A.
Administration.
(1)
Zoning Officer. For the administration and enforcement of this
chapter, a Zoning Officer, who may not hold any elective office in
the Township, shall be appointed by the Board of Supervisors.
(2)
The Zoning Officer shall have the power and the authority to
perform all of the following functions.
(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 accompany 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 render a preliminary opinion regarding a proposed land use
in accordance with Section 916.2 of the Pennsylvania MPC, Act 1968,
P.L. 805, No. 247.
(h)
To revoke a 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 Chapter 450, Zoning, or otherwise permitted by law.
(j)
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.
(k)
To receive and render determinations upon applications for reasonable
accommodations requested in accordance with the United States Fair
Housing Amendments Act of 1988, 42 U.S.C. § 3601 et seq.,
or the Americans with Disabilities Act, 42 U.S.C. § 12101
et seq., and the federal regulations adopted pursuant to such statutes.
(l)
The Zoning Officer or their authorized assistant(s), shall have
the right to enter any building or enter upon any land at any reasonable
hour as necessary in the execution of their duties, provided that:
B.
Violations. The construction, alteration, maintenance or use of any
structure building, sign, land, or landscaping or the change of use,
area of use, percentage of use or displacement of the use of any structure,
building, sign, land or landscaping without first obtaining a zoning
permit; or the use of any building, structure, sign or land without
receipt of a certificate of use and occupancy; or the use or maintenance
of any building, structure, sign or land for a use or in a manner
which is not in accordance with the provisions of this chapter; or
the use of property for a use different from that set forth in any
zoning permit or certificate of use and occupancy which has been granted
for the property without applying for and being granted a zoning permit
and certificate of use and occupancy for such new or different use;
or the excavation, grading of or earthmoving activities on any property
in preparation for the erection of a structure or change in use of
a property without first obtaining a zoning permit; or the failure
to comply with any other provision of this chapter; or the violation
of any conditions imposed upon the grant of a special exception or
variance by the Zoning Hearing Board or a conditional use by the Board
of Supervisors or by a court of competent jurisdiction, if a special
exception, variance or conditional use is granted by such court; or
the inclusion of false or misleading information on any application
filed with the Township are hereby declared to be violations of this
chapter.
C.
Enforcement notice. If it appears to the Zoning Officer that a violation
of this chapter shall exist, the Zoning Officer shall send an enforcement
notice to the owner of record of the lot on which the violations has
occurred, to any person who has filed a written request to receive
enforcement notices regarding that lot, to any other person requested,
in writing, by the owner of record, and to any person against whom
the Township may bring an enforcement action. The enforcement notice
shall contain all information the MPC[1] requires.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter enacted
under the Act or prior enabling laws shall, upon being found liable
therefore in a civil enforcement proceeding commenced by the Township,
pay a judgment to the Township 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 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.
(2)
The imposition of a fine or penalty for any violation or noncompliance
with this chapter shall not excuse the violation or noncompliance
or permit it to continue; and all convicted persons shall be required
to correct or remedy such violations and noncompliance within a reasonable
time.
(3)
Any development initiated or any building or structure constructed,
reconstructed, enlarged, altered, or relocated, not in compliance
with this chapter may be declared by the Board of Supervisors to be
a public nuisance and abatable as such.
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 governing
body or, with the approval of the governing body, an officer of the
municipality, or any aggrieved owner or tenant of real property who
shows that his/her 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 municipality
at least 30 days prior to the time the action is begun by serving
a copy of the complaint on the governing body of the municipality.
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 Article 4 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 dimensions of the structure, or otherwise violate the provisions of this chapter. No zoning permit shall be issued and no work shall proceed and no uses shall exist except in conformity with all applicable regulations of this chapter and any conditions imposed upon the site by the Zoning Hearing Board.
(2)
Applications for zoning permits shall be made in writing to
the Zoning Officer. The Zoning Officer shall grant or deny application
for zoning permits within the time period established by the MPC and
other applicable statutes.
(4)
In all instances in which the Zoning Officer expresses a reasonable
doubt as to the ability of a proposed use to meet all of the above-described
requirements, the applicant shall furnish adequate evidence in support
of his application. If such evidence is not present, the zoning permit
shall be denied.
(5)
Application for a 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.
(6)
The Zoning Officer may call upon the Township staff and/or Township-appointed
consultants in the review of submitted materials for applications.
