This chapter shall apply throughout the Township of Lower Paxton. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See § 203-103A.
This chapter is hereby adopted:
A.
In accordance with the requirements and purposes (including Sections
604 and 605 or their successor section(s), which are included by reference)
of the Pennsylvania Municipalities Planning Code, as amended;
B.
In accordance with goals and objectives of the Lower Paxton Township
Comprehensive Plan, which are hereby included by reference;
C.
To carry out the following major objectives:
[Amended 11-20-2007 by Ord. No. 07-01]
(1)
To make sure that development carefully relates to natural features,
and to avoid overly intense development of environmentally sensitive
land;
(2)
To minimize disturbance of creek valleys and steep woodlands;
(3)
To avoid overextending groundwater supplies, and to encourage
groundwater recharge;
(4)
To protect the quality of groundwater and surface waters;
(5)
To promote traditional styles of development;
(6)
To promote compatibility between land uses;
(7)
To seek coordinated development and roads across municipal borders;
(8)
To provide for a variety of residential densities and meet legal
obligations to provide opportunities for all housing types;
(9)
To encourage rehabilitation and avoid demolition of historic
buildings;
(10)
To direct higher density development to areas that are physically
suitable, accessible by major roads and that have the potential of
central water and sewage services;
(11)
To coordinate development with future central water and sewage
service areas;
(12)
To direct industrial development to locations that will minimize
conflicts with homes;
(13)
To direct commercial businesses to existing commercial areas,
while avoiding new strip commercial areas that would cause traffic
congestion and safety problems and conflicts with homes;
(14)
To promote new business development in appropriate areas that
will provide additional tax revenue and job opportunities; and
(15)
To promote public health, safety and general welfare.
A.
Applicability.
(1)
Any of the following activities or any other activity regulated
by this chapter shall only be carried out in conformity with this
chapter:
(2)
Zoning permit. A zoning permit indicates that a zoning application
complies with this chapter to the best knowledge of the applicable
Township staff.
(a)
A zoning permit is required to be issued prior to the start
of any of the following activities:
[1]
Erection, construction, movement, placement, relocation or expansion
of a structure, building or sign;
[2]
Change of the type of use or expansion of the use of a structure
or area of land;
[3]
Creation of a new use;
[4]
Demolition of a building, or partial demolition of the exterior
of a building;
[6]
Excavation or grading in preparation for the construction of
a building or a change in use of a property; and/or
[7]
Construction or installation of any animal waste impoundment,
lake, pond, dam or other water retention basin.
(b)
The Township may, at its option, issue combined or separate
building permits and zoning permits and/or may utilize single or separate
applications for the permits.
(3)
Certificate of occupancy.
(a)
It shall be unlawful to use and/or occupy any new principal
building or establish any new or replacement principal nonresidential
use until a certificate of occupancy for such building or use has
been issued by the Township staff. (Note - A certificate of occupancy
may also be required in additional situations under the Construction
Codes.)
(b)
The Zoning Officer may require that the issuance of the certificate
of occupancy be delayed if the Zoning Officer believes that the activity,
structure or use is not in compliance with this chapter and associated
zoning approvals, until such time as compliance is achieved.
(c)
The applicant shall keep a copy of the certificate of occupancy
available for inspection.
(d)
Upon the request of an applicant, the Zoning Officer may, in
writing, allow a temporary occupancy or activity to occur before all
zoning requirements have been met where the following conditions are
met:
[1]
The applicant shall prove to the Township that the activity
or occupancy can occur safely without endangering public health or
safety.
[2]
The temporary approval shall establish in writing a maximum
time period under which it is valid. A six-month maximum time period
shall apply if not otherwise specified.
[3]
Failure to receive a permanent certificate of occupancy within
such time period shall be a violation of this chapter.
[4]
The temporary approval may be conditioned upon compliance with
certain specific requirements within certain time periods.
B.
