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.
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:
B. After agreeing to hear a written request of any person, entity, landowner
or the Planning Commission.
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.)
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.