A.
Administration.
(1)
Zoning Officer. The provisions of this chapter shall be enforced
by an agent, to be appointed by the Board of Supervisors, who shall
be known as the "Zoning Officer". The Zoning Officer shall be appointed
at the first meeting of the Board of Supervisors in January to serve
until the first day of January next following and shall thereafter
be appointed annually to serve for a term of one year and/or until
his successor is appointed. The Zoning Officer may succeed himself.
He shall receive such fees or compensation as the Board of Supervisors
may, by resolution, provide. The Zoning Officer shall not hold any
elective office within the Township. The Zoning Officer may designate
an employee of the Township as his deputy, subject to the approval
of the Board of Supervisors, who shall exercise all the powers of
the Zoning Officer during the temporary absence or disability of the
Zoning Officer.
(2)
The duties of the Zoning Officer.
(a)
To receive, examine and process all applications and permits
as provided by the terms of this chapter. The Zoning Officer shall
also issue zoning permits for special exception and conditional uses
or for variances, after the same have been approved.
(b)
To record and file all applications for zoning permits or certificates
of use and occupancy, and accompanying plans and documents and keep
them for public record.
(c)
To inspect properties to determine compliance with all provisions
of this chapter as well as conditions attached to the approval of
variances, special exceptions, conditional uses and curative amendments.
(d)
To inspect nonconforming uses, structures, and lots and to keep
a filed record of such nonconforming uses and structures, together
with the reasons why the Zoning Officer identified them as nonconformities,
as a public record and to examine them periodically, with the view
of eliminating the nonconforming uses under the existing laws and
regulations.
(e)
Upon the request of the Board of Supervisors or the Zoning Hearing
Board, present to such bodies facts, records and any similar information
on specific requests to assist such bodies in reaching their decisions.
(f)
To be responsible for keeping this chapter and the Official
Zoning Map up-to-date, including any amendments thereto.
(g)
To issue stop-work orders when the Zoning Officer determines
that a violation of this chapter exists or that construction is being
commenced in a manner not authorized by a zoning permit or in a manner
violating any approvals issued under this chapter. The Zoning Officer
may issue stop-work orders orally or in writing. If the Zoning Officer
issues an oral stop-work order, the Zoning Officer shall subsequently
confirm the oral stop-work order with a written notice within five
days.
(h)
Upon the approval by the Zoning Hearing Board of a special exception,
or upon the approval of a conditional use by the Board of Supervisors
for development located within a floodplain, written notice of the
approval shall be sent by registered mail from the Zoning Officer
to the Pennsylvania Department of Community and Economic Development.
(i)
To remain eligible for the National Flood Insurance Program,
the Zoning Officer shall submit a biannual report to the Federal Insurance
Administration concerning the status of the program in the Township
(the report form shall be provided by the Federal Insurance Administration).
B.
Enforcement. This chapter shall be enforced by the Zoning Officer
of Newberry Township. No zoning permit or certificate of use and occupancy
shall be granted by him for any purpose except in compliance with
the literal provisions of this chapter. The Zoning Officer may be
authorized to institute civil enforcement proceedings as a means of
enforcement when acting within his scope of employment.
C.
Violations.
(1)
Failure to secure a zoning permit prior to a change in use of land
or structure, or the erection, construction, alteration, or maintenance
of any structure or portion thereof, shall be a violation of this
chapter. It shall also be a violation of this chapter to undertake
other deliberate actions which are contrary to the terms of this chapter
and any conditions placed upon the approval of special exceptions,
variances and conditional uses. Each day that a violation is continued
shall constitute a separate offense.
(2)
If it appears to the Zoning Officer that a violation of this chapter,
enacted under the MPC or prior enabling laws, has occurred, the Zoning
Officer shall initiate enforcement proceedings by sending an enforcement
notice as provided in the following:
(a)
The enforcement notice shall be sent to the owner of record
of the parcel on which the violation has occurred, to any person who
has filed a written request to receive enforcement notices regarding
that parcel, and to any other person requested in writing by the owner
of record.
