A.
Administration.
(1)
Zoning Officer. The provisions of this chapter shall
be enforced by an agent, to be appointed by the Board of Supervisors,
who shall be known as the Zoning Officer. The Zoning Officer shall
meet qualifications established by the Township which shall include,
demonstration to the satisfaction of the Township, experience and
a working knowledge of municipal zoning, subdivision and land development
standards and construction principles. The Zoning Officer shall be
appointed at the first meeting of the Board of Supervisors following
the adoption of this chapter to serve until the first Monday of January
next following and shall thereafter be appointed annually to serve
for a term of one year and/or until his successor is appointed. The
Zoning Officer may succeed himself. He shall receive such fees or
compensation as the Supervisors may, by resolution, provide.
(2)
Duties. The duties of the Zoning Officer shall be:
(a)
To examine all applications for permits.
(b)
To issue permits only for construction and uses
which are in accordance with regulations of this chapter and as may
be subsequently amended.
(c)
To record and file all applications for permits
and accompanying plans and documents and keep them for public record.
(d)
To issue permits for uses by special exception
only after such uses and buildings are approved by the Zoning Hearing
Board in accordance with the regulations of this chapter.
(e)
Upon the request of the Board of Supervisors
or the Zoning Hearing Board, present to such body fact, records and
any similar information on specific requests to assist such body in
reaching its decision.
(f)
To be responsible for the keeping up to date
of this chapter and the zoning map, filed with the Township Secretary
and to include any amendments thereto.
B.
Enforcement. This chapter shall be enforced by the
Zoning Officer of the Township. No permit of any kind as provided
in this chapter shall be granted by him for any purpose except in
compliance with the provisions of this chapter.
C.
Violation and enforcement notice.
(1)
If it appears to the Township that a violation of
any provision of this chapter has occurred, the Township shall initiate
enforcement proceedings by sending an enforcement notice as provided
in this section.
(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 the following:
(a)
The name of 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 provision 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.
(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.
D.
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 any provision of this chapter, the Board of Supervisors or, with
the approval of the Board of Supervisors, 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 Supervisors. No such action may be maintained until such
notice has been given.
E.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which
has violated or permitted the violation of the provision of this chapter
shall, upon being found liable therefore in a civil enforcement proceeding
commenced by the Township, 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 determines that there has been a violation
further determines that there was a good faith basis for the person,
partnership or corporation violating the chapter to have believed
that there was not such violation, in which event 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 judgment, costs and reasonable attorney
fees collected for the violation of the chapter shall be paid over
to the Township.
(2)
The Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Township
the right to commence any action for enforcement pursuant to this
section.
[Amended 12-21-1994 by Ord. No. 1994-1]
A.
General.
(1)
A zoning permit shall be required prior to change
in the use of land or building or the erection, construction or alteration
of any building, structure or any portion thereof.
(2)
Application for permits shall be made in writing to
the Zoning Officer designated by the Board of Supervisors and shall
contain all information necessary for such officer to ascertain whether
the proposed erection, construction, alteration or use complies with
the provisions of this chapter.
(3)
Such permits shall be granted or refused within 30
days from date of application.
(4)
No permit shall be issued except in conformity with
the regulations of this chapter, except pursuant to written order
from the Zoning Hearing Board or the courts.
(5)
In all instances in which the Zoning Officer expresses
a reasonable doubt as to the ability of a proposed use to meet all
of the requirements of this chapter, it will be incumbent upon the
applicant to furnish adequate evidence in support of his application.
If such evidence is not presented, the zoning permit will be denied.
(6)
The parcel or parcels shall be in one ownership, or
in case of multiple ownership of the parcels, evidence shall be presented,
at the time of application, of a written agreement between the parties
involved.
B.
Application for zoning permits for use in all commercial
and industrial districts. Application for all uses in these districts
shall be accompanied by:
(1)
A plot plan of the lot showing the location of all
present and proposed buildings, drives, parking lots showing driveways,
circulation patterns, curb cut accesses, parking stalls and bumpers,
access from streets, screening fences and walls, waste disposal fields
or other methods of sewage disposal and other construction features
on the lot and the location of all topographical features.
(2)
Architectural plans for any proposed building.
(3)
A description of the operations proposed in sufficient
detail to indicate the effects of those operations in producing traffic
congestion, noise, glare, air pollution, water pollution, vibration,
fire hazards, safety hazards or the emission of any potentially harmful
or obnoxious matter or radiation.