Repairs and maintenance. Ordinary repairs and maintenance to existing
structures that do not involve an expansion or change of a use or
structure shall not by itself be regulated by this chapter. Examples
of such work include replacement of a roof or porch that does not
involve enclosure of space. (However, a construction permit under
any Township Building Code may be needed for such work.)
C.
Types of uses.
(1)
Permitted by right uses. The Zoning Officer shall issue a permit
under this chapter in response to an application for a use that is
"permitted by right" if it meets all of the requirements of this chapter.
(2)
Special exception use or application requiring a variance. A
permit under this chapter for a use requiring a special exception
or variance shall be issued by the Zoning Officer only in response
to a written approval by the Zoning Hearing Board following a hearing.
D.
Applications.
(1)
Submittal. All applications for a zoning permit or a decision
by the Zoning Hearing Board shall be made in writing on a form provided
by the Township. Such completed application, with required fees, shall
be submitted to a designated Township staff person.
(2)
Site plan. The applicant shall submit a minimum of two copies
of a site plan with the application if the application involves a
new building, expansion of a building or addition of three or more
parking spaces. The site plan shall be drawn to scale and show the
following:
(a)
Locations, dimensions and uses of existing and proposed structures,
parking and loading areas, and locations of existing and proposed
uses of areas of land, with existing features clearly distinguished
from proposed features;
(b)
Notes showing the dimensions of all buildings from lot lines
and street rights-of-way;
(c)
Locations of any watercourses and any 100-year floodplain;
(d)
Proposed lot areas, lot widths and other applicable dimensional
requirements;
(e)
Locations and widths of existing and proposed sidewalks;
(f)
A North arrow and scale; and
(3)
Additional information. Any application under this chapter shall
include the following information, unless the Zoning Officer determines
such information is unnecessary to determine compliance with this
chapter:
(a)
The address of the lot;
(b)
Name and address of the applicant, and of the owner of the property
if different from the applicant;
(c)
If the applicant is not the landowner of record, information
shall be presented with the application, such as an agreement of sale
or lease, to demonstrate that the applicant has the legal right to
make the application;
(d)
A current deed for the property;
(e)
A description of the existing and proposed use(s) of the property,
with the proposed use described in sufficient detail for the Zoning
Officer to determine compliance with this chapter;
(f)
All other applicable information listed on the official Township
application form;
(g)
If the applicant is incorporated, the legal names and day telephone
numbers of officers of the organization/corporation;
(h)
Such additional information that the Zoning Officer may determine
is reasonably necessary to determine compliance with this chapter;
and
(i)
A listing of all conditional uses, special exception approvals
and/or variances which the applicant is requesting and/or a description
with a date of any such approvals that were previously granted for
this property that relate to this application.
(4)
Submittals to the Board. In addition to the information listed in Subsection D(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:
(a)
The present zoning district and major applicable lot requirements;
(b)
For a nonresidential use:
[1]
A description of the proposed nonresidential operations and
storage in sufficient detail to indicate potential nuisances and hazards
regarding noise, large truck traffic, glare, odors, dust, fire or
toxic or explosive hazards or other significant public health and
safety hazards,
[2]
A list of the maximum hours of operation;
(c)
The existing directions of stormwater flow (and any proposed
revisions), and any proposed methods of stormwater management;
(d)
A listing of any sections of this chapter being appealed, with
the reasons for any appeal;
(e)
Approximate locations of principal buildings and locations of
streets and alleys and zoning district boundaries within 100 feet
of the boundaries of the tract, and description of uses of adjoining
properties (such as "drugstore" or "single-family detached dwelling");
(f)
Heights, locations, methods of illumination and intensity of
exterior lighting and sign lighting;
(g)
Name and address of person who prepared the site plan;
(h)
Signed acknowledgment of the application by the applicant; and
(i)
Such additional information required under applicable sections
of this chapter.
E.
Issuance of permits.
(1)
At least one copy of each permit application and any other zoning
approval shall be retained in Township files.
