A.
Zoning permits.
(1)
) The requirements set forth in this article and elsewhere in this chapter, in addition to those under Chapter 180, Construction Codes, and Chapter. 235, Floodplain Management, must be complied with to obtain a zoning permit from the Zoning Officer for the erection, construction, reconstruction, enlargement, alteration, moving, demolition or change of use of a structure or land before such new structure or use or change of use is occupied or established except for the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
Completely detached accessory building less than 200 square
feet in gross floor area, except in the floodplain.
(b)
Alterations when there is no increase in gross floor exterior
dimension, no structural change, and no change in use, including new
facing, replacement siding, replacement gutters/downspouts, etc.
(c)
General maintenance work.
(d)
Painting and finishes.
(e)
Crops, gardening, except in the floodplain..
(f)
Landscaping and ornamental fountains (including incidental structures
such as flagpoles, birdhouses, ornamental windmills, etc.), except
within the floodplain.
(g)
Constructing fences (under six feet high), terraced hillside/landscaping
improvements, steps, noncommercial TV antennas or other similar features,
as well as residential signs, except within the floodplain.
(h)
Surfacing or resurfacing existing driveways, parking areas,
etc., unless the stone or paving is expanded and/or relocated.
(2)
Work on the proposed construction and/or development shall begin
within six months and shall be completed within 12 months after the
date of issuance of the zoning/building permit or the permit shall
expire unless a time extension is granted, in writing, by the Zoning
Officer. Time extensions shall be granted only if a written request
is submitted by the applicant, which sets forth sufficient and reasonable
cause for the Zoning Officer to approve such a request. The permit
application must be accompanied by a site plan including, but not
limited to the following information, as necessary to demonstrate
conformity to this chapter:
(a)
Lot. The location and dimensions of the lot.
(b)
Streets. Names and widths of abutting streets and highways.
(c)
Structures and yards. Locations, dimensions, and uses of existing
and proposed structures and yards on the lot and, as practical, of
any existing structures within 100 feet of the proposed structure
but off the lot.
(d)
Wells and septic systems. Locations of existing on-site water
wells and septic systems on the lot and, if served by such facilities.
(e)
Improvements. Proposed off-street parking and loading areas,
access drives, and walks. Proposed sewage disposal system.
(3)
The North point must be shown on all site plans.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
The applications for a zoning/building permit must include a
statement of the intended use and any existing use of the structure
or land. The permit continues in effect as long as the use of the
structure or land for which it is granted conforms with this chapter.
B.
Use and occupancy certificates. A use and occupancy certificate,
certifying compliance with this chapter must be obtained from the
Zoning Officer for any new structure as stated below or for any change
of use of a structure or land as set forth below before such new structure
or use or change of use is occupied or established:
(1)
Use of a structure erected, structurally altered or extended,
or moved after effective date of this chapter.
(2)
Any change in a conforming use of a structure or land.
(3)
Any change from a nonconforming use of a structure or land to
a conforming use.
(4)
Any change in the use of a structure or land from that permitted
by any variance of the Zoning Hearing Board. The applications for
a use and occupancy certificate must include a statement of the intended
use and any existing use of the structure or land. The certificate
continues in effect as long as the use of the structure or land for
which it is granted conforms to this chapter.
A.
Appointment and powers. For the administration of this chapter, a
Zoning Officer, who shall not hold any elective office in the Township,
shall be appointed by the Board of Supervisors. The Zoning Officer
shall meet qualifications established by the Township and shall be
able to demonstrate to the satisfaction of the Township a working
knowledge of municipal zoning. The Zoning Officer shall administer
this chapter in accordance with its literal terms, and shall not have
the power to permit any construction or any use or change of use which
does not conform to this chapter. The Zoning Officer is the Enforcement
Officer for this chapter. The Zoning Officer issues all zoning/building
permits, use and occupancy certificates, and at direction of the Zoning
Hearing Board, special exceptions and variances. The Zoning Officer
shall identify and register nonconforming uses and nonconforming structures
together with the reasons why they were identified as nonconformities.
The Zoning Officer may conduct inspections and surveys to determine
compliance or noncompliance with the terms of this chapter with consent
of the owner.
C.
