It shall be the duty of the Zoning Officer to enforce the provisions
of this chapter, and such power and authority as is necessary for
enforcement is hereby conferred upon the Zoning Officer. The Zoning
Officer shall examine all applications for permits, issue permits
for construction and uses which are in accordance with the requirements
of this chapter, record and file all applications for permits with
accompanying plans and documents and make such reports as the governing
body of Upper Allen Township may require. Permits for construction
and uses which are a special exception or a variance to requirements
of this chapter shall be issued only upon written order of the Zoning
Hearing Board. Permits for construction and uses which are a conditional
use shall be issued only upon written order of the Board of Commissioners
of Upper Allen Township.
A building and/or zoning permit shall be required prior to the
following activities: the erection, addition or alteration of any
building or portion thereof; the use or change in use of a building
or land, whether it is permitted by right, special exception, conditional
use or variance; and the change or extension of a nonconforming use.
It shall be unlawful for any person to commence work for the erection
or alteration of any building or for a change in land use until a
permit has been duly issued.
A. Application for permits. All applications for permits shall be accompanied
by plans in duplicate, drawn to scale, showing the actual shape and
dimensions 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 ordinances. One copy of such plans shall
be returned to the owner when such plans have been reviewed and acted
upon by the Zoning Officer. All applications with accompanying plans
and documents shall become a public record after a permit is issued
or denied.
B. In the case of the erection or alteration of uses granted for special
exception use, conditional use, or variance, the permit shall be obtained
within 12 months following the date of the decision or within 18 months
if the activities require approval of a subdivision or land development
plan.
C. Issuance of permits. No permit shall be issued until the Zoning Officer
has certified that the proposed building, addition or alteration complies
with all the provisions of this chapter as well as the provisions
of all other applicable ordinances. A permit issued hereunder shall
become void 12 months after issuance date, unless a request for extension
has been submitted to and approved by the Zoning Officer. Such request
shall be filed with the Zoning Officer at least 30 days prior to the
permit expiration date.
D. Temporary permits. A temporary permit may be authorized by the governing
body of Upper Allen Township for a structure or use 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 six months
and may be renewed once for an additional six-month period.
E. A building and/or zoning permit issued in violation of any provisions
in this Zoning Ordinance shall be automatically revoked upon discovery
of its issuance in error. The Zoning Officer will give notice of the
revocation to the permit holder immediately. The holder of a permit
issued in violation of this Zoning Ordinance who has made substantial
investment and completed substantial work based upon his good faith
belief that the permit was properly issued may appeal the revocation
of the permit. A hearing shall be held before the Zoning Hearing Board
to determine if the permit holder has established vested rights in
the permit and, if so, the permit shall be reinstated.
An appeal or application for an amendment, variance, special
exception or conditional use from the terms of this chapter shall
be filed with the Zoning Officer and shall contain the following information:
A. The name and address of the applicant.
B. The name and address of the owner of the real estate to be affected
by such proposal.
C. A brief description and location of the real estate to be affected
by such proposal.
D. A statement of the present zoning classification of the real estate
in question, the improvements thereon and the present use.
E. A statement of the section of this chapter under which the appeal
or application is filed and reasons why it should be granted or a
statement of the section of this chapter governing the situation in
which the alleged erroneous ruling is being appealed and reasons for
the appeal.
F. An accurate description of the present improvements and the additions
intended to be made under this application, indicating the size and
use of such proposed improvements and general construction thereof.
In addition, there shall be attached a plot plan of the real estate
to be affected, as required to accompany applications for permits,
indicating the location and size of the lot and locations of improvements
now erected and proposed to be erected thereon.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, morals or general welfare.
In interpreting the language of this chapter to determine the extent
of the restriction upon the use of any property, the language shall
be interpreted, where doubt exists as to the intended meaning of the
language written and enacted by the governing body of Upper Allen
Township, in favor of the property owner and against any implied extension
of the restriction.
The Board shall conduct hearings and make decisions in accordance
with the following requirements:
A. The Board shall provide public notice and shall provide written notice
to the applicant, the Zoning Officer and to any person who has made
timely request for the same. Additional notices shall be given at
such time and in such manner as shall be prescribed by the rules of
the Board and the requirements of the Municipalities Planning Code,
53 P.S. § 10101 et seq., provided that the notices conform
to the following:
(1)
Written notice of said hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearings.
Such written notice must be printed on a sign with minimum dimensions
of 11 inches by 17 inches.