(2)
PennDOT permit. Where necessary for access onto a state road,
a Township zoning or building permit shall be automatically conditioned
upon issuance of a PennDOT highway occupancy permit.
F.
Revocation of permits; appeal of permit or approval.
(1)
Revocation. The Zoning Officer shall revoke, withhold or suspend
a permit or approval issued under the provisions of this chapter in
case of one or more of the following:
(a)
Any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based; (Note:
The Pennsylvania Criminal Code provides for penalties for providing
false information to a municipal employee in the carrying out of his/her
duties.)
(b)
Upon violation of any condition lawfully imposed by the Zoning
Hearing Board upon a special exception use or variance;
(c)
Any work being accomplished or use of land or structures in
such a way that does not comply with this chapter or an approved site
plan or approved permit application; and/or
(d)
For any other just cause set forth in this chapter.
(2)
Appeals. A party with legitimate standing, or as otherwise provided
by State law, may appeal decisions under this chapter within the provisions
of the State Municipalities Planning Code.[1] Any such appeal shall occur within the time period established
in the State Municipalities Planning Code (as of the adoption date
of this chapter, such provisions were in Sections 914.1 and 1002.A).
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
Zoning permit for temporary uses and structures.
(1)
A zoning permit for a temporary use or structure may be issued
by the Zoning Officer for any of the following:
(a)
A temporary permit may be issued for customary, routine and
accessory short-term special events, provided that:
[1]
Only a well-established nonprofit organization or a permitted
place of worship proposing a temporary use to clearly primarily serve
a charitable, public service or religious purpose shall be eligible
to receive approval for commercial-type activities in a district where
a commercial use would not otherwise be permitted;
[2]
Such total events shall be limited to a maximum of 10 total
days per calendar year; and
[3]
The applicant shall prove to the Zoning Officer that sufficient
parking and traffic control will be available for the special event,
without obstructing parking that is required to serve other uses on
the site.
(b)
A temporary permit may be issued for temporary storage and office
trailers that are necessary to serve on-site construction, while such
construction is actively underway under a valid Township permit.
(c)
In addition, Christmas tree sales shall be allowed by right
in all districts during the months of November and December.
(2)
Time period. The Zoning Officer shall state a reasonable maximum
time period on the temporary permit. If no time limit is stated, then
a seven-day maximum period shall apply. A temporary permit may be
renewed for just cause.
(3)
Temporary retail sales. Except as provided for in Subsection G(1)(a) above, and except for agricultural sales allowed by § 203-306, a lot shall only be used for temporary retail sales if all of the following conditions are met:
(a)
The property shall be located within a zoning district that
allows retail sales.
(b)
The operator shall have received any business permits required
by the Township.
(c)
No off-street parking spaces shall be obstructed that are required
to serve permanent uses on the lot.
(d)
Any signs visible from a public street shall comply with this
chapter.
(e)
If food or beverages are sold that are not prepackaged, the
applicant shall prove compliance with state health regulations, including
having on-site facilities for workers to wash their hands. Proper
bathroom facilities shall also be available for workers.
(f)
Any structure shall meet applicable minimum setbacks.
(g)
A permit under this chapter shall be required from the Township,
which shall be displayed while the activity is open for business.
(h)
The application may be rejected if the Zoning Officer has reason
to believe that the activity would obstruct safe sight distances.
(i)
Applicable state highway occupancy permit requirements shall
be met.
(j)
A plan shall be submitted showing the location of the use on
the site.
H.
Compliance with Township Subdivision and Land Development Ordinance.
If a application under this chapter would also be regulated by the
Township Subdivision and Land Development Ordinance ("SALDO"), then
any permit or approval under this chapter shall automatically be conditioned
upon compliance with the SALDO. See the definitions of "land development"
and "subdivision" in the SALDO.
(1)
For example, if an applicant applies for a single-family detached
dwelling on a proposed new lot, the construction permit for such dwelling
shall not be valid until after the lot is granted final subdivision
approval and the lot is officially recorded by the County Recorder
of Deeds.
