[Ord. 5/9/1972, § 1000; as amended by Ord. 12/15/1987; and by Ord. 12/12/1991B, § 25]
1.
Duties. The provisions of this chapter shall be administered and
enforced by the Zoning Officer who shall be appointed by the Township
Supervisors. It shall be the duty of the Zoning Officer and he shall
have the power to:
A.
Receive all applications for zoning and special permits; issue permits
when there is compliance with the provisions of this chapter, other
Township ordinances and the laws of the Commonwealth of Pennsylvania.
B.
Receive all applications for special exceptions and refer these applications
to the Zoning Hearing Board for action thereon.
C.
Following refusal of a permit, receive applications for appeals from
alleged error of the Zoning Officer and variances and forward these
applications to the Zoning Hearing Board for action thereon.
D.
Conduct investigations to determine compliance or noncompliance with
the terms of this chapter.
E.
Order, in writing, correction of all conditions and stoppage of all
work found to be in violation of the provisions of this chapter. The
Zoning Officer, after consultation with the Township Solicitor, or
the Township Solicitor shall issue an enforcement notice which shall
include at least the following:
(1)
Name of the owner of record and any other person against whom
enforcement action is intended.
(2)
Specific location of the property in violation.
(3)
Specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
Date before which steps for compliance must be commenced and
the date before which the steps must be completed.
(5)
Notice that the recipient 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 or as provided in the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq.
(6)
Notice 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 prescribed.
F.
Institute, with the approval of the Township Supervisors, proceedings
with the Magisterial District Judge or courts of proper jurisdiction
for the enforcement of this chapter.
G.
Keep a permanent record of all plans and applications for permits
and all permits issued, with a notation as to conditional uses attached
thereto.
H.
Maintain a map or maps showing the current zoning classification
of all land in the area.
I.
Upon the request of the Planning Commission, Zoning Hearing Board
or Township Supervisors, present to such body facts, records or any
similar information to assist such body in reaching a decision. In
fulfillment of this responsibility, it shall be the duty of the Zoning
Officer to avoid ex parte communications about the case with the members
of the Board hearing the same. Analysis and opinions of the Zoning
Officer, where relevant, shall be presented at the hearing as sworn
testimony, so that all parties may observe and cross-examine.
J.
Prepare and submit, and present, in person if so requested, a monthly
report to the Board of Supervisors on the applications processed,
status of all active cases, litigation and potential litigation, orders
issued, difficulties encountered in the application or interpretation
of this chapter, and such other information as may be appropriate
or requested. If requested, copies shall be provided to the Township
Planning Commission and the Zoning Hearing Board.
2.
Limits of Authority.
A.
The Zoning Officer shall have the authority to issue permits only
for construction and uses which are in accordance with the requirements
of this chapter. Construction and uses which require special exception
or variance shall be issued zoning permits only upon order of the
Zoning Hearing Board. Construction or uses subject to conditional
use approval shall be issued zoning permits only upon order of the
Township Supervisors.
B.
The Zoning Officer shall issue no permits for the construction or
use of any land and buildings unless it conforms to all Township ordinances
and the laws of the Commonwealth of Pennsylvania.
C.
Corrective action and work stoppage orders which involve major corrective
actions or consequences to work stoppage shall be reviewed by the
Township Solicitor and Board of Supervisors in advance of issuance
to the extent practical.
[Ord. 5/9/1972, § 1010; as amended by Ord. 7/6/1979A; by Ord. 12/15/1987; by Ord. 12/12/1991B, § 25; and by Ord. 11/12/1992, § 3]
1.
Permits Required.
A.
Hereafter, except for minor repairs, no structure shall be erected, constructed, reconstructed, extended, moved or razed until a building permit has been secured from the Zoning Officer. Permit requirements for signs are governed by § 27-701(8). Upon completion of changes in use or construction, reconstruction, extension or moving of structures, the applicant shall notify the Zoning Officer of such completion. No work shall be considered complete until the Zoning Officer has noted on the permit that the work and use have been inspected and are in conformity with the provisions of this chapter, and no structure shall be subsequently occupied until an occupancy permit is issued.
B.
Within any floodplain area, a permit shall be required before any
development is undertaken.
2.
Permit Approval.
A.
General.
(1)
If the specifications set forth by the applicant in his application
are in conformity with the provisions of this chapter and all other
applicable statutes, the Zoning Officer shall issue a permit. If a
building permit is refused, the Zoning Officer shall state such refusal,
in writing, with the cause, and shall immediately thereupon mail notice
of such refusal to the applicant at the address indicated on the application.