(b)
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 this chapter.
[4]
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
[5]
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within a prescribed period of time in accordance
with procedures set forth in this chapter.
[6]
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation with possible sanctions clearly described.
D.
Enforcement remedies. Any person, partnership or corporation who
or which has violated or permitted the violation of the provisions
of this chapter enacted under the MPC or prior enabling laws 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 be 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 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 Magisterial
District Judge, and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation of this chapter shall be
paid over to the Township.
E.
Causes of action. In case any building, structure, landscaping or
land is or is proposed to be erected, constructed, reconstructed,
altered, repaired, converted, maintained, or used in violation of
this chapter enacted under the MPC or prior enabling laws, the Board
of Supervisors or, with the approval of the Board of Supervisors,
an officer of the Township, or any aggrieved owner or tenant of real
property who shows that his property or person will be substantially
affected by the alleged violation, in addition to other remedies,
may institute any appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure, landscaping or land, or
to prevent, in or about such premises, any act, conduct, business
or use constituting a violation. When any such action is instituted
by a landowner or tenant, notice of that action shall be served upon
the Township at least 30 days prior to the time the action is begun
by serving a copy of the complaint on the Board of Supervisors of
Newberry Township. No such action may be maintained until such notice
has been given.
A.
General requirements for zoning permits.
(1)
A zoning permit shall be required prior to a change in use of land or structure or the erection, construction, improvement or alteration of any structure or portion thereof, or the alteration or development of any improved or unimproved real estate, including, but not limited to, mining, dredging, filling, grading, paving, excavation or drilling operations or the erection or alteration of any signs specified in § 380-52 of this chapter. Zoning permits shall also be required for the construction or installation of animal waste impoundments, lakes, ponds, dams or other water retention basins. No zoning permit shall be required for repairs or maintenance of any structure or land, provided such repairs do not change the use or the exterior dimension of the structure, or otherwise violate the provisions of this chapter.
(2)
Application for zoning permits shall be made in writing to the Zoning
Officer.
(3)
Such zoning permits shall be granted or refused within 90 days from
date of application.
(5)
In all instances in which the Zoning Officer expresses a reasonable
doubt as to the ability of a proposed use to meet all the requirements
of this chapter, it will be incumbent upon the applicant to furnish
adequate evidence in support of his application. If such evidence
is not presented, the zoning permit will be denied.
(6)
Application for a zoning permit shall be made by the owner or lessee
of any building or structure or the agent of either. Provided, however,
that if the application is made by a person other than the owner or
lessee, it shall be accompanied by a written authorization of the
owner or the qualified person making an application that the proposed
work is authorized by this owner. The full names and addresses of
the owner, lessee, applicant and of the responsible officers, if the
owner or lessee is a corporate body, shall be stated in the application.
(7)
The Zoning Officer may call upon other Township staff and/or Township-appointed
consultants in the review of submitted materials for application.
(8)
The Zoning Officer may revoke a zoning permit or approval issued
under the provisions of this chapter in case of any false statement
or misrepresentation of fact in the application or on the plans on
which the permit or approval was based or for any other cause set
forth in this chapter.
(9)
No zoning permit shall be issued until the fees prescribed by the
Board of Township Supervisors pursuant to resolution shall be paid
to the Zoning Officer. The payment of fees under this section shall
not relieve the applicant or holder of said permit from payment of
other fees that may be required by this chapter or by any other ordinances
or law.
(10)
Issuance of zoning permits. Upon receiving the application,
the Zoning Officer shall examine the same within a reasonable time
after filing. If the application or plans do not conform to the provisions
of all pertinent local laws, he shall reject such application in writing,
stating the reasons therefor. He shall inform the applicant of his
right to appeal to the Zoning Hearing Board in the event such application
is rejected. If satisfied that the proposed work and/or use conforms
to the provisions of this chapter and all laws and ordinances applicable
thereto, and that the certificate of use and occupancy as required
herein has been applied for, he shall issue a permit therefor as soon
as practical but not later than 90 days from receipt of the application.