B.
After the permit under this chapter has been issued, the applicant
may undertake the action specified by the permit, in compliance with
other Township ordinances. However, it is recommended that applicants
wait 30 days to begin construction if there is a possibility of an
appeal by another party to have the permit revoked. Any commencement
of construction or a use within this thirty-day appeal period shall
be at the risk of the applicant.
A.
Minimum requirements. Where more than one provision of this chapter
controls a particular matter, the provision that is more restrictive
upon uses and structures shall apply. The provisions of this chapter
are in addition to any other applicable Township ordinance.
B.
Uses not specifically regulated. If a use clearly is not permitted
by right, as a conditional use, or as a special exception use by this
chapter within any zoning district, the use is prohibited, except
that the Board of Supervisors may permit such use as a conditional
use if the applicant specifically proves to the clear satisfaction
of the Board of Supervisors that all of the following conditions would
be met:
(1)
The proposed use would be no more intensive with respect to
external impacts and nuisances than uses that are permitted in the
district;
(2)
The proposed use would be closely similar in impacts and character to uses permitted in that district, considering the standards in § 203-805F;
(4)
The use is not specifically prohibited in that district.
C.
Interpretation of ordinance text and boundaries.
(1)
The Zoning Officer shall literally apply the wording of this
chapter and the location of all district boundaries to particular
applications. In any case, the Zoning Officer may also request an
advisory opinion from the Township Solicitor to aid in the Zoning
Officer's determination.
All of the enforcement, violations and penalty provisions of
the State Municipalities Planning Code, as amended, are hereby incorporated
into this chapter by reference. (Note: As of the adoption date of
this chapter, these provisions were primarily in Sections 616.1, 617
and 617.2 of such Act.)
A.
Violations. Any person who shall commit or who shall permit any of
the following actions violates this chapter:
(1)
Failure to secure a zoning permit prior to any of the following:
a change in use of land or structure, or the erection, construction
or alteration of any structure or portion thereof, or the placement
of a sign, or a change in the area of a use or the land coverage or
setback of a use, or the excavation or grading of land to prepare
for the erection, construction or alteration of any structure or portion
thereof;
(2)
Placement of false statements on or omitting relevant information
from an application for a zoning permit;
(3)
Undertaking any action in a manner which does not comply with
a zoning permit;
(4)
Violation of any condition imposed by a decision of the Zoning
Hearing Board in granting a variance or special exception or other
approval;
(5)
Violation of any condition imposed by a decision of the Board
of Supervisors in granting a conditional use or other approval; or
(6)
Violation of any condition imposed by a decision of a court
of competent jurisdiction, where such court has granted zoning approval
with conditions.
B.
Enforcement notice. If the Township has reason to believe that a
violation of a provision of this chapter has occurred, the Township
shall initiate enforcement proceedings by sending an enforcement notice
as provided in Section 616.1 of the State Municipalities Planning
Code. Prior to sending an official enforcement notice, the Zoning
Officer may, at his/her option, informally request compliance.
C.
Time limits. An official enforcement notice shall state the deadline
to complete bringing the property into compliance with this chapter
and shall state that the applicant has 30 days from the receipt of
the notice to appeal to the Zoning Hearing Board.
D.
Enforcement, penalties and remedies. The causes of action and enforcement
remedies provisions of the State Municipalities Planning Code, as
amended, are hereby incorporated by reference. (Note: As of the adoption
date of this chapter, such provisions were primarily in Section 617
and 617.2 of such law.)
(1)
Violations and penalties. Any person, partnership, corporation
or other entity who has violated or permitted the violation of the
provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $500 plus all court costs, including the
reasonable attorneys' fees incurred by the Township as a result thereof.
No judgment shall commence or be imposed, levied or be payable until
the date of the determination of a violation by the District Justice.