(4)
Engineering and architectural plans for treatment
and disposal of sewage and industrial water, tailings or unusable
by-products.
(5)
Engineering and architectural plans for handling of
any excess traffic congestion, noise, glare, air pollution, water
pollution, vibration, fire hazards or safety hazards, smoke or emission
of any potentially harmful or obnoxious matter or radiation.
(6)
Designation of the manner by which sanitary sewage
shall be disposed and water supply obtained.
(7)
The proposed number of shifts to be worked and the
maximum number of employees on each shift.
(8)
Where use by more than one firm is anticipated, a
list of firms which are likely to be located in the center, their
floor area and estimated number of employees. Application for permits
under this section along with accompanying plans and data shall be
permitted by the Zoning Officer to the Planning Commission for the
Commissions' review and comment. The Planning Commission shall review
the material to determine that the proposed development is in harmony
with the intent of the Zoning Ordinance and the Comprehensive Plan.
The Planning Commission shall make its comments on the application
within 20 days of its receipt. The Zoning Officer shall take into
consideration the comments of the Planning Commission in his approval
or denial of the application.
C.
Application for all other permits. Applications shall
be accompanied by plans in duplicate drawn to scale and showing the
following:
(1)
Actual dimensions and shape of lot to be built upon.
(2)
Exact size and location on the lot of all buildings
and other structures and all buildings and other structures located
on adjacent properties within 50 feet of the property line, if any,
and the location and dimensions of proposed buildings and other structures
or alterations.
(3)
Existing and proposed uses, showing the number of
families the building is designed to accommodate.
(4)
Any other lawful information that may be required
by the Zoning Officer or other sections of this chapter.
(5)
Water and sewer systems, which shall conform to the
applicable regulations adopted by the East Caln Township Board of
Supervisors or other regulating bodies.
D.
Temporary use permit.
(1)
Temporary use permit may be authorized by the Zoning Hearing Board, subject to the requirements of Article VIII of this chapter, 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. Such permit shall be issued for a specified period of time not to exceed one year and may be renewed at the expiration of such specific period, if authorized by the Zoning Hearing Board, for additional specific periods which in the aggregate do not exceed three years.
(2)
A temporary use permit may be issued by the Zoning
Officer, without prior Zoning Hearing Board authorization, for any
of the following uses:
(3)
Garage and yard sales are exempt from the permit requirements
of this section, provided:
(a)
At least one of the active participants is an
owner or other adult legal resident (by virtue of family status or
legally enforceable lease) of the property upon which the sale is
conducted.
(b)
The items offered for sale are the personal,
used property of the lawful residents of the property.
(c)
The sale does not exceed four days in length,
within any calendar year.
(d)
The sale does not impede or endanger pedestrian
and/or vehicular traffic or in any other way pose a public threat
or danger.
(4)
The following regulations shall apply for all temporary uses for which permits are issued by the Zoning Officer under Subsection D(2) and for all garage and yard sales permitted under Subsection D(3):
[Amended 4-19-2017 by Ord. No. 2017-04]
(a)
The applicant for a permit, where required, shall provide the
Township with proof of legal or equitable ownership of, or a valid
leasehold interest in, the property upon which the use will be located.
(b)
Vehicular access to the property shall be provided by a driveway
or other legal means.
(c)
Adequate parking shall be provided outside any public right-of-way. In all cases, a minimum of three parking spaces shall be provided for temporary uses under Subsection D(2). No parking shall be permitted on the shoulder area of a public street or road adjacent to temporary uses under Subsection D(2), and access to said parking spaces shall be maintained in a mud-free and passable condition.
(d)
All lighting shall conform with the standards and shielding provisions of § 225-17E of this chapter.
(f)
Any noise created shall not exceed the level of ordinary conversation
at the adjoining property lines. No mechanical or live music shall
be permitted.
(g)
A temporary use shall not be operated between the hours of 12:00
midnight and 7:00 a.m.
(h)
Trees shall not be removed or damaged.
(i)
There shall be no interference with the required sight triangle
at any intersection or driveway, nor shall any merchandise or stored
materials interfere with the safe sight distance for pedestrians entering
parking areas and/or traffic lanes.
(j)
The use shall not emit smoke, fumes or odors beyond adjoining
property lines.