The Zoning Officer shall grant or deny the permit not later than 90
days following application, except in cases of special exception or
conditional usage where further proceedings are necessary.
(2)
Except upon written order of the Zoning Hearing Board authorizing
a variance, no building permit shall be issued for any structure where
said erection, construction, reconstruction, extension, moving, razing
or use thereof would be in violation of any of the provisions of this
chapter. Moreover, any permit issued in error shall in no case be
construed as waiving any provisions of this chapter. Finally, no permit
shall be issued unless all requirements of the Pennsylvania Department
of Environmental Protection have been fully complied with.
B.
Floodplain. Prior to the issuance of any building permit, the Building
Permit Officer shall review the application for permit to determine
if all other necessary governmental permits such as those required
by state and federal laws have been obtained, including those required
by Act 537, the Pennsylvania Sewage Facilities Act,[1] the Water Obstruction Act of 1913,[2] and the Federal Water Pollution Control Act Amendments
of 1972, Section 404, 33 § U.S.C. 1344. No permit shall
be issued until this determination has been made.
3.
Application Requirements.
A.
General. All applications for zoning permits shall be made in writing
by the owner or authorized agent on a form supplied by the Zoning
Officer and shall be filed with the Zoning Officer. The application
shall include:
(1)
A statement as to the proposed use of the building or land.
(2)
A site layout showing the location, dimensions and height of
proposed structures or uses and any existing buildings in relation
to property and street lines.
(3)
The number, location and design of parking and loading spaces,
if applicable.
(4)
For a proposed cluster development, a site layout showing the
location, dimensions and height of proposed structures or uses to
include total number of dwelling units at full buildout, building
types, building sections, floor plans, building spacing, site sections,
development phasing and schedule, and overall site density calculations.
[Added 9/13/2007]
(5)
For a proposed cluster development, specific written information
describing the nature and extent of common open space, specific site
delineation of common open space, proposal for ownership and maintenance
of common open space and common lands, and proposed permanent conservation
or access easement or deed of dedication language; said easement shall
be in perpetuity.
[Added 9/13/2007]
(6)
For a proposed cluster development, documents in form and substance
satisfactory to the Township, that authorize, but do not require,
the Township, in its sole and absolute discretion, to enter and maintain
such easement lands and facilities and enable the Township to recover
the cost of such work, should the Township choose to do the same,
by placing a lien upon the property.
[Added 9/13/2007]
(7)
For a proposed cluster development, the applicant shall provide
for a covenant running with the land pertaining to the establishment,
collection and remission to the Township, or other entity designated
by the Township, of an annual fee to be used for the maintenance of
the common open space and common lands in an amount sufficient for
such purpose. The proposed fee mechanism shall include provisions
for fee adjustment as may become necessary over time and provisions
for collection of said fee.
[Added 9/13/2007]
(8)
For a proposed cluster development, the entity or homeowners'
association formed to own and maintain common open space shall not
be dissolved nor shall the easement be transferred without the consent
of the Township.
[Added 9/13/2007]
B.
Floodplain.
(1)
If any proposed construction or development is located within,
or partially within, any identified flood-prone area, applicants for
building permits shall also provide the following specific information:
(a)
Proposed lowest floor and basement elevations in relation to
mean sea level, i.e., National Geodetic Vertical Datum of 1929.
(b)
A plan which accurately delineates the identified flood-prone
area, the location of the proposed construction, the location of any
adjacent flood-prone development or structures, and the location of
any existing or proposed subdivision and land development in order
to ensure that:
1)
All such proposals are consistent with the need to minimize
flood damage;
2)
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located, and constructed to minimize or eliminate
flood damage; and
3)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(c)
Such plan shall also include existing and proposed contours;
information concerning one-hundred-year flood elevations, velocities,
and other applicable information such as pressures, impact and uplift
forces, associated with the one-hundred-year flood; size of structures,
location and elevations of streets; water supply and sanitary sewage
facilities; soil types; and floodproofing measures.
(d)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction has been
adequately designed to withstand the one-hundred-year flood elevations,
pressures, velocities, impact, and uplift forces and other hydrostatic,
hydrodynamic and buoyancy factors associated with the one-hundred-year
flood.
(2)
Such statement shall include a description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure.
4.