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 a District Justice, determining that
there has been a violation, further determines that there was a good-faith
basis for the person violating this chapter to have believed that
there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the District Justice,
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorneys'
fees collected for the violation of this chapter shall be paid over
to the Township for the general use of the Township. Imprisonment
is not authorized under this chapter.
(2)
Remedies. In case any building, structure, sign or landscaping
is erected, constructed, reconstructed, altered, repaired, converted,
maintained or used or any land is used or activity conducted in violation
of this chapter or any of the permits issued under this chapter or
any conditions imposed upon the grant of a special exception or variance
by the Zoning Hearing Board or upon the grant of a conditional use,
then, in addition to any other remedies provided by law, the Board
of Supervisors may institute any appropriate action or proceeding
to prevent, restrain, correct or abate such building, structure, landscaping,
use or activity or to prevent, in and about such premises, any act,
conduct, business or use constituting a violation.
E.
Enforcement evidence. In any appeal of an enforcement notice to the
Zoning Hearing Board, the Township shall have the responsibility of
presenting its evidence first.
A Township fee schedule for permits and applications may be
established and amended by written resolution of the Board of Supervisors.
No application or appeal shall be considered filed until all fees
are paid.
Within the requirements of the State Municipalities Planning
Code, the Board of Supervisors may amend, or repeal any or all portions
of this chapter:
The applicable provisions of the State Municipalities Planning
Code shall apply. (Note: As of the adoption date of this chapter,
these provisions were primarily in Sections 609.1, 609.2 and 916.1
of such Act.)
A.
Appointment. The Zoning Officer(s) shall be appointed by the Township
Manager. The Board of Supervisors may designate other Township staff
persons to serve as Assistant Zoning Officer(s). Assistant Zoning
Officers may serve with the same authority and duties as the Zoning
Officer. The Zoning Officer shall not hold any elective office within
the Township but may hold other appointed offices.
B.
Duties and powers. The Zoning Officer's duties and powers shall include
the following:
(1)
Administer this chapter in accordance with its literal terms,
including to receive and examine all applications required under the
terms of this chapter, and issue or refuse permits within the provisions
of this chapter;
(2)
Conduct inspections to determine compliance, and receive complaints
of violation of this chapter;
(3)
Keep records of applications, permits, certificates, written
decisions, and variances granted by the Zoning Hearing Board, and
of enforcement orders, with all such records being the property of
the Township and being available for public inspection;
(4)
Review proposed subdivisions and land developments for compliance
with this chapter;
(5)
Take enforcement actions as provided by the State Municipalities
Planning Code, as amended;
(6)
Maintain available records concerning nonconformities, provided
that the Township is not required to document every nonconformity;
and
(7)
Serve such other functions as are provided in this chapter.
A.
Membership of Board. The Zoning Hearing Board shall consist of five
residents of the Township appointed by the Board of Supervisors. The
existing terms of office shall continue, with terms of office being
three years, and with the terms being so fixed that the term of office
of at least one member shall expire each year. Members of the Board
shall hold no other office in the Township.
(1)
Alternate members. The Board of Supervisors may appoint alternate
members of the Zoning Hearing Board within the applicable provisions
of the State Municipalities Planning Code. (Note: As of the adoption
date of this chapter, such provisions were in Section 903(b) of such
Act.)
(2)
Expenditures. Within the maximum amount of funds appropriated
by the Board of Supervisors, the Zoning Hearing Board may employ or
contract for secretaries, legal counsel, and other technical and clerical
services. Members and alternate members may receive compensation,
within limits established by the Board of Supervisors, for the performance
of their duties.
B.
Vacancies. Appointments to fill vacancies shall be only for the unexpired
portion of a term.
C.
Organization. The applicable provisions of the State Municipalities
Planning Code, as amended, shall apply. (As of the adoption date of
this chapter, these provisions were in Sections 906(a), (b) and (c)
of such Act.)
D.
Zoning hearing board jurisdiction and functions. The Zoning Hearing
Board shall be responsible for the following:
(1)
Appeal of a decision by the Zoning Officer.