(11)
Reconsideration of application. An applicant whose request for
a zoning permit has been denied by the Zoning Officer may make a later
application for a zoning permit, provided all deficiencies which were
the basis for the prior denial of the zoning permit have been eliminated.
The Zoning Officer shall not be required to make a new inspection
of the application if this condition is not met.
(12)
Expiration of zoning permit. The zoning permit shall expire
after one year from the date of issuance; provided, however, that
the same may be extended every six months for a period not to exceed
an additional one year.
(13)
Compliance with chapter. The zoning permit shall be a license
to proceed with the work and should not be construed as authority
to violate, cancel or set aside any of the provisions of this chapter,
except as stipulated by the Zoning Hearing Board.
(14)
Compliance with zoning permit and plot plan. All work or uses
shall conform to the approved application and plans for which the
permit has been issued as well as the approved plot plan.
(15)
Display of zoning permit. All approved zoning permits shall
be prominently displayed on the subject property during construction,
renovation, reconstruction, repair, remodeling or the conduct of other
site improvements. Such zoning permit displays shall occur within
five days of zoning permit issuance or prior to the commencement of
actual work on the site, whichever occurs first. Such zoning permit
display shall be continuous until the site receives its certificate
of use and occupancy.
(16)
Temporary use permit.
(a)
It is recognized that it may be in accordance with the purpose
of this chapter to permit temporary activities for a limited period
of time, which activities may be prohibited by other provisions of
this chapter. If such uses are of such a nature and are so located
that, at the time of petition of special exception, they will:
[1]
In no way exert a detrimental effect upon the uses of land and
activities normally permitted in the zoning district; or
[2]
Contribute materially to the welfare of the Township, particularly
in a state of emergency, under conditions peculiar to the time and
place involved, then the Zoning Hearing Board may, subject to all
regulations for the issuance of special exception elsewhere specified,
direct the Zoning Officer to issue a permit for a period not to exceed
six months. Such permits may be extended not more than once for an
additional period of six months.
B.
Application for all zoning permits.
(1)
Applications shall contain a general description of the proposed
work, development, use or occupancy of all parts of the structure
or land and shall be accompanied by plans, in duplicate, drawn to
scale and showing the following:
(a)
Actual dimensions and shape of lot to be developed.
(b)
Exact location and dimensions of any structures to be erected,
constructed and altered.
(c)
Existing and proposed uses, including the number of occupied
units, businesses, etc., all structures are designed to accommodate.
(d)
Off-street parking and loading spaces.
(e)
Utility systems affected and proposed.
(f)
Alteration or development of any improved or unimproved real
estate.
(g)
The size of structures and the number of employees anticipated.
(h)
Any other lawful information that may be required by the Zoning
Officer to determine compliance with this chapter.
(2)
If the proposed development, excavation or construction is located
within a floodplain, the following information is specifically required
to accompany all applications:
C.
Application for zoning permit for uses in all commercial and industrial
zones.
(1)
A location plan showing the tract to be developed, zoning district
boundaries, adjoining tracts, significant natural features, and streets
for a distance of 200 feet from all tract boundaries.
(2)
A plot plan of the lot showing the location of all existing and proposed
buildings, driveways, parking lots showing access drives, circulation
patterns, curb cut accesses, parking stalls access from streets, screening
fences and walls, waste disposal fields or other methods of sewage
disposal, other construction features on the lot and the location
of all topographical features.
(3)
A description of the operations proposed in sufficient detail to
indicate the effects of those operations in producing traffic congestion,
noise, glare, air pollution, water pollution, vibration, fire hazards,
safety hazards, or the emission of any potentially harmful or obnoxious
matter or radiation.