(k)
A temporary use for seasonal sales and/or retail sales shall
be conducted only as an accessory to a business establishment lawfully
operating on the first floor of a premises in a commercial or industrial
zoning district only, and shall not be conducted in any residential
zoning district.
(l)
No seasonal sales and/or retail sales sidewalk display or merchandise
storage shall be nearer than four feet to the curbline or street line,
except that if the sidewalk is nine feet or more in width, then the
distance from the curb or street line shall not be less than 1/3 the
width of the sidewalk with a maximum of two rows of display.
NOTE: Provided the minimum width is four feet (48 inches), as
required by Americans with Disabilities Act (ADA).[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(m)
At all times a free and clear, unobstructed aisle shall be maintained,
not less than four feet in width, providing access to any establishment
frontage along a sidewalk being used for seasonal sales and/or retail
sales sidewalk display or merchandise storage.
(n)
There shall be no less than eight feet from the curbline, street
line or vehicular lane to the nearest structure. Areas with less width
than eight feet shall not qualify as an area for seasonal sales and/or
retail sales sidewalk display or merchandise storage.
(o)
No seasonal sales and/or retail sales sidewalk display or merchandise
storage shall interfere with or obstruct any public service or emergency
service facility.
(p)
No seasonal sales and/or retail sales shall be permitted after
the entity with which it is associated is not open to the public.
(q)
Any other conditions the Zoning Officer and/or Building Official
determine shall be reasonable and necessary to protect the health,
safety, and welfare of the public, including denial of the application
for a temporary use permit, may be applied.
(5)
A temporary use permit issued by the Zoning Officer under Subsection D(2) shall be for a specified period of time not to exceed 30 consecutive days, and no more than two permits shall be issued for the same use on the same property within any calendar year unless otherwise approved by the Board of Supervisors in its sole discretion. However, a permit for the sale of fresh produce may be issued for the local growing season, but in no case be valid between November 1 and the following April 30.
[Amended 6-6-2012 by Ord. No. 2012-04]
(6)
All evidence of any temporary use shall be completely
removed prior to or upon the expiration date of the permit without
cost to the Township. The applicant shall provide the Township with
a security deposit in the amount of $500 to assure compliance with
this requirement. The deposit shall be returned to the applicant after
an inspection by the Zoning Officer certifies such compliance. In
the event of noncompliance all or a portion, as shall be necessary,
of the deposit shall be used by the Township to cause the removal
of all evidence of the temporary use. If costs in excess of $500 are
incurred by the Township in the performance of such work the applicant
and the property owner shall be liable for said costs.
(7)
Applications for temporary use permits shall be on
forms provided by the Township and shall be accompanied by sufficient
information to assure compliance with these regulations.
A.
Scope. A certificate of occupancy shall be required
upon the completion of the work contemplated in the zoning permit.
No building, structure or freestanding sign shall be utilized in any
manner until a certificate of occupancy is issued.
B.
Application procedures. Application shall be made
in writing to the Zoning Officer on a form specified for such purposes.
C.
Issuance.
(1)
Certificates of occupancy shall be granted or refused
within 10 days from the date of application. No application shall
be granted or refused until the Zoning Officer has inspected the premises.
Issuance of this certificate shall be based on conformance of the
work to the requirements of this chapter.
(2)
In commercial and industrial districts in which performance
standards are imposed, a certificate of occupancy shall become permanent
until 30 days after the facility is fully operating, when upon a reinspection
by the Zoning Officer, it is determined that the facility is in compliance
with all performance standards.
All fees shall be determined by the Board of
Supervisors by resolution and a schedule of such shall be made available
to the general public. The Board of Supervisors shall be empowered
to reevaluate the fee schedule and make necessary alterations to it.
Such alterations shall not be considered an amendment to this chapter
and may be adopted at any public meeting of the Board of Supervisors
by resolution.
A.
Power of amendment.
(1)
The Board of Supervisors may from time to time amend,
supplement, change, modify or repeal this chapter including the Zoning
Map. The Board of Supervisors, by resolution adopted at a stated or
special meeting, shall fix the time and place of a public hearing
on the proposed change, amendment or repeal and cause public notice
thereof to be given.
