A. 
The purpose and objective of the provisions established under Article XXV of this chapter is to establish specific regulations and guidelines for the administration and enforcement of this chapter.
B. 
Where a conflict or discrepancy should arise concerning the procedural requirements specified by this chapter and the Pennsylvania Municipalities Planning Code, the East Lampeter Township Solicitor shall review the conflict or discrepancy and advise the Board of Supervisors, Planning Commission, Zoning Officer, Engineer and/or Zoning Hearing Board of the procedural requirements that should be followed.
C. 
The provisions established for administration and enforcement, as established under Article XXV of this chapter shall be subject to the interpretation of the East Lampeter Township Zoning Officer and/or Solicitor. Should a dispute arise concerning the interpretation of these regulations, the person aggrieved by the interpretation may file an appeal.
A. 
Appointment. The provisions of this chapter shall be administered, interpreted and enforced by the East Lampeter Zoning Officer who shall be appointed by, and be responsible to, the East Lampeter Township Manager. The Zoning Officer shall not hold any elective office within East Lampeter Township and shall continue to serve East Lampeter Township until such time East Lampeter Township declares otherwise.
B. 
Duties and responsibilities. The Zoning Officer is responsible to administer, interpret and enforce the provisions of this chapter, which shall include the following duties and powers:
(1) 
Applications. The Zoning Officer shall receive applications and issue permits in accordance with the provisions established by this chapter.
(2) 
Inspections. As part of the permit process, the Zoning Officer shall have the right, but not the duty, to inspect a property in order to determine if compliance if the applicant is in compliance with the provisions established by this chapter.
(3) 
Official records. The Zoning Officer shall maintain all applications and permit that are required by this chapter. The records of Zoning Officer shall be available for the use of East Lampeter Township and for inspection by any interested party during normal office hours.
(4) 
Violations. The Zoning Officer shall serve notice of violations on any person, firm, corporation, or partnership responsible for violating any of the provisions of this chapter. The Zoning Officer shall also be responsible for instituting civil enforcement proceedings as a means of enforcement pursuant to the provisions specified under this chapter as well as the provisions that have been established by East Lampeter Township and the Commonwealth of Pennsylvania.
(5) 
Complaints. The Zoning Officer shall investigate alleged violations of this chapter. If after the investigation the Zoning Officer determines that a violation has occurred, he shall take the appropriate actions as specified by this chapter and the Pennsylvania Municipalities Planning Code.
(6) 
Requests. Upon the request of the Board of Supervisors, Planning Commission or the Zoning Hearing Board, the Zoning Officer shall present to such bodies facts, records, and similar information in the interest of assisting such bodies in reaching their decisions.
(7) 
Zoning Ordinance and Zoning Map. The Zoning Officer shall be responsible for keeping this chapter and the Zoning Map up-to-date, including any amendments thereto.
(8) 
Floodplain records. The Zoning Officer shall be responsible for all records concerning the provisions and approvals relating to Floodplain Overlay District, as specified under § 375-21040 of this chapter.
(9) 
Preliminary opinion. The Zoning Officer shall render a preliminary opinion regarding a proposed land use and zoning interpretation in accordance with the provisions specified under § 375-25120A of this chapter and the Pennsylvania Municipalities Planning Code.
(10) 
Other duties. The Zoning Officer shall perform all other required administrative duties specified by this chapter in accordance with the provisions of the Pennsylvania Municipalities Planning Code and East Lampeter Township.
C. 
Assistant Zoning Officer. East Lampeter Township may appoint an Assistant Zoning Officer who shall work under the direction of the East Lampeter Township Manager and Zoning Officer.
A. 
General requirements. It shall be unlawful to commence with any subdivision, land development activities and site improvements or to change the use of any building, structure, or property, until all permits have been issued by the agencies with jurisdiction.
B. 
Form of application. The application for a zoning permit shall be submitted in such form as the Zoning Officer may prescribe and shall be accompanied by the required fee stipulated by East Lampeter Township. Application for a zoning permit shall be made by the landowner, his agent or the equitable owner. The full names and addresses of the landowner, his agent or the equitable owner, and of the responsible officers if the landowner, his agent or the equitable owner is a corporate body or a partnership, shall be stated in the application.
C. 
Description of work activities. The application shall contain a general description of the proposed work and/or use and occupancy of all parts of the building, structure, sign, or land; such additional information as may be required by the Zoning Officer; and the following information, when applicable.
(1) 
The actual dimensions and shape of the lot to be built upon.
(2) 
The exact size and location on the lot of buildings, structures, fences, or signs existing and/or proposed extensions thereto drawn to scale.
(3) 
The number of dwelling units, if any, to be provided.
(4) 
Driveways and access drives.
(5) 
The height of the structure, building, or sign.
(6) 
Distances of buildings and structures from lot lines and street right-of-way lines.
(7) 
Existing and proposed uses, including the number of occupied units, businesses, etc., all structures are designed to accommodate.
(8) 
Off-street parking and loading areas and access thereto, including grades.
(9) 
Utility systems affected and proposed, including sewage disposal systems.
(10) 
Building coverage and lot coverage.
(11) 
Site lighting, including lighting of signs.
(12) 
Floor area devoted to each apartment, commercial, industrial, institutional, and home occupation use.
(13) 
Recreation areas.
(14) 
Screens, buffer yards, and landscaping.
(15) 
Pedestrian access.
(16) 
If the proposed development, excavation, or construction is located within the Floodplain Overlay District, the following information is specifically required to accompany the application.
(a) 
The accurate location of the floodplain and floodway.
(b) 
The elevation in relation to the National Geodetic Vertical Datum of the lowest floor.
(c) 
The elevation in relation to the NGVD to which all structures and utilities will be floodproofed or elevated.
(d) 
The provisions relating to the Floodplain Overlay District are contained under § 375-21040 of this chapter.
(17) 
Applications involving any excavation or earthmoving shall require submission of the following:
(a) 
Applications for permits involving agricultural or nonagricultural use where any of the following conditions apply shall require submission of written evidence that the proposed use has a conservation plan or an erosion and sedimentation pollution control plan approved by the Lancaster County Conservation District.
[1] 
Where the area of earth disturbance will be one acre or larger.
[2] 
Where the piping of stormwater or the alteration of natural or man-made watercourses is proposed.
[3] 
Where the site includes slopes exceeding 10%.
[4] 
Where the site contains or abuts a body of water or a watercourse.
[5] 
Where the site and proposed use or activity presents the potential for sedimentation to nearby bodies of water.
(b) 
Applications for permits that do not involve agricultural uses or activities, and do not involve any of those conditions listed above shall require the submission of a signed statement by the applicant that an adequate erosion and sediment control plan will be developed, implemented, and maintained prior to any excavation or earthmoving on the site.
(18) 
Solid waste storage areas outside of buildings.
(19) 
The following information shall be provided as a part of the application for commercial and industrial uses.
(a) 
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.
(b) 
Engineering plans for treatment and disposal of sewage and industrial