Life of a Permit. A building permit shall become void six months
from the date it is issued unless substantial expenditures have been
made in reliance thereupon and the benefit from such expenditures
would be lost if the project is not completed or unless the project
is delayed for reasons related to land use litigation or climatic
conditions impacting sewage requirements. Furthermore, even if substantial
expenditures have been made in reliance upon a permit, such permit
shall nonetheless become void if the project is abandoned, and for
this purpose if work on the project is discontinued for a period of
12 months, the project shall be deemed to be abandoned.
[Ord. 5/9/1972, § 1020; as amended by Ord. 12/15/1987; and by Ord. 12/12/1991B, § 25]
1.
Permit Required. No land or buildings shall be changed in use and
no building hereafter erected, constructed, altered or extended shall
be occupied until an occupancy permit shall have been issued by the
Zoning Officer stating that the buildings or proposed uses fully comply
with the provisions of this chapter.
2.
Permit Approval.
A.
In cases where a building permit is required, all occupancy permits
shall be applied for coincident with the application for the building
permit. The permit shall be retained by the Zoning Officer until such
time as the building in question shall have been approved as complying
with the provisions of this chapter; issuance shall not exceed 90
days following approved compliance.
B.
In cases involving establishment of a use upon land or a change of
use upon land or within structures, application for an occupancy permit
alone shall suffice. The Zoning Officer shall grant or deny such use
within 90 days following application, except in cases of special exception
or conditional usage where further proceedings are necessary. If a
permit is denied, the Zoning Officer shall state in writing the cause
for such denial and shall immediately thereupon mail notice of such
denial to the applicant.
3.
Application Requirements. All applications for occupancy permits shall be made in writing by the owner or authorized agent on a form supplied by the Zoning Officer, setting forth information listed in § 27-1001(2) and other data the Zoning Officer may require.
4.
Life of a Permit. An occupancy permit shall become void 180 days
from the date of issuance unless occupancy, use or change of use is
commenced.
[Ord. 5/9/1972; as amended by Ord. 12/15/1987; by Ord. 2/8/1990, § 2; by Ord. 12/12/1991B, § 25; by Ord. 7/10/1997, § 9;
and by Ord. 9/9/2004, §§ 23, 24]
1.
Procedure and Standards.
A.
An application for a conditional use shall be submitted to the Board
of Supervisors.
B.
The application shall be accompanied by a plan for the proposed use.
Such plan shall indicate the location and specification of all buildings,
parking areas, traffic access and circulation drives, open spaces,
landscaping, storm drainage facilities and sewage treatment facilities.
In addition, the plan shall show Tax Map designations and total tract
boundaries of the property, including bearings, distances and a statement
of the total acreage, name and address of all abutting property owners
and zoning data of surrounding properties. The plan shall also contain
any other information that the Board of Supervisors, at its discretion,
may require in order to determine if the proposed conditional use
meets the provisions of this chapter.
C.
Upon receiving an application for a conditional use permit, the Board
of Supervisors shall review the application in conjunction with the
standards set forth in § 27-1003(1)(D) below and shall hold
a public hearing thereon in accordance with the following requirements:
(1)
The Board of Supervisors shall commence a public hearing on
the application within 60 days after its receipt, unless the applicant
has agreed, in writing or on the record, to an extension of time.
The hearing shall be conducted by the Board of Supervisors, or the
Board may appoint any member or an independent attorney as a hearing
officer. A decision shall be made by the Board; provided, however,
that the applicant may, prior to a decision, waive a decision by the
Board and accept a decision of the hearing officer as final. Each
subsequent hearing before the Board or hearing officer shall be held
within 45 days of the prior hearing, unless otherwise agreed to by
the applicant, in writing or on the record. An applicant shall complete
his case-in-chief within 100 days of the first hearing. Upon the request
of an applicant, the Board or hearing officer shall ensure that the
applicant receives at least seven hours of hearings within the 100
days, including the first hearing. Persons opposed to the application
shall complete the presentation of their opposition to the application
within 100 days of the first hearing held after the completion of
the applicant's case-in-chief. An applicant may, upon request,
be granted additional hearings to complete his case-in-chief, provided
the persons opposed to the application are granted an equal number
of additional hearings. Persons opposed to the application may, upon
the written consent or consent on the record by the applicant and
the Township, be granted additional hearings to complete their opposition
to the application, provided the applicant is granted an equal number
of additional hearings for rebuttal.
(2)
Written notice of the hearing shall be given to the applicant
and to all abutting property owners of the proposed conditional use.