(2)
The notice shall also set forth the principal provisions
of the proposed change, amendment or repeal in reasonable detail and
a reference to a place in the Township where copies of the proposed
change, amendment or repeal may be examined or purchased at a charge
not exceeding the cost thereof. Full opportunity to be heard will
be given to any citizen and all parties of interest attending such
hearing.
(3)
If the proposed amendment involves a Zoning Map change,
notice of said public hearing shall be conspicuously posted by the
Township along the perimeter of the tract to notify potentially interested
citizens. The affected tract or area shall be posted at least one
week prior to the date of the hearing.
B.
Petition for amendment.
(1)
Whenever a petition for zoning amendment is submitted,
the petitioner shall submit a report to indicate that the standards
and criteria set forth below can be met.
(2)
Each such proposed amendment shall be evaluated in
accordance with the following standards and criteria to insure that:
(a)
The proposed use is consistent with the purpose of the article whereby it is permitted, the overall purpose of the Zoning Ordinance as contained in Article I and all other applicable provisions of this chapter.
(b)
The proposed use will satisfy all of the relevant provisions and requirements of the Subdivision and Land Development Ordinance [Chapter 185] and any other applicable codes, ordinances and/or regulations.
(c)
The proposed use and its location are consistent
with the Comprehensive Plan.
(d)
There is a demonstrated need for the proposed
use and that it will contribute to the maintenance of the health,
safety, morals and general welfare of the Township.
(e)
The proposed use is consistent with the nature
of the uses existing on any immediately adjacent properties; and,
it will not detract from or cause harm to neighboring properties and
will be maintained in a manner in keeping with the character of the
neighborhood.
(f)
The proposed use is consistent with the logical
extension of public services and will not measurably affect the public
service and utilities of the surrounding properties.
(g)
If the use is one which traditionally adheres
to some unique location criteria, the site for which the use is proposed
is not one which obviates such criteria.
(h)
Any proposed construction will be consistent
with good design principles and sound engineering and land development
practices and is in keeping with the character of any existing construction
within the neighborhood.
(i)
The proposed use will provide safe and adequate
access to roads and public services (existing or proposed) and will
not result in excessive traffic volumes or will make improvements
needed to guarantee compatibility with adjacent roads and public services.
(j)
The proposed use has provided for adequate sanitation
and water supply.
(l)
The proposed use can meet the standards and criteria established for conditional use as set forth in § 225-35A(4).
C.
Township Planning Commission referral. The Board of
Supervisors shall refer each petition or proposal for change or amendment
whether under this article or under another article to the Township
Planning Commission which will consider whether or not such proposed
change or amendment would be, in the view of the Commission, consistent
with and desirable in furtherance of the Comprehensive Plan upon which
this chapter is based, as the same may be modified from time to time.
The Commission shall transmit its conclusion thereon, together with
its reasons therefor, to the Board of Supervisors within 30 days.
The Board of Supervisors shall take such conclusion and reasons into
consideration in reaching its decision, but shall not be bound thereby.
D.
County Planning Commission referral. The Board of
Supervisors shall submit the proposed amendment to the County Planning
Commission for recommendations at least 30 days prior to the public
hearing on the amendment. The Board of Supervisors shall take such
recommendations into consideration in reaching its decision, but shall
not be bound thereby.
A.
Purpose.
(1)
Certain uses are permitted within the Township as
conditional uses. By so providing, the Board of Supervisors recognize
that these uses may or may not be appropriate at every location within
any specific district. It is intended that application for these uses,
constituting major uses having substantial impact upon the community,
shall be first reviewed by the Planning Commission and subject to
public hearing prior to the grant or denial thereof. Where it appears
that the conditional use fails to comply with all regulations and
standards of the district, or would be contrary to the public health,
safety, morals or welfare of the community at a specific location
within the district, the application may be denied.
(2)
However, failure to comply with the regulations and
standards of the district may, at the discretion of the Board of Supervisors,
be deemed a basis for the imposition of appropriate conditions for
granting the application.
(3)
Nothing in this section shall be construed to relieve the owner or his agent, the developer or the applicant for a conditional use approval the obligation to obtain approval in accordance with the East Caln Subdivision and Land Development Ordinance [Chapter 185] or any other applicable ordinance.
(4)
In evaluating an application to the Board of Supervisors
for a conditional use, the Board shall require the applicant to provide
information to indicate that the standards and criteria have been
met. The applicant shall submit a report which describes how the standards
and criteria have actually been met or will be met to insure that:
(a)
The proposed use is consistent with the purpose of the article whereby it is permitted, the overall purpose of this chapter as contained in Article I and all applicable provisions of this chapter.