(4)
Engineering plans for treatment and disposal of sewage and industrial
waste, tailings or unusable by-products.
(5)
Engineering plans for the handling of traffic, noise, glare, air
pollution, water pollution, vibration, fire hazards or safety hazards,
smoke or emission of any potentially harmful or obnoxious matter or
radiation.
(6)
Designation of the manner by which sanitary sewage and stormwater
shall be disposed and water supply obtained.
(7)
The proposed number of shifts to be worked and the minimum number
of employees on each shift.
(8)
Where use by more than one firm is anticipated, a list of firms that
are likely to be located in the center, their floor area and estimated
number of employees.
D.
Certificate of use and occupancy.
(1)
It shall be unlawful to use and/or occupy any structure, building,
sign, and/or land or portion thereof for which a permit is required
herein until a certificate of use and occupancy for such structure,
building, sign and/or land or portion thereof has been issued by the
Zoning Officer. The application for issuance of a certificate of use
and occupancy shall be made at the same time an application for a
zoning permit is filed with the Zoning Officer as required herein.
(2)
The application for a certificate of use and occupancy shall be in
such form as the Zoning Officer may prescribe and may be made on the
same application as is required for a zoning permit.
(3)
The application shall contain the intended use and/or occupancy of
any structure, building, sign and/or land or portion thereof for which
a zoning permit is required herein.
(4)
The Zoning Officer shall inspect any structure, building, or sign
within 10 days upon notification that the proposed work that was listed
under the zoning permit has been completed and, if satisfied that
the work is in conformity and compliance with the work listed in the
issued zoning permit and all other pertinent laws, he shall issue
a certificate of use and occupancy for the intended use listed in
the original application.
(5)
The certificate of use and occupancy or a true copy thereof shall
be kept available for official inspection at all times.
(6)
Upon request of a holder of a zoning permit, the Zoning Officer may
issue a temporary certificate of use and occupancy for a structure,
building, sign and/or land, or portion thereof, before the entire
work covered by the zoning permit shall have been completed, provided
such portion or portions may be used and/or occupied safely prior
to full completion of the work without endangering life or public
welfare. The Zoning Officer shall also issue a temporary certificate
of use and occupancy for such temporary uses as tents, use of land
for religious or other public or semipublic purposes and similar temporary
use and/or occupancy. Such temporary certificates shall be for the
period of time to be determined by the Zoning Officer; however, in
no case for a period exceeding six months.
(7)
A certificate of use and occupancy shall not be issued for structures
and buildings located in subdivision and/or land development requiring
improvement guarantees until the structure or building abuts either
a roadway which has been accepted by the Township for dedication or
abuts upon a street which has been paved with a base wearing course.
(8)
In commercial and industrial zones in which operation standards are
imposed, no certificate of use and occupancy shall become permanent
until 30 days after the facilities are fully operational when, upon
a reinspection by the Zoning Officer, it is determined that the facilities
are in compliance with all operation standards.
A.
Determination. The Board of Supervisors may, by resolution, establish
fees for the administration of this chapter. All fees shall be determined
by a schedule that is made available to the general public. The Board
of Supervisors may reevaluate the fee schedule and make necessary
alterations to it. Such alterations shall not be considered an amendment
to this chapter and may be adopted at any public meeting of the Board
of Supervisors.
A.
Power of amendment. The Board of Supervisors may, from time to time,
amend, supplement, change or repeal this chapter including the Official
Zoning Map. Any amendment, supplement, change or repeal may be initiated
by the Township Planning Commission, the Board of Supervisors or by
a petition to the Board of Supervisors by an interested party.
B.
Hearing and enactment procedures for zoning amendments.