(7)
The Zoning Officer may revoke a 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 Chapter 450, Zoning. It shall be a violation of this chapter to place any false statement or misrepresentation of facts on any application or plan submitted with an application for a zoning permit or other approval.
(8)
Where a permit is required by this chapter, if the work is commenced
or the use is commenced or changed prior to obtaining such permit,
the fees set by ordinance or resolution of the Board of Supervisors
for such permit shall be doubled. The doubling of the permit fee shall
be required to reflect the additional expense incurred by the Township
resulting from the need to inspect the property, respond to any complaints,
issue any enforcement notices and/or process the application as soon
as it is received. The payment of such increased permit fee shall
not relieve any person from complying with all requirements of this
chapter or any other applicable Township codes or from any penalties
or enforcement actions authorized by this chapter or the MPC.
(9)
Upon receiving the application, the Zoning Officer shall examine
the same within a reasonable time after filing. If the applicant does
not demonstrate to the satisfaction of the Zoning Officer that the
applicant has obtained all other permits or approvals required for
work proposed in the application or supporting plans, including, but
not limited to, subdivision and/or land development approval, permits
or approvals issued by the PA DEP, and permits or approvals issued
by PennDOT, the Zoning Officer may deny the application. The Zoning
Officer shall deny the application if the applicant has not demonstrated
compliance with all requirements of this chapter and all other Township
codes and with any duly adopted official map. The Zoning Officer shall
inform the applicant of any denial of the 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 building permit as required herein has been
applied for, a zoning permit shall be issued therefor as soon as possible.
The issuance of a zoning permit shall not be considered a guarantee
that an applicant has obtained any or all other permits or approvals
necessary for the construction and/or use proposed in the application.
(10)
An applicant whose request for a permit has been denied by the
Zoning Officer may make a later application for a permit, provided
all deficiencies which were the basis for the prior denial of the
permit have been eliminated.
(11)
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, upon
written request by the applicant which demonstrates good cause to
the Zoning Officer.
(12)
The zoning permit shall be a license to apply for a building
permit, or in the event a building permit is not otherwise required,
proceed with the work. A zoning permit shall 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.
(13)
The applicant shall prominently display all approved zoning
permits on the subject property during construction, renovation, reconstruction,
repair, remodeling or the conduct of other site improvements. The
applicant shall display the zoning permit within five days of permit
issuance or prior to the commencement of actual work on the site,
whichever occurs first. The applicant shall continuously display the
zoning permit until site receives its certificate of use and occupancy.
(14)
Temporary zoning permits. The Township recognizes that service
organizations and landowners within the Township may, from time to
time, desire to institute a specific use for a brief time period.
The Township recognizes that certain temporary uses, such as a fund-raising
auction for a service organization conducted on the lands of a third
party, may provide benefits for the entire Township. Failure to cease
operation on the date specified in the temporary zoning permit or
failure to remove all temporary structures and temporary signs shall
constitute a violation of this chapter.
(a)
Where the proposed temporary use is permitted within the zone,
such as the sale of flowers from a tent prior to a holiday, the applicant
shall apply to the Zoning Officer for a zoning permit. If the temporary
use will be operated from a temporary, removable structure and shall
have a duration of not more that 14 calendar days at any time, the
Zoning Officer may issue a zoning permit upon the applicant's presentation
of evidence that adequate off-street parking shall be provided, any
signs will be temporary in nature, and any signs shall not exceed
the number or area which would be permitted for a permanent use. The
off-street parking for the temporary use may be shared with off-street
parking for an existing permanent use. The Zoning Officer shall issue
the temporary zoning permit which shall specify the dates upon which
the temporary use may be operated, the temporary structures which
may be erected, and the temporary signs which may be erected.
(b)
The Zoning Hearing Board, by special exception, may authorize a temporary use in a zone where such use is not allowed if the applicant demonstrates compliance with the general standards for all special exceptions in Article 6 and with all the following requirements.
[1]
The temporary use shall not exceed five calendar
days in any calendar year.
[2]
The applicant shall demonstrate that adequate off-street
parking and other facilities, including, but not limited to, sewage
disposal facilities, are available for persons reasonable anticipated
to attend the temporary use.
[3]
The applicant shall provide a plan for addressing
traffic to be generated by the temporary use. If necessary, the applicant
shall arrange for the provision of fire, police or other persons to
direct traffic to the temporary off-street parking facilities.