(2)
Challenge to the validity of the ordinance or map. The applicable
provisions of the State Municipalities Planning Code, as amended,
shall apply. (Note: As of the adoption date of this chapter, these
provisions were primarily in Sections 909.1 and 916 of such Act.)
(3)
Variance.
(a)
The Board shall hear requests for variances filed with the Township
staff in writing.
(b)
Standards. The Board may grant a variance only within the limitations
of state law.
|
(Note: As of the adoption date of this chapter, the
Municipalities Planning Code provided that all of the following findings
must be made, where relevant:
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i)
|
There are unique physical circumstances or conditions
(including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical or other physical conditions peculiar
to the particular property) and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located;
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ii)
|
Because of such physical circumstances or conditions,
there is no possibility that the property can be developed in strict
conformity with the provisions of the Zoning Ordinance and a variance
is therefore necessary to enable the reasonable use of the property;
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iii)
|
Such unnecessary hardship has not been created by the
appellant;
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iv)
|
The variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located, nor substantially or permanently impair the appropriate use
or development of adjacent property, nor be detrimental to the public
welfare; and
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v)
|
The variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulation in issue.)
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(c)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this chapter.
(4)
Special exception.
(a)
The Board shall hear and decide requests for all special exceptions filed with the Township staff in writing. The Board shall only permit a special exception that is authorized by this chapter. See § 203-116.
(b)
Conditions. In granting a special exception, the Zoning Hearing
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 and intent of this chapter.
(5)
Persons with disabilities. After the Zoning Officer receives
a complete written application, the Zoning Hearing Board shall grant
a special exception allowing modifications to specific requirements
of this chapter that the applicant proves to the satisfaction of the
Zoning Hearing Board are required under applicable federal law to
provide a "reasonable accommodation" to serve persons who the applicant
proves have "disabilities" as defined in and protected by such laws.
(a)
Such reasonable accommodations shall be requested in accordance
with the United States Fair Housing Act Amendments and/or the Americans
with Disabilities Act, as amended.
(b)
If the applicant is requesting a reasonable accommodation under
the United States Fair Housing Amendments Act of 1988 or the Americans
with Disabilities Act, the applicant shall identify the disability
which is protected by such statutes, the extent of the modification
of the provisions of this chapter necessary for a reasonable accommodation,
and the manner by which the reasonable accommodation requested may
be removed when such person(s) with a protected disability no longer
will be present on the property.
(c)
Any modification approved under this section may be limited
to the time period during which the persons with disabilities occupy
or utilize the premises.
(6)
The Zoning Hearing Board shall also hear any other matters as
set forth in the State Municipalities Planning Code, as amended. (Note:
As of the adoption date of this chapter, such provisions were primarily
within Section 909.1 of such law.) The Zoning Hearing Board also may
hear appeals of other matters if authorized under a separate Township
ordinance. (Note: As of the adoption date of this chapter, the Zoning
Hearing Board also heard appeals of the Property Maintenance Code.)
E.
Time limits for appeals. The applicable provisions of the State Municipalities
Planning Code, as amended, shall apply. (Note: As of the adoption
date of this chapter, these provisions were in Section 914.1 of such
Act.)
F.
Stay of proceedings. The stay of proceedings provisions of the State
Municipalities Planning Code, as amended, shall apply. (Note: As of
the adoption date of this chapter, such provisions were in Section
915.1 of such Act.)
G.
Time limits on permits and approvals.
(1)
After a variance is approved or other zoning approval (such
as special exception or conditional use approval) is officially authorized,
then any applicable zoning and building permits shall be secured by
the applicant within 12 months after the date of such approval or
authorization. The work authorized by zoning permits shall then be
completed within 12 months after the issuance of the permits.
(a)
However, if a variance is approved to address a violation of
this chapter, then the permit shall be acquired and the work completed
within six months after the variance is approved, with no further
time extension.