(1)
Public hearing. Before voting on the enactment of a zoning ordinance
and/or amendment, the Board of Supervisors shall hold a public hearing
thereon, pursuant to public notice, and pursuant to mailed notice
and electronic notice, to an owner of a tract or parcel of land located
within a municipality or an owner of the mineral rights in a tract
or parcel of land within the municipality who has made a timely request
in accordance with 53 P.S. § 10109. Such public hearing
shall be to inform the general public of the nature of the amendment
and to obtain public comment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Public notice. Before conducting a public hearing, the Board of Supervisors
shall provide public notice as follows:
(a)
Notice shall be published once each week for two successive
weeks in a newspaper of general circulation in the Township. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall not be more than 30 days, and the second publication shall not
be less than seven days from the date of the hearing. Publication
of the proposed amendment shall include either the full text thereof
or the title and brief summary, prepared by the Township Solicitor
and setting forth all the provisions in reasonable detail. If the
full text is not included:
[1]
A copy of the full text shall be supplied to a newspaper of
general circulation in the Township at the time the public notice
is published; and
[2]
An attested copy of the proposed ordinance shall be filed in
the County Law Library or other county office designated by the County
Commissioners, who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinances.
(b)
For Zoning Map amendments, public notice shall also include
the posting of a sign at conspicuous locations along the perimeter
of the subject property; these sign(s) shall be posted at least one
week prior to the hearing and will exhibit the nature, date, time,
and location of the hearing.
(c)
For curative amendments, public notice shall also indicate that
the validity of the ordinance and/or map is in question, and shall
give the place where and the times when a copy of the request, including
any plans, explanatory material or proposed amendments may be examined
by the public.
(d)
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, before proceeding
to vote on the amendment.
(3)
Enactment notice. In addition to the public notice requirements defined herein, the Board of Supervisors must publish a reference to the time and place of the meeting at which passage of the ordinance or amendment will be considered and a reference to a place within the Township where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. Enactment notice shall be published at least once in one newspaper of general circulation in the Township neither more than 60 days nor less than seven days prior to passage. The published content of the enactment notice shall be the same as that required for public notice described in the preceding Subsection B(2).
(4)
Township planning commission referrals.
(a)
For amendments proposed by parties other than the Township Planning
Commission, the Board of Supervisors shall submit each amendment to
the Township Planning Commission at least 30 days prior to the public
hearing on such amendment.
(b)
A report of the review by the Township Planning Commission,
together with any recommendations, may be given to the Board of Supervisors
within 30 days from the date of said referral. The recommendation
of the Township Planning Commission may include a specific statement
as to whether or not the proposed action is in accordance with the
intent of this chapter and any officially adopted Newberry Comprehensive
Plan.
(5)
York County Planning Commission referrals. All proposed amendments
shall be submitted to the York County Planning Commission at least
30 days prior to the public hearing on such amendments. The York County
Planning Commission may submit recommendations to the Board of Supervisors;
however, if the York County Planning Commission fails to act within
30 days, the Board of Supervisors may proceed without its recommendations.
(6)
Adjournment of public hearing. If during the public hearing process,
the Board of Supervisors needs additional time to understand the proposal,
inform the public, receive public comment, and/or render a decision,
it may adjourn the public hearing to a certain time and place.
(7)
Distribution of amendment. Within 30 days after enactment, a copy
of the amendment to this chapter shall be forwarded to the York County
Planning Commission.
C.
Amendments initiated by the Township planning commission. When an
amendment, supplement, change or repeal is initiated by the Township
Planning Commission, the proposal shall be presented to the Board
of Supervisors, which shall then proceed in the same manner as with
a petition to the Board of Supervisors which has already been reviewed
by the Township Planning Commission.
D.
Amendment initiated by the Board of Supervisors. When an amendment, supplement, change or repeal is initiated by the Board of Supervisors, such amendment, supplement, change or repeal shall follow the procedure prescribed for a petition under § 380-83B.
E.