[4]
The applicant shall present evidence to demonstrate
that the temporary use provides a benefit to the community.
[5]
The applicant shall present evidence to demonstrate
that the temporary use will not adversely affect the health, safety
or welfare of adjoining residents or the uses permitted within the
zone in which the temporary use is proposed.
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.;
(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;
(i)
Copies of any applicable approved subdivision or land development
plans;
(j)
Existing man-made and natural features on the property; and
(k)
Easements of record and the purpose for which they are reserved.
C.
Application for zoning permits within all commercial, industrial
and/or mixed-use zones or commercial, industrial and/or mixed uses.
(1)
A location plan showing the tract to be developed, zone 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,
dumpsters, 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 waste and
recyclables, traffic congestion, noise, glare, air pollution, vibration,
fire hazards, safety hazards, or the emission of any potentially harmful
or obnoxious matter or radiation;
(4)
Evidence that the disposal of materials and wastes will be accomplished
in a manner that complies with state and federal regulations. Such
evidence shall, at a minimum, include copies of contracts with waste
haulers licensed to operate within York County which have been contracted
to dispose of the materials used and wastes generated on-site. The
zoning permit shall remain valid only so long as such contracts remain
in effect and all materials and wastes are properly disposed of on
a regular basis. Should the nature of the use change in the future
such that the materials used or wastes generated change significantly,
either in type or amount, the owner shall so inform the Zoning Officer
and shall provide additional evidence demonstrating continued compliance
with the requirements of this section;
(5)
Engineering plans for the handling of traffic, noise, glare,
air pollution, water pollution, vibration, fire hazards, safety hazards,
smoke, or the 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 maximum number
of employees on each shift; and
(8)
Where use by more than one firm is anticipated, a list of firms
which are likely to be located in the center, their floor area, and
estimated number of employees.
D.
Building permits.
(1)
No building or structure in any district shall be erected, installed,
reconstructed or restored, or structurally altered without a building
permit duly issued upon application to the Township. No building permit
shall be issued unless the proposed construction or use is in full
conformity with all the provisions of this chapter. Any building permit
issued in violation of the provisions of this chapter shall be null
and void and of no effect, without the necessity for any proceedings
or revocations of nullification thereof; and any work undertaken or
use established pursuant to any such permit shall be unlawful. However,
no such building permit shall be required for the following:
(2)
Every application for a building permit shall contain the following
information and be accompanied by the required fee:
(a)
The actual shape, dimensions, radii, angles and area of the
lot on which the building is proposed to be erected or of the lot
in which it is situated if an existing building;
(b)
The block and lot numbers as they appear on the latest tax records;
(c)
The exact size and location on the lot of the proposed building
or buildings or alteration of an existing building and of other existing
buildings on the same lot;
(d)
The dimensions of all yards in relation to the subject building
and the distances between such buildings and any other existing buildings
on the same lot;
(e)
The existing and intended use of all buildings, existing or
proposed, the use of land, and the number of dwelling units the building
is designed to accommodate;
(f)
Such topographic or other information with regard to the building,
the lot or neighboring lots as may be necessary to determine that
the proposed construction will conform to the provisions of this chapter;
(g)
Name and address of the applicant;
(h)
Name and address of the owner, if other than the applicant,
of the land on which the proposed construction is to occur;
(i)
Name and address of the contractor;
(j)
Listing of other permits required, including their identification
numbers; and
(k)
Brief description of proposed work and estimated cost.
(3)
No building permit shall be issued for the construction or alteration
of any building upon a lot without access to a street or highway.
(4)
No building permit shall be issued for any building where a
land development plan is required, except in the conformity with the
land development plans approved by the Township and recorded in the
York County Court House.
(5)
No building permit shall be issued for a building to be used
for any use by special exception/conditional use in any district where
such use is allowed only by approval of the Zoning Hearing Board/Board
of Supervisors unless and until such approval has been duly granted
by the Zoning Hearing Board/Board of Supervisors.
(6)
The building permit application and all supporting documentation
shall be made in duplicate. On the issuance of a building permit,
the Zoning Officer shall return one copy of all filed documents to
the applicant.
(7)
The Zoning Officer shall, after the filing of a complete and
properly prepared application, either issue or deny a building permit.