(b)
The proposed use will satisfy all of the relevant provisions and requirements of the Subdivision and Land Development Ordinance [Chapter 185], as amended, and any other applicable ordinance, code and/or regulation.
(c)
The proposed use and its location are consistent
with and responsive to the Comprehensive Plan, in particular, the
plans for land use, circulation, community facilities and utilities.
(d)
There is a demonstrated need for the proposed
use and that it will contribute to the maintenance of the health,
safety, morals and general welfare of the Township.
(e)
The proposed land use is consistent with the
nature of the conforming land uses existing on any immediately adjacent
properties and it will not detract from or cause harm to neighboring
properties and will be maintained in a manner in keeping with the
character of the neighborhood.
(f)
That if public services are planned for the
property, the proposed use is consistent with the planned extension
of public services and utilities, such as public water and public
sewer and will not have a negative effect on the public services and
utilities of the surrounding properties.
(g)
Proposed construction will be consistent with
good design principles, and sound engineering and land development
practices and is in keeping with the character within the neighborhood.
(h)
The proposed use reflects an environmentally
sensitive approach to land planning and design based on thorough site
analysis and evaluation related to topography, soils, vegetation,
hydrology, geology, visual quality and related site conditions and
characteristics.
(i)
The proposed use will provide safe and adequate
access to roads and public services (existing or proposed), will not
result in excessive traffic volumes, will make any improvements necessary
needed to guarantee compatibility with adjacent roads and public services
and will reflect a well designed internal circulation system.
(j)
The proposed use will provide for adequate and
effective sanitation and water supply.
(k)
The proposed use will create the required screening and landscaping as required in this chapter and the Subdivision and Land Development Ordinance [Chapter 185].
(l)
The proposed use, as depicted in the plans for
subdivision and/or land development, includes proposals for landscaping,
in addition to that required as stated above, in areas such as the
entrance, along property boundaries, in areas which are highly visible,
such as along roads, walks or trails and in other places deemed by
the Township, where the use of trees, shrubs and groundcovers would
be functional and appropriate.
(m)
The proposed use will be property sited, and
not be disruptive to existing topography, streams and ponds, vegetation
and other natural resources, especially within the flooplains.
[Amended 7-19-2017 by Ord. No. 2017-05]
(p)
The proposed use will be developed using effective
stormwater management techniques and soil erosion and sedimentation
control techniques.
(q)
The proposed use will meet all applicable standards of all local,
state, and federal laws relating to environmental protection and environmental
remediation. Unless otherwise prescribed by approved state and/or
federal remediation plans, the Township may impose necessary conditions
to assure that any site cleanup, remediation, and construction is
sequenced in the most logical and efficient manner.
[Added 6-30-2010 by Ord. No. 2010-01]
(r)
The proposed use will incorporate walkways and trails and related
facilities as determined by the Board of Supervisors and will connect
such walkways and trails to and/or extend existing or planned public
trails (and related facilities) on adjacent parcels or in the vicinity
of the proposed use.
[Added 6-30-2010 by Ord. No. 2010-01]
(s)
The proposed use will provide recreational amenities consistent with
and responsive to the Comprehensive Plan, the applicable zoning, and
the character and intensity of the proposed use.
[Added 6-30-2010 by Ord. No. 2010-01]
B.
Accompanying information. In addition to the standards and criteria of Subsection A(4), the application for a conditional use permit shall be accompanied by the following specific information:
(1)
Proposed scaled plan showing the size and location
of the proposed use, the location of all proposed use, the location
of all proposed buildings and all proposed facilities including access
drives and parking areas. All streets within 200 feet of the property
shall also be shown.
(2)
Documentation that existing road network is adequate
to carry traffic generated by proposed use or plans of proposed improvements
to be undertaken by the applicant to increase existing road network
capacity.
(3)
Documentation that proposed access points with existing
roads are the minimum necessary and are properly located to achieve
safe and efficient movement of traffic.
(4)
A landscape plan for the entire site.
(5)
The report required under Subsection A(4) which shall include clear and legible inventory maps and plans and site analysis maps and plans drawn to scale to indicate the location, extent, quality, significance and/or importance of the land and water resources and the facilities which are discussed within the report.