Transmittal of papers. Upon receipt of an application for a special
exception, variance, or a notice of appeal, the Zoning Officer must
transmit to the Secretary of the Zoning Hearing Board and to the Township
Planning Commission, copies of all papers constituting the record
upon the special exception, variance, or appeal.
D.
Action on zoning/building permits. Within 10 business days, except
for holidays, after receipt of an application for a zoning/building
permit, the Zoning Officer must grant or refuse the permit. If the
application conforms to the applicable requirements of the Building
Permit Ordinance[1] and this chapter, the Zoning Officer must grant a permit.
If the permit is not granted, the Zoning Officer must state in writing
the grounds of refusal.
E.
Action on use and occupancy certificates. Within 10 days, except
for holidays, after receipt of an application for a use and occupancy
certificate, and upon receipt of all other applicable approvals, the
Zoning Officer must issue or deny the certificate. If the application
and intended use conform to the applicable requirements of the Building
Permit Ordinance[2] and this chapter, the Zoning Officer must grant a certificate.
If the certificate is not granted, the Zoning Officer must state in
writing the reasons for the denial.
F.
Revoking permits/approvals. The Zoning Officer shall revoke a permit
or approval issued under the provisions of this chapter in the case
of any false statement or misrepresentation of a fact in an application
or on the plans on which the permit or approval was based. Any permit
issued in error shall in no case be construed as waiving any provision
of this chapter and such permit may be revoked.
G.
Enforcement. Upon determining that a violation of any of the provisions
of this chapter exists, the Zoning Officer must send an enforcement
notice 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. An enforcement notice
shall state at least the following:
(1)
The name of the owner of record and any other person against
whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of the chapter.
(4)
The date before which the steps for compliance must be commenced
(within 15 days of issuance of notice) and the date before which the
steps must be completed (within 45 days of issuance of notice).
H.
Records.
(1)
The Zoning Officer must keep record of:
(a)
All applications for zoning/building permits, use and occupancy
certificates, special exceptions and variances and all actions taken
on them, together with any conditions imposed by the Zoning Hearing
Board.
(b)
All complaints of violations of provisions of this chapter and
the action taken on them.
(c)
All plans submitted.
(d)
Nonconforming uses and nonconforming structures.
(2)
All such records and plans shall be available for public inspection.
A.
The Board of Supervisors may from time to time amend, supplement
or repeal any of the regulations and provisions of this chapter.
B.
Public hearing(s). Before voting on the enactment of an amendment,
the Board of Supervisors shall hold a public hearing thereon, pursuant
to public notice, and pursuant to mailed notice and electronic notice
if applicable per 53 P.S. § 10109. In the case of an amendment
other than that prepared by the Planning Commission, the Board of
Supervisors shall submit each such amendment to the Planning Commission
at least 30 days prior to the hearing on such proposed amendment to
provide the Planning Commission an opportunity to submit recommendations.
If after any public hearing held upon an amendment, the proposed amendment
is changed substantially, or is revised, to include land previously
not affected by it the Board of Supervisors shall hold another public
hearing, pursuant to public notice, and mailed notice and electronic
notice, if applicable, before proceeding to vote on the amendment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
County Planning Commission review. At least 30 days prior to the
hearing on any amendment by the Board of Supervisors, the Township
shall submit the proposed amendment to the County Planning Commission
for recommendations.
D.
Amendments involving Zoning Map changes. If the proposed amendment
involves a Zoning Map change, notice of the required public hearing
shall be conspicuously posted by the Township at points deemed sufficient
by the municipality along the tract to notify potentially interested
citizens. The affected parcel or area shall be posted at least one
week prior to the date of the hearing. In addition to the requirement
that notice be posted, notice of the public hearing shall be mailed
by the Township at least 30 days prior to the date of the hearing
by first class mail to the addresses to which real estate tax bills
are sent for all real estate property located within the area being
rezoned. The notice shall include the location, date and time of the
public hearing.
E.
Enactment of amendments.