If a building permit is denied, the Zoning Officer shall state, in
writing, to the applicant the reasons for such denial.
(8)
Every building permit shall expire if the work authorized has
not commenced within three months after the date of issuance, or has
not been completed within 12 months from such date. If no zoning amendments
or other codes or regulations affecting subject property have been
enacted in the interim, the Zoning Officer may authorize, in writing,
the extension of either above periods of an additional six months,
following which no further work is to be undertaken without a new
building permit.
(a)
Construction and/or development shall be considered to have
started with the preparation of land, land clearing, grading, filling,
excavation for basement, footings, piers, or foundation, erection
of temporary forms, the installation of piling under proposed subsurface
footings, or the installation of sewer, gas and water pipes, or electrical
or other service lines from the street.
(9)
As soon as the foundation of a building or of any addition to
any existing buildings is completed, and before first-story framing
or wall construction is begun, there shall be filed with the Township
an accurate survey signed by the person responsible for said survey,
showing the exact location of such foundation with respect to the
street and property lines of the lot.
(10)
Prior to the issuance of any building permit the Zoning Officer
shall review the application for building permit to determine if all
other necessary governmental permits, such as those required by commonwealth
and federal laws have been obtained, including those required by Act
537, the Pennsylvania Sewage Facilities Act,[1] the Dam Safety and Encroachments Act,[2] the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1334,
and the Pennsylvania Clean Streams Act. No permit shall be issued
until this determination has been made. No construction shall commence
until evidence of approved Pennsylvania Department of Transportation
and/or Township driveway permits (if required) has been provided to
the Zoning Officer, and a determination that the permit complies with
applicable building codes and/or a Township stormwater management
permit has been received.
(11)
No encroachment, alteration, or improvements of any kind shall
be made to any watercourse, including such watercourses as may be
located outside the mapped floodplain areas, until a stormwater management
permit is issued and until all required permits or approvals have
been first obtained from the Department of Environmental Protection.
(a)
The Federal Emergency Management Agency and Pennsylvania Department
of Community and Economic Development, Bureau of Community Planning,
shall be notified by the applicant prior to any alteration or relocation
of any watercourse, and said notification and all subsequent correspondence
provided to the Township.
(12)
During the construction period and upon completion of the work,
the Township shall inspect the premises to determine that the work
is progressing in compliance with the information provided on the
permit application and with all Township laws and codes.
(a)
In the event that the Township discovers that the work does
not comply with the permit application or any applicable laws and
codes, or that there has been a false statement or misrepresentation
by any applicant, the Zoning Officer shall revoke the building permit.
E.
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 zoning permit and/or
building 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. The applicant shall notify the Zoning
Officer when construction is complete and is ready for the certificate
of use and occupancy inspection.
(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 building 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 permit has been completed and, if satisfied that
the work is in conformity and compliance with the work listed in the
issued permit and all other pertinent laws, s/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 or building 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 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 subdivisions 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, mixed-use and industrial zones or uses 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.
The Board of Supervisors may set fees, payable in advance, for
all applications, permits, or appeals provided for by this chapter
to defray the cost of advertising, processing, inspecting, mailing
notices, charges of a stenographer for taking the notes of testimony,
and copying applications and permits. Such fees shall be in accordance
with a fee schedule adopted by resolution of the Board of Supervisors
upon enactment of this chapter, or as such schedule may be amended.
A.
Amendments. The Board of Supervisors of the Township may, from time
to time as hereinafter provided, amend, change or repeal this chapter
or the Official Zoning Map of the Township. Any amendment, change
or repeal may be initiated by the Board of Supervisors, the Township
Planning Commission or by a petition to the Board of Supervisors.
The Township shall refer any proposed amendment to this chapter or
to the Zoning Map for review and recommendations in accordance with
the requirements of the MPC.[1] The Board of Supervisors shall fix a time and place for
a public hearing at which parties of interest and citizens shall have
an opportunity to be heard.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Hearing and enactment procedures for zoning amendments. The Township
shall refer any proposed amendment to this chapter or to the Zoning
Map to the Township and York County Planning Commissions for their
review and recommendations in accordance with the requirements of
the MPC. The Board of Supervisors shall fix a time and place for a
public hearing at which parties of interest and citizens shall have
an opportunity to be heard. Notice of such public hearing shall be
given in accordance with the requirements of the MPC.
C.