C.
Procedure for review. Applications for a conditional
use shall be filed with the Secretary of the Township on such forms
as may be prescribed for such purpose. The application shall be accompanied
by a fee as prescribed from time to time by the Board of Supervisors.
The Secretary shall within 10 days submit the application to the Planning
Commission for its review and recommendations. Upon receipt of the
application and proposed site plan, the Planning Commission shall
review the conditional use request at its next regularly scheduled
meeting or at a special meeting convened for that purpose, at the
discretion of the Planning Commission. The applicant may be present
and participate at the meeting. If the Planning Commission does not
submit its recommendation in 60 days from the date that the application
is forwarded to it for review, it shall be deemed that the Planning
Commission approves the application.
D.
Public hearings.
(1)
Within 60 days after receipt of an application for
conditional use pursuant to this article, a public hearing pursuant
to public notice on said application shall be held by the Board of
Supervisors. The Chairman or acting Chairman of the Board of Supervisors
shall have power to administer oaths and issue subpoenas to compel
attendance of witnesses. All testimony by witnesses at the hearing
shall be given under oath and every party or record at the hearing
shall have the right to cross examine witnesses.
(2)
A stenographic record of the hearing shall be caused
to be made by the Board of Supervisors. A transcript of the proceedings
shall be made available to any party at cost.
(3)
All exhibits accepted in evidence shall be identified
and duly preserved or, if not accepted in evidence, shall be properly
identified and the reason for exclusion clearly noted in the record.
(4)
The Board may continue the hearing from time to time,
and may refer the matter back to the Planning Commission for a further
report, provided, however, that in any event, the public hearing or
hearings shall be concluded within 90 days after the date of the first
public hearing. This time limit may be extended by written agreement
between the Township and the applicant.
(5)
The Board, within 45 days following the conclusion
of the public hearing provided for in this article, shall, by official
written communication to the applicant, either:
E.
Conditions of conditional use permits.
(1)
When granting a conditional use permit, the Board
of Supervisors shall:
(a)
Impose such conditions as are necessary to assure
that the general purpose and intent of this chapter are complied with.
Such conditions may include, but are not limited to, traffic flow
regulations, harmonious design standards for buildings, plantings
and their maintenance for sight and/or sound screening and provisions
for elimination or reduction of noxious, offensive or hazardous elements.
(b)
It shall be expressly understood that all conditions
imposed by the Board of Supervisors when granting a conditional use
permit shall be part of said permit. Within 10 days from receipt of
notice that the conditional use permit is granted, the applicant shall
submit to the Township Secretary written acceptance of all conditions
imposed in said permit. The permit shall be automatically rescinded
if the applicant fails to comply with the requirements of this paragraph.
F.
Time requirements.
(1)
If the applicant fails to obtain all necessary permits
within six months from the date of approval or having obtained such
permits fails to commence work thereunder within said six months thereafter
without receiving an extension of time (granted at the discretion
of the Board of Supervisors pursuant to written request therefor)
the Board may presume that the applicant has waived, withdrawn or
abandoned the application in which case the conditional use and permits
granted thereunder shall be automatically rescinded.
(2)
If the applicant commences construction or alteration
within the six month period, but fails to complete such construction
or alteration within 18 months after all necessary permits are secured,
the Board of Supervisors may rescind or revoke the conditional use
permit after 10 days written notice to the applicant of such intent.
Upon written request by the applicant, however, if the Board finds
that a good cause exists for the failure to complete within the 18
month period, an extension may at the discretion of the Board, be
granted.
G.
Effect of conditional use approval. Any use for which
a conditional use permit is granted shall be deemed to be a conforming
use in the zoning district in which such use is located provided:
A.
Purpose. To supplement the proceedings initiate under
Article IX (Zoning Hearing Board and Other Administrative Proceedings)
and Article X-A (Appeals to Court) of the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, as amended by Act 170 of 1988 ("MPC"
or "Act"), by facilitating the final disposition of such proceedings
when flexibility in the application of relevant standards and conditions
is authorized under the Act, to assist in relieving an overburdened
court system, to support the public policy in Pennsylvania that encourages
out-of-court settlements, to provide a potentially less costly, more
efficient mechanism for resolving land use disputes and to provide
a less polarized process than that which adversarial administrative
hearings and legal proceedings tend to create.