(3)
Public notice of the hearing shall also be given.
(4)
Within 45 days after the last public hearing, the conditional
use permit shall be granted or denied. In granting the conditional
use permit, the Board of Supervisors shall be authorized to permit
the use applied for subject to such reasonable conditions as it may
impose. These conditions may include such requirements for improving,
maintaining, operating and screening the conditional use as will protect
the character of the surrounding property.
D.
The following standards shall be applicable to conditional uses:
(1)
The location and size of the use, the nature and intensity of
operations involved and the size of the site in relation to it shall
be in harmony with the orderly development of the District. The location,
nature and height of buildings, walls and fences shall be such as
will not discourage the permitted use of adjacent land and buildings.
(2)
The principal and accessory buildings shall meet all area and
bulk coverage, setback, height, and off-street parking, loading and
unloading, sign and any other regulations applicable to the District
or use, including supplementary regulations.
(4)
Each proposed use shall provide for sewage treatment facilities
which meet or exceed specifications established by the Pennsylvania
Department of Environmental Protection and submit to the Township
evidence of approval from that agency of such a facility and system.
E.
The Board of Supervisors shall request an advisory report from the
Planning Commission. No decision will be made until the report from
the Planning Commission is received or until the Planning Commission
has had such request for 30 days. In the event that the Planning Commission
fails to file its report within 30 days, such application shall be
deemed to be approved by the Planning Commission.
F.
The Board of Supervisors shall notify the applicant for a conditional
use, in writing, of its decision not more than 90 days after the acceptance
of the application.
G.
A conditional use permit shall be issued by the Zoning Officer upon
approval of the Board of Supervisors stating the conditions upon which
the permit was issued. The Board of Supervisors may attach such reasonable
conditions and safeguards, in addition to those specified in this
chapter, as it may deem necessary to implement the purposes of this
chapter.
H.
A conditional use for which a permit is granted by the Board of Supervisors
pursuant to the provisions of this chapter shall be construed a conforming
use.
I.
Conditional Use Decisions.
(1)
The Board of Supervisors shall render a written decision or,
when no decision is called for, make written findings on the conditional
use application within 45 days after the last hearing before the Board
of Supervisors. Where the application is contested or denied, each
decision shall be accompanied by findings of fact or conclusions based
thereon, together with any reasons therefor. Conclusions based upon
any provision of the Pennsylvania Municipalities Planning Code or
of any ordinance, rule or regulation shall contain a reference to
the provision relied on and the reasons why the conclusion is deemed
appropriate in light of the facts found.
(2)
Where the Board of Supervisors fails to render the decision
within the period required by this subsection or fails to hold the
required public hearing within 60 days from the date of the applicant's
request for a hearing, the decision shall be deemed to have been rendered
in favor of the applicant, unless the applicant has agreed in writing
or on the record to an extension of time. When a decision has been
rendered in favor of the applicant because of the failure of the Board
of Supervisors to meet or render a decision as hereinabove provided,
the Board of Supervisors shall give public notice of the decision
within 10 days from the last day it could have met to render a decision
in the same manner as required in the public notice provisions of
this Part. If the Board of Supervisors shall fail to provide such
notice, the applicant may do so.
(3)
Nothing in this subsection shall prejudice the right of any
party opposing the application to appeal the decision to a court of
competent jurisdiction. A copy of the final decision or, where no
decision is called for, of the findings shall be delivered to the
applicant personally or mailed no later than the day following its
date.
J.
In granting a conditional use permit, the Board of Supervisors shall
be authorized to permit the use applied for subject to such reasonable
conditions as it may impose. These conditions may include such requirements
for improving, maintaining, operating and screening the conditional
use as will protect the character of the surrounding property. These
conditions and safeguards cannot be related to off-site transportation
and road improvements.
[Ord. 5/9/1972; as amended by Ord. 12/15/1987; and by Ord. 7/10/1999, § 10]
Fees, in accordance with the Township's current schedule,
shall be paid at the office of the Zoning Officer upon the filing
of an application. Any filing fee paid by a party to appeal an enforcement
notice to the Zoning Hearing Board shall be returned to the appealing
party by the Township if the Zoning Hearing Board, or any court in
a subsequent appeal, rules in the appealing party's favor.
[Ord. 5/9/1972; as added by Ord. 12/12/19918, § 25]
Where disputes arise in regard to this chapter the Township
may offer to participate in a professionally conducted mediation process
pursuant to the Pennsylvania Municipalities Planning Code.