(1)
Proposed amendments shall not be enacted unless notice of proposed
enactment is given in the manner set forth in this section, and shall
include the time and place of the meeting at which passage will be
considered, a reference to a place within the Township where copies
of the proposed amendment may be examined without charge or obtained
for a charge not greater than the cost thereof. The Board of Supervisors
shall publish the proposed amendment once in one newspaper of general
circulation in the Township not more than 60 days or less than seven
days prior to passage. Publication of the proposed amendment shall
include either the full text thereof or the title and a brief summary,
prepared by the Township Solicitor and setting forth all the provisions
in reasonable detail. If the full text is not advertised, then:
(a)
A copy thereof shall be supplied to the newspaper in general
circulation in the Township at the time the public notice is published;
and
(b)
An attested copy of the proposed ordinance shall be filed in
the County Law Library or other county offices designated by the County
Commissioners, who may impose a fee no greater than that necessary
to cover the actual costs of storing the ordinance.
(2)
In the event substantial amendments are made in the proposed
amendment, before voting upon enactment, the Board of Supervisors
shall, at least 10 days prior to enactment, re-advertise in one newspaper
of general circulation in the Township, a brief summary setting forth
all the provisions in reasonable detail together with a summary of
the amendments.
(3)
Within 30 days after enactment of any amendment to the Zoning
Ordinance, a copy of the amendment shall be forwarded to the County
Planning Commission.
F.
Landowner curative amendments. A landowner who desires to challenge
on substantive grounds the validity of an ordinance or map or any
provision thereof, which prohibits or restricts the use or development
of land in which he has an interest may submit a curative amendment
to the Board of Supervisors with a written request that his challenge
and proposed amendment be heard and decided as provided in Sections
609.1 and 916.1 of the Pennsylvania Municipalities Planning Code,
as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1,
respectively.
G.
Municipal curative amendments. If the Township determines that its
Zoning Ordinance or any portion thereof is substantially invalid,
the Township shall declare by formal action, its Zoning Ordinance
or portions thereof substantially invalid and propose to prepare a
curative amendment to overcome such invalidity as provided for and
in accordance with the procedures set forth in Section 609.2 of the
Pennsylvania Municipalities Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10609.2.
The Board of Supervisors shall by resolution establish fees
for all applications, permits or appeals provided for by this chapter
to defray the costs of advertising, mailing notices, processing, inspecting,
and copying applications, permits, and use certificates. The fee schedule
shall be available at the Township Office for inspection.
Any person aggrieved or affected by provision of this chapter or decision of the Zoning Officer, Township Engineer, Zoning Hearing Board or Board of Supervisors may appeal in the manner set forth in either Article IX or X-A of the Pennsylvania Municipalities Planning Code,[1] as amended, whichever is applicable.
[1]
Editor's Note: See 53 P.S. § 10901 et seq. and § 11001-a
et seq.
All Township ordinances or parts thereof in conflict with this
Zoning Ordinance or inconsistent with the provisions of this chapter
are hereby repealed to the extent necessary to give this chapter full
force and effect.
The provisions of this chapter shall be held to be minimum requirements
to meet the purposes of this chapter. When provisions of this chapter
impose greater restrictions than those of any statute, other ordinance,
or regulations, the provisions of this chapter shall prevail. When
provisions of any statute, other ordinance or regulation impose greater
restrictions than those of this chapter, the provisions of such statute,
ordinance or regulation shall prevail.
A.
In case any building, structure, landscaping or land is, or is proposed
to be, erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter, the Board of Supervisors or,
with 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,
may institute any appropriate action or proceeding to prevent, restrain,
correct, or abate such building, structure 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 Board of Supervisors.
B.
At least 30 days prior to the time the action is begun by serving
a copy of the complaint on the Township. No such action may be maintained
until such notice has been given.
A.
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 therefor 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 determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership or corporation violating this chapter to have believed
that there was not 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 Magisterial District
Judge and thereafter each day that a violation continues shall constitute
a separate violation.
B.
All judgments, costs and reasonable attorney fees collected for the
violation of this chapter shall be paid over to the Township.
If any section, clause, provision or portion of this chapter
shall be held invalid or unconstitutional by a recognized court of
the commonwealth, such decision shall not affect the legality of the
remaining sections, clauses, provisions or portions of this chapter.
This chapter shall take effect immediately upon adoption and
publication according to law.