(2)
The applicant shall provide written notice, by U.S. Mail, certified/return
receipt requested, to all adjacent property owners as determined by
then-current Cumberland County tax records. Adjacent property owners
are defined as owners of property directly abutting the property subject
to the hearing or of property abutting public roads, streams, railroad
rights-of-way, power lines or pipelines rights-of-way which directly
abut the property subject to the hearing.
(3)
Public notice of the hearing shall be published in at least
one newspaper of general circulation in the Township.
B. The first hearing before the Board or hearing officer shall be commenced
within 60 days from the date of the applicant's application, unless
the applicant has agreed, in writing, to an extension of time. Each
subsequent hearing before the Board or hearing officer 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.
C. 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.
D. 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.
E. The Chairman or Acting Chairman of the Board or the hearing officer
presiding shall have 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.
F. The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
G. Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
H. 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.
I. 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 their
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 representative
unless all parties are given an opportunity to be present.
J. 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. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of this chapter or of any law, 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 the hearing officer's decision or findings are final, the Board shall make the hearing officer's 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 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. Except for challenges filed under § 916.1 of the Pennsylvania Municipalities Planning Code as reenacted and amended, where the Board fails to commence, conduct or complete 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 the 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 the said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection
A of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
K. 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 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.
L. The Board of Commissioners of Upper Allen Township shall establish,
by resolution, fees with respect to hearings before the Zoning Hearing
Board.
Where the Board of Commissioners of Upper Allen Township in
this chapter has stated special exceptions to be granted or denied
by the Zoning Hearing Board pursuant to express standards and criteria,
the Zoning Hearing Board shall hear and decide requests for such special
exceptions in accordance with such standards and criteria below:
A. The location of the use, including with respect to the existing or
future streets giving access to it, is in harmony with the orderly
and appropriate development for the district in which the use is to
be located.
B. The nature and intensity of the operations involved are in harmony
with the orderly and appropriate development of the district in which
the use is to be located.
C. The grant of the special exception shall not materially increase
traffic congestion on roads and highways, nor cause nor encourage
commercial or industrial traffic to use residential streets.
D. The applicant must meet all specific requirements for the specified use in accordance with Article
XIV, herein.
E. 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 MPC, Act of 1968, P.L. 805, No. 247,
as reenacted and amended.
Where the Board of Commissioners of Upper Allen Township in
this chapter has stated conditional uses to be granted or denied by
the Board of Commissioners pursuant to express standards and criteria,
the Board of Commissioners shall hear and decide requests for such
conditional uses in accordance with such standards and criteria below:
A. The location of the use, including with respect to the existing or
future streets giving access to it, is in harmony with the orderly
and appropriate development for the district in which the use is to
be located.
B. The nature and intensity of the operations involved are in harmony
with the orderly and appropriate development of the district in which
the use is to be located.
C. The grant of the conditional use shall not materially increase traffic
congestion on roads and highways, nor cause nor encourage commercial
or industrial traffic to use residential streets.
D. The applicant must meet all specific requirements for the specified use in accordance with Article
XIV herein.
E. In granting a conditional use, 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, Act of
1968, P.L. 805, No. 247, as reenacted and amended.
Appeals raising the substantive validity of any land use ordinance,
except those to be brought before the Board of Commissioners of Upper
Allen Township pursuant to the Pennsylvania MPC, Act of 1968, P.L.
805, No. 247, as reenacted and amended; procedural questions or alleged
defects in the process of enactment or adoption of a land use ordinance;
or appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit or failure
to act on the application therefor, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot; from a determination by the Township Engineer
or the Zoning Officer with reference to the administration of any
floodplain or flood hazard ordinance or such provisions within a land
use ordinance; from the determination of any officer or agency charged
with the administration of any transfers of development rights or
performance density provisions of this chapter; from the determination
of the Zoning Officer or Township Engineer in the administration of
any land use ordinance or provision thereof with reference to sedimentation
and erosion control and stormwater management, insofar as the same
relate to development not involving subdivision and land development
or planned residential development, may be filed with the Board, in
writing, by the landowner affected, any officer or agency of the Township,
or any person aggrieved. Requests for a variance and for special exception
may be filed with the Board by any landowner or any tenant with the
permission of such landowner.
This chapter shall not apply to signs, properties, uses or structures
owned by Upper Allen Township or by a municipal authority created
solely by Upper Allen Township for uses and structures that are intended
for a public utility, stormwater, public works, recycling, municipal
administrative, public recreation or public health and safety purpose.
In case any building, structure, landscaping or land is, or
is proposed to be, erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this chapter, the Board of Commissioners
of Upper Allen Township or, with the approval of the Board of Commissioners,
an 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 Board of Commissioners.
No such action may be maintained until such notice has been given.