Amendment initiated by a petition from an interested party. A petition
for amendment, 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 shall be established by the Board
of Supervisors.
D.
Curative amendment by landowner. The Board of Supervisors shall consider,
conduct hearings, and render decisions upon curative amendments filed
by landowners in accordance with the requirements of the MPC.
E.
Curative amendment by the Board of Supervisors. The Board of Supervisors
may take action to declare this chapter or any portion thereof substantially
invalid in accordance with the authorization and procedures set forth
in the MPC. If the Board of Supervisors makes such a declaration,
the Board of Supervisors shall proceed to amend this chapter in accordance
with the requirements of the MPC.
F.
Authentication of Official Zoning Map. Whenever there has been a
change in the boundary of a zone 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. All applications for conditional uses
shall be submitted to the Zoning Officer. All applications shall be
made on the form supplied by the Township and shall contain information
requested on such form. All applications shall also contain the following
information:
(1)
Name and address of the applicant and, if different, the name
and address of the landowner. If the applicant is not the landowner
of record, information demonstrating that the applicant has the legal
right to make the application shall accompany the application.
(2)
Existing and proposed features in accordance with Chapter 435, Subdivision and Land Development, requirements.
(3)
Dimensions and shape of the lot to be developed, and the location
and dimensions.
(4)
The height of any proposed buildings or structures.
(5)
Existing and proposed uses of all existing and proposed structures
and land uses.
(6)
Existing and proposed off-street parking and loading spaces.
(7)
Scaled, legible and accurate drawings with sufficient detail
to demonstrate compliance with all applicable provisions of this chapter.
(8)
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter.
(9)
A listing of all special exceptions and/or variances which the
applicant is requesting in connection with the proposed use.
B.
General criteria. Each applicant must demonstrate compliance with
the following:
(1)
The proposed use shall be consistent with the purpose and intent
of this chapter.
(2)
The proposed use shall not detract from the use and enjoyment
of adjoining or nearby properties.
(3)
The proposed use will not affect a change in the character of
the subject property's neighborhood.
(4)
Adequate public facilities are available to serve the proposed
use (e.g., schools, fire, police and ambulance protection, sewer,
water, and other utilities, vehicular access, etc.).
(5)
For development within the designated floodplain, that the application complies with those requirements listed in Chapter 400, Floodplain Management.
(6)
The proposed use shall comply with those criteria specifically listed in Article 3 of this chapter. In addition, the proposed use must comply with all other applicable regulations of this chapter.
(7)
The proposed use will not substantially impair the integrity
of the Township's 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 zone. 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 approval plan. Any site plan presented in support of the conditional use pursuant to § 450-705A 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 building 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.
F.
Time limitation.
(1)
If a conditional use is granted, the necessary permit shall
be secured and the authorized action begun within one year after the
date when the conditional use is finally granted.
(2)
Should the appellant or applicant fail to obtain the necessary
permits within said one-year period, or having obtained the permit
should s/he fail to commence work there under within such one-year
period, it shall be conclusively presumed that the appellant or applicant
has waived, withdrawn, or abandoned his/her application, and all approvals
and permit granted to him/her shall be deemed automatically rescinded
by the Board of Supervisors.
(3)
The Board of Supervisors as a part of the original application
before the Board, may approve extended deadlines from those listed
above for just cause.
Except as otherwise required by law, this chapter is intended
as a continuation of, and not a repeal of existing regulations governing
the subject matter. To the extent that this chapter restates regulations
contained in codes previously enacted by the Board of Supervisors,
this chapter shall be considered a restatement and not a repeal of
such regulations. It is the specific intent of the Board that all
provisions of this chapter shall be considered in full force and effect
as of the date such regulations were initially enacted. All codes
or parts of codes inconsistent with the provisions of this chapter
are hereby repealed. It is expressly provided that the provisions
of this chapter shall not affect any act done, contract executed or
liability incurred prior to its effective date, or affect any suit
or prosecution pending or to be instituted to enforce any rights,
rule, regulation or code, or part thereof, or to punish any violation
which occurred under any prior zoning regulation or ordinance. In
the event any violation has occurred under any prior zoning regulation
or code of Carroll Township, prosecution may be initiated against
the alleged offender pursuant to the provisions of said prior zoning
regulation or code, and the provisions and penalties provided in said
prior zoning regulation or code shall remain effective as to said
violation.