Amendment initiated by a petition from an interested party. A petition
for amendment, supplement, change or repeal for a portion of this
chapter shall include an accurate legal description and surveyed plan
of any land to be rezoned, and all of the reasons supporting the petition
to be considered. The petition shall also be signed by at least one
record owner of the property in question whose signature shall be
notarized attesting to the truth and correctness of all the facts
and information presented in the petition. A fee to be established
by the Board of Supervisors shall be paid upon the filing of such
petition for change and for the purpose of defraying the costs of
the proceedings prescribed herein. The Board of Supervisors may require
duplicate sets of petition materials.
F.
Curative amendment by a landowner. A landowner who desires to challenge
on substantive grounds the validity of this chapter or the Official
Zoning 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 (including all of
the reasons supporting the request to be considered) 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 MPC, as amended.[1] The Board of Supervisors shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Township Planning Commission and York County Planning Commission as provided for in § 380-83B and public notice of the hearing shall be provided as defined herein.
(1)
In reviewing the curative amendment, the Board of Supervisors may
deny the request, accept the request as submitted or may adopt an
alternative amendment which will cure the challenged defects. The
Board of Supervisors shall consider the curative amendments, plans
and explanatory material submitted by the landowner and shall also
consider:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities.
(b)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of this chapter or the zoning map.
(c)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodland, wetlands, floodplains, aquifers,
natural resources and other natural features.
(d)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts.
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
(2)
The Board of Supervisors shall render its decision within 45 days
after the conclusion of the last hearing.
(3)
If the Board of Supervisors fails to act on the landowner's request within the time limits referred to in Subsection F(2), a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
(4)
Public notice of the hearing shall include notice that the validity
of this chapter or the zoning map is in question and shall give the
place where and the times when a copy of the request, including any
plans, explanatory material or proposed amendments, may be examined
by the public.
(5)
The challenge shall be deemed denied when:
(a)
The Board of Supervisors fails to commence the hearing within
60 days;
(b)
The Board of Supervisors notifies the landowner that it will
not adopt the curative amendment;
(c)
The Board of Supervisors adopts another curative amendment which
is unacceptable to the landowner; or
(d)
The Board of Supervisors fails to act on the request 45 days
after the close of the last hearing on the request, unless the time
is extended by mutual consent by the landowner and Township.
(6)
Where, after the effective date of the MPC, a curative amendment proposal is approved by the grant of a curative amendment application by the Board of Supervisors pursuant to this section or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 380-75A, or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval for a subdivision, land development or planned residential development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of Section 508(4) of the MPC shall apply.[2]
[2]
Editor's Note: See 53 P.S. § 10508(4).
(7)
Where the proposal appended to the curative amendment application
or the validity challenge is approved but does not require further
application under any subdivision or land development ordinance, the
developer shall have one year within which to file for a zoning permit.
Within the one-year period, no subsequent change or amendment in the
zoning, subdivision or other governing ordinance or plan shall be
applied in any manner which adversely affects the rights of the applicant
as granted in the curative amendment or the sustained validity challenge.
During these protected periods, the court shall retain or assume jurisdiction
for the purpose of awarding such supplemental relief as may be necessary.
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1,
respectively.
G.
Curative amendment by the Board of Supervisors.
(1)
The Board of Supervisors, by formal action, may declare this chapter
or portions thereof substantively invalid and propose to prepare a
curative amendment to overcome such invalidity. Within 30 days following
such declaration and proposal, the Board of Supervisors shall:
(2)
Within 180 days from the date of the declaration and proposal, the
Board of Supervisors shall enact a curative amendment to validate
or reaffirm the validity of this chapter, pursuant to the provisions
required by Section 609 of the MPC[3] in order to cure the declared invalidity of this chapter.
[3]
Editor's Note: See 53 P.S. § 10609.
(3)
Upon the date of the declaration and proposal, the Board of Supervisors shall not be required to entertain or consider any curative amendment filed by a landowner. Nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of this chapter under § 380-75A subsequent to the declaration and proposal, based upon the grounds identical to or substantially similar to those specified in the resolution required by this section. Upon the enactment of a curative amendment to, or the reaffirmation of the validity of, this chapter, no rights to a cure by amendment or challenge shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended section or subsection for which the Board of Supervisors propose to prepare a curative amendment.