(2)
Extension. In response to an applicant stating good cause in
writing, the Zoning Officer may extend in writing the time limit for
completion of work to a maximum total of 24 months after permits are
issued.
(3)
If an applicant fails to obtain the necessary permits or begin
construction within the above time periods, or allows interruptions
in substantial construction of longer than 12 months, the Zoning Officer
shall conclusively presume that the applicant has waived, withdrawn
or abandoned approvals, variances and permits under this chapter,
and all such approvals, variances and permits shall be deemed automatically
rescinded by the Township.
H.
Multiple applications. No more than one application for the same
property shall be pending before the Zoning Hearing Board for special
exception approval at any time.
The following requirements shall apply to procedures, hearings
and decisions of the Zoning Hearing Board.
A.
Notice of hearings. Notice of all hearings of the Board shall be
given as follows:
(1)
Ad. Public notice shall be published, as defined by Section
107 of the State Municipalities Planning Code. The notice shall state
the time and place of the hearing and the particular nature of the
matter to be considered.
(2)
Posting. Notice of such hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing.
The Township staff shall post the property. It is the responsibility
of the applicant to make sure that such notice remains posted until
the hearing.
(3)
Persons given notice. The Township shall provide written notice
to the applicant of the time and place of the hearing. The Township
should also provide notice to the Chairperson of the Board of Supervisors.
Also, such notice shall be given to any other person or group (including
civic or community organizations) who has made a written timely request
for such notice. Any such notices should be mailed or delivered to
the last known address.
B.
Initiation of hearings. A hearing required under this chapter shall
be initiated within 60 days of the date of an applicant's request
for a hearing, unless the applicant has agreed in writing to an extension
of time.
C.
Decision/findings.
(1)
The Board shall render a written decision on each application
within 45 days after the last hearing on that application before the
Board, unless the applicant has agreed in writing to an extension
of time.
(2)
Where the application is contested or denied, the decision shall
be accompanied by findings of fact and conclusions based thereon,
together with the reasons for such conclusions.
(3)
References shall be provided to the most pertinent section(s)
of this chapter and/or the State Municipalities Planning Code.
D.
Notice of decision. A copy of the final decision shall be delivered
or mailed to the applicant or his/her representative at their last
known address not later than the time limit established by the State
Municipalities Planning Code, as amended. (Note: As of the adoption
date of this chapter, such provisions were within Sections 908(9)
and 908(10) of such Act, including provisions regarding notice to
other parties.)
E.
See also Section 908 of the Pennsylvania Municipalities Planning
Code.
The provisions for appeals to court that are stated in the State
Municipalities Planning Code, as amended, shall apply. (Note: As of
the adoption date of this chapter, these provisions were in Sections
1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006- A of such Act.)
See the provisions of the State Municipalities Planning Code,
as amended. (Note: As of the adoption date of this chapter, such provisions
were within Section 619 of such Act.)
This chapter shall not apply to uses or structures owned by
Lower Paxton Township or by a municipal authority created solely by
Lower Paxton 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.
A.
Purpose. The special exception process is designed to allow careful
review of uses that have some potential of conflicts with adjacent
uses or areas.
B.
Special exception procedure.
(1)
A site plan shall be submitted, which shall contain the information required in § 203-103D. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a special exception is approved.
(2)
The Zoning Officer should provide a review to the Zoning Hearing
Board regarding the compliance of the application with this chapter.
(4)
The Township staff should offer a special exception application
to the Township Planning Commission for any advisory review that the
Commission may wish to provide. However, the Zoning Hearing Board
shall meet the time limits of state law for a decision, regardless
of whether the Township Planning Commission has provided comments.
(5)
Time limits. See Section 908 of the State Municipalities Planning
Code.
C.
Consideration of special exception applications. When special exceptions
are allowed by this chapter, the Zoning Hearing Board shall hear and
decide requests for such special exceptions in accordance with standards
established by this chapter, including the following:
(1)
Compliance with this chapter. The applicant shall establish
by credible evidence that the application complies with all applicable
requirements of this chapter. The applicant shall provide the Board
with sufficient plans, studies or other data to demonstrate this compliance.