B.
Mediation option. Parties to proceedings authorized
in the MPC, Articles IX and X-A may utilize mediation as an aid in
completing such proceedings pursuant to the terms and conditions of
this chapter and MPC Section 908.1.
C.
Limitations. Mediation is not a substitute for the
proceedings which are required by Articles IX and X-A of the MPC.
The legal process for the resolution of land use disputes shall continue
to exist as a matter of right. The evidentiary use of any offers or
statements made during mediation, other than the final written mediated
agreement (the "Mediation Agreement"), in subsequent judicial or administrative
proceedings is strictly prohibited. In proceedings before the Zoning
Hearing Board, in no case shall the Zoning Hearing Board initiate
mediation or participate as a mediating party. Mediation shall supplement,
not replace, those procedures in MPC Articles IX and X-A once they
have been formally initiated. Nothing in this chapter shall be interpreted
as expanding or limiting the Township's police powers or as modifying
any principles of substantive law. Participation in mediation shall
be wholly voluntary. The appropriateness of mediation shall be determined
by the particulars of each case and the willingness of the parties
to negotiate.
D.
Identification of parties to mediation and opportunity
to participate. At any time after the Township has received an application
for proceedings authorized by Articles IX and X-A of the Act, public
notice has been given and the proceedings have commenced, any party
to the proceedings may submit to the Township Secretary a written
request for mediation ("mediation request"). If mediation is undertaken
pursuant to the terms hereof and the Act, all parties shall be afforded
the opportunity to fully participate.
E.
Recess of proceedings and suspension of time limits.
A mediation request shall suspend all time limits otherwise required
or authorized by the MPC if and only if the recess and suspension
of such time limits is agreed to in writing ("mediation consent")
by the parties and the Township's decision making body.
F.
Selection of the mediator. At a minimum, the mediator
shall have a working knowledge of municipal zoning and subdivision
procedures and demonstrated mediation skills. Within five business
days after the Township's receipt of the mediation request and mediation
consent, the Township Secretary shall provide the parties with a list
of no fewer than five potential mediators who, in the judgment of
the Township, shall have knowledge of municipal zoning and subdivision
procedures and demonstrated skill in mediation. The parties shall
select a mediator from the list within 12 business days following
the mailing of the list. Alternatively, the parties may themselves
select and agree upon a mediator within the same time periods so long
as such mediator shall have a working knowledge of municipal zoning
and subdivision procedures and demonstrated skills in mediation.
G.
Conduct of mediation sessions. The mediator shall
convene and conduct the mediation sessions. Unless otherwise unanimously
agreed by all parties to the mediation, 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 to cross-examine
adverse witnesses on all relevant issues. Formal rules of evidence
shall not apply, but the mediator shall have the power to exclude
all irrelevant immaterial or unduly repetitious evidence.
H.
Public or private mediation sessions. Subject to applicable
legal restraints, the parties shall, assisted by the mediator as appropriate,
determine whether some or all of the mediation sessions shall be open
or closed to the public.
I.
Time limit for completing mediation. Mediation shall
be concluded, whether or not a mediation agreement is effected, within
75 days following the delivery to the Township Secretary of the mediation
request and mediation consent unless sooner terminated by written
notification to the Township Secretary by one or more of the parties
to the mediation, and in either event the recessed proceedings shall
resume within 10 business days following termination of mediation.
J.
Mediation agreement. The mediator shall assure that
all mediated agreements are in writing, signed by all parties and
the mediator and become subject to review and approval by the appropriate
decision making body pursuant to the authorized procedures set forth
in the Act.
K.
Funding. Unless otherwise negotiated and agreed upon
by the parties with the assistance of the mediator, all fees, expenses
and costs ("mediation costs") of the mediation process shall be borne
equally by the parties. The Township Secretary shall prepare and send
to each party an itemized bill ("mediation invoice") for all mediation
costs. The parties' respective shares shall be remitted to the Township
Secretary within 30 days from the date of the mailing of the mediation
invoice. Where appropriate and where requested by the mediator and
agreed to by the parties, the parties may be required to pay all or
a portion of the projected mediation costs ("projected mediation costs")
in advance of the commencement of the mediation, with adjustments
reflecting the actual mediation costs to be made at the conclusion
of the mediation and paid within 10 days from the date of the mailing
of the mediation invoice.