(4)
The Board of Supervisors, having utilized the procedures as set forth
in this section, may not again utilize said procedures for a thirty-six-month
period following the date of the enactment of a curative amendment
or reaffirmation of the validity of this chapter. Provided however,
that if after the date of declaration and proposal there is a substantially
new duty or obligation imposed upon the Township by virtue of a decision
by any court of competent jurisdiction, the Board of Supervisors may
utilize the provisions of this section to prepare a curative amendment
to this chapter to fulfill this duty or obligation.
H.
Authentication of Official Zoning Map. Whenever there has been a
change in the boundary of a zoning district or a reclassification
of the zone adopted in accordance with the above, the change on the
Official Zoning Map shall be made and shall be duly certified by the
Township Secretary and shall thereafter be refiled as part of the
permanent records of the Township.
A.
Filing of conditional use. For any use permitted by conditional use,
a conditional use must be obtained from the Board of Supervisors.
In addition to the information required on the zoning permit application,
the conditional use application must show:
(1)
Ground floor plans and elevations of proposed structures, except
that only typical elevation drawings need to be submitted for proposed
residences.
(2)
Names and addresses of adjoining property owners, including properties
directly across a public right-of-way.
(3)
A scaled drawing (site plan) of the site with sufficient detail and
accuracy to demonstrate compliance with all applicable provisions
of this chapter.
(4)
A written description of the proposed use in sufficient detail to
demonstrate compliance with all applicable provisions of this chapter.
B.
General criteria. Each applicant must demonstrate compliance with
the following to the satisfaction of a majority of the Board of Supervisors:
(1)
The proposed use shall be consistent with the purpose and intent
of this chapter.
(2)
The proposed use will not effect a change in the character of the
subject property's neighborhood as anticipated by its zoning designation(s).
(3)
Adequate public facilities are available to serve the proposed use
(sewer, water, and other utilities, vehicular access, etc.).
(4)
For development within the Floodplain Protection Overlay, that the applicant complies with those requirements listed in Chapter 221, Floodplain Management, of this Code.
(5)
The proposed use shall comply with those criteria specifically listed in Article V of this chapter. In addition, the proposed use must comply with all other applicable regulations of this chapter.
(6)
The proposed use will not substantially impair the integrity of the
Newberry Township Comprehensive Plan.
C.
Conditions. The Board of Supervisors, in approving conditional use
applications, may attach conditions considered necessary to protect
the public welfare and the purposes listed above, including conditions
which are more restrictive than those established for other uses in
the same zoning district. 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 article.
D.
Site plan approval. Any site plan presented in support of the conditional use pursuant to § 380-84A shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.
E.
Hearing procedures.
(1)
Before voting on the approval of a conditional use, the Township
Supervisors shall hold a public hearing thereon, pursuant to public
notice. The Township Supervisors shall submit each such application
to the Planning Commission at least 30 days prior to the hearing on
such application to provide the Planning Commission an opportunity
to submit recommendations. If after any public hearing held upon application
the proposed application is revised, the Township Supervisors shall
hold another public hearing, pursuant to public notice, before proceeding
to vote on the application.
(2)
All public hearings shall be conducted in accordance with the requirements outlined in § 380-75 of this chapter, except that any reference to the Zoning Hearing Board shall be replaced with the Township Supervisors and any reference to "special exception" shall be replaced with "conditional use."
Any resolution, ordinance or part of any resolution or ordinance
inconsistent herewith and any amendments thereof are hereby expressly
repealed.
This chapter shall become immediately effective upon its enactment
by the Board of Supervisors of Newberry Township. This chapter is
duly ordained and enacted this 25th day of July, 2006, by the Board
of Supervisors of Newberry Township, York County, Pennsylvania, in
lawful session duly assembled.
