 hereof, the said conditional use, special exception or variance hereinafter being collectively referred to as the "request."
A.
The purpose of the zone in which the request is located and the compatibility
of the request with existing and potential land uses on adjacent tracts
of land or those tracts of land in proximity to the request that can
reasonably be deemed to be affected thereby.
B.
Whether the specific site is an appropriate location for the request
taking into consideration the economic effects, environmental effects,
and the compatibility and harmony with the properties and other development
on adjacent tracts of land or tracts of land in reasonable proximity
thereto.
C.
The adverse effects or benefits, if any, that the request will have
upon the public in general, the Township in general, the neighborhood,
the tracts of land in reasonable proximity to the site, and the adjacent
tracts of land.
D.
The effect upon market value of other properties under the preceding
two subsections may be considered.
E.
Compatibility with existing development of and the proposed character
of the adjoining adjacent or tracts of land in proximity thereto and
that of the zoning district in which the site is located.
F.
Compliance with all provisions, requirements and limitations of § 27-601 of this chapter that may be deemed by the determining body to be relevant to the request or that is made expressly applicable thereto by the terms of § 27-601, the extent of any deviation therefrom, which deviation, if permitted, at all, shall be minimal.
G.
Noise, dirt, water, odor, sight, vibrations, and gas or vapors, illumination,
glare, or other environmental concerns and appropriate safeguards
to keep the effects therefrom upon others within the Township at a
minimum and in particular to reduce the effect of any such matters
upon individuals and property in proximity to the site of the request
to a minimum.
H.
The number of people making use of the request, the hours and time
of day that the request may be operated, and other similar matters
related to the use of the request.
I.
The access to the site by public or private roads and the condition
of the same and the requirements for maintenance thereof; the number
of types of vehicles and the times that said vehicles will frequent
the site of the request; the ingress and egress to the property and
structures thereon with particular reference to automotive and pedestrian
safety and convenience, traffic flow and control, access in case of
fire or catastrophe, off-street parking and loading areas; the use
of said roads made by others.
J.
Provisions for utilities, including refuse and service areas of the
site, the location, availability and compatibility of the utilities
necessary to serve the site; the proposed water supply and sanitation
systems, the ability of these systems to prevent disease, contamination
and unsanitary conditions or other adverse effects upon individuals
or properties in reasonable proximity to the site of the request.
K.
Such matters related to the request so that the same is constructed,
maintained and operated with maximum protections to public health,
safety, welfare and convenience to all those affected thereby; that
the same shall not constitute a nuisance to other individuals or property.
L.
The availability of alternative locations where the request may be
permitted as of right, or is less intrusive.
M.
The location of nearby structures and the uses made by the general
neighborhood in proximity to the request, together with the availability
of safeguards, assurances or restrictions to preserve and protect
the public health, safety, welfare, convenience and character of the
previously existing uses and development in reasonable proximity to
the request.
N.
The containment of vehicles, equipment and activities within an enclosed
structure or structures or at locations that are not obvious to or
intrusive to others; proper screening and buffering with reference
to type, dimensions and character, establishment of yards, open spaces
and setbacks.
O.
The danger posed to life and property within the Township that may
reasonably be deemed to be affected by the request.
P.
The length of time the proposed request is intended to be maintained.
Q.
The receipt of appropriate certificates related to any of the matters
established hereunder or other matters relating to the safety, construction
and planning of the request as may reasonably be deemed to be applicable
thereto and as shall be requested to be provided by the determining
body; these may include certificates from civil engineers, professional
engineers, surveyors, landscape architects, architects, Department
of Labor and Industry, or other regulating bodies and other reasonably
related statistical or specification requirements. The determining
body may request that any such information be provided to it by the
applicant at the applicant's cost if the same is reasonably necessary
to permit the determining body to reach a decision in determining
whether or not to grant the request or to reasonably aid them in applying
appropriate conditions, restrictions, or the criteria of this section
to the grant of any such request.
3.
In a C-H Commercial Highway District when a conditional use is requested,
the Board of Supervisors, in addition to the requirements set forth
in any other part of this chapter or amendment thereto, shall take
into consideration and shall apply conditions and standards regarding
said use in accordance with the following:
A.
Any retail shopping center, or any other use the nature of which
is deemed to require approval by the Board of Supervisors, shall have
a parking area of not less than a three-to-one ratio of parking to
structure.
B.
All conditional uses shall present a plan that clearly delineates the structure area, the grade and topography of the lot in question, the parking area, with adequate dimensions thereon indicating the number of parking stalls and size of parking stalls, the ingress and egress to and from the public highway; the provisions for pedestrians passing by or egressing therefrom, the buffer yards and other screening that is available or will be provided, the character and nature of the surrounding premises for a distance of 1,000 feet from the boundary lines of the premises in question, provided that if the line of sight from said premises as measured from a height of five feet 10 inches above the ground from all points on the premises desired to be used as a conditional use to any other premises is less than 1,000 feet only the character of the premises within the line of sight need be included; such plan shall be submitted drawn to scale and, where deemed necessary by the Board of Supervisors, certified to by an architect, engineer or other professional acceptable to the Board of Supervisors; said plans to contain any other matters or information reasonably requested by the Board of Supervisors or in other sections of this chapter. Said plans shall be easily readable and shall be of such size as to not exceed the size of maps or plats presented for subdivision approval under the terms of the Subdivision Ordinance [Chapter 22] of the Township.
C.
The matters referred to in Subsection 3B hereof shall be taken into consideration by the Board of Supervisors and they may adopt regulations or standards and conditions related to any of the items set forth in Subsection 2 hereof to assure that the conditional use complies as closely as possible to other existing permitted uses and that the effect of such conditional use on any surrounding premises (as defined and referred to in Subsection 3B above within 1,000 feet or within sight distance) is minimal and that the integrity and use of such surrounding premises is not impaired or effected. To further give effect to the intent and purposes, the Supervisors may adopt reasonable regulations upon the hours of use and operation of the uses, the number of employees of the use, and the number of patrons which may be on the premises at any one time.
D.
The proximity of any use of any other zoning district provided that
if the same is within 100 feet of the boundary line of any other district,
the conditional use may be refused.
E.
In allowing any conditional use in order to promote the intent of
this chapter as a whole and the matters related to the approval of
conditional uses as set forth herein and in any other part of this
section, the Township Supervisors may adopt any regulations regarding
signs, lights, and other matters as may be necessary in their opinion
to safeguard the integrity of the C-H Commercial Highway District
and other districts in the Township, including the requirements of
such screening and buffering areas as may be necessary.
[Ord. 75-1, 1/6/1975; as amended by Ord. 1989-3, 8/3/1989]
1.
Whenever financial security in the form of a bond or other guarantee is required in order to guarantee the Township of the performance or other obligation or condition imposed by or upon a grant of a zoning permit or as part of an application for such permit the financial security shall be a form of and administered as set forth under the Subdivision and Land Development Ordinance of Hepburn Township [Chapter 22], as amended from time to time relating to the deposit with the Township of financial security and release thereof, provided that:
A.
The amount of the financial security shall be as set forth under
this chapter, or as established by the Board of Supervisors or other
Township body having jurisdiction thereof and if no provision of ordinance
or law provides for a lesser sum the amount of financial security
to be posted shall be equal to 110% of the cost of completing the
performance or other obligation, if the amount thereof can be readily
ascertained by the Board of Supervisors or Township agency having
jurisdiction thereof.