(2)
Compliance with other laws. The approval may be conditioned
upon the applicant later showing proof of compliance with other specific
applicable Township, state and federal laws, regulations and permits.
Required permits or other proof of compliance may be required to be
presented to the Township prior to the issuance of any zoning permit,
building permit, certification of occupancy and/or recording of an
approved plan.
(3)
Traffic. The applicant shall establish that the traffic from
the proposed use will be accommodated in a safe and efficient manner
that will minimize hazards and congestion, after considering any improvements
proposed to be made by the applicant as a condition on approval.
(4)
Site planning. The application shall include proper site layout,
internal circulation, parking, buffering, and all other elements of
proper design as specified in this chapter.
(5)
Neighborhood. The proposed use shall not substantially change
the character of any surrounding residential neighborhood, after considering
any proposed conditions upon approval such as limits upon hours of
operation.
(6)
Safety. The proposed use shall not create a significant hazard
to the public health and safety, such as fire, toxic or explosive
hazards.
(7)
Natural features. The proposed use shall be suitable for the
site, considering the disturbance of steep slopes, mature woodland,
wetlands, floodplains, springs and other important natural features.
D.
Conditions. In granting a special exception, the Board may require
such reasonable conditions and safeguards (in addition to those expressed
in this chapter) as it determines are necessary to implement the purposes
of this chapter. Conditions imposed by the Zoning Hearing Board shall
automatically become conditions of the building permit issued pursuant
thereto, and any failure to comply with said conditions shall be a
violation of this chapter.
A.
Purpose. The conditional use approval process is designed to allow
the Board of Supervisors to review and approve certain uses that could
have significant impacts upon the community and the environment.
B.
Procedure. The Board of Supervisors shall consider the conditional
use application and render its decision in accordance with the requirements
of the State Municipalities Planning Code.
(1)
Submittal. A site plan shall be submitted, which shall contain the information listed in § 203-103D. Detailed site engineering (such as stormwater calculations and profiles) are not required at the conditional use stage. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a conditional use is approved. Or, an applicant may voluntarily choose to submit a subdivision or land development plan for review at the same time as a conditional use application.
(2)
Reviews.
(a)
The Zoning Officer should provide a review to the Board regarding
the compliance of the application with this chapter.
(b)
The Township staff shall submit a conditional use application
to the Planning Commission for any review that the Commission may
wish to provide. However, the Board of Supervisors shall meet the
time limits for a decision, regardless of whether the Planning Commission
has provided comments.
(3)
The only uses that shall be approved as conditional uses shall be those listed as conditional uses in Article III.
(4)
Time limit. See Section 913.2 of the State Municipalities Planning
Code.
C.
Consideration of conditional use application. The Board of Supervisors shall determine whether the proposed conditional use would meet the applicable requirements of this chapter. The same standards shall apply to a conditional use as are listed in § 203-116C for a special exception use.
D.
Conditions. In approving conditional use applications, the Board
of Supervisors may attach conditions they consider necessary to protect
the public welfare and meet the standards of this chapter. These conditions
shall be enforceable by the Zoning Officer and failure to comply with
such conditions shall constitute a violation of this chapter and be
subject to the penalties described in this chapter.
A.
Any review of activity within the floodplain, site plan review, subdivision
or land development approval, erosion control review, wetland delineation
review, stormwater runoff review, review of activity on steep slopes,
or any other review, approval or permit under this chapter by an officer,
employee, board, commission, solicitor, consultant or agency of the
Township shall not constitute a representation, guarantee or warranty
of any kind by the Township, or its employees, officials, boards,
solicitor(s), consultants or agencies, of the practicality or safety
of any structure, use or subdivision, and shall create no liability
upon nor a cause of action against such entity or person for any damage
that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under this chapter,
the Township shall not be liable for any later lawful withdrawal of
such permit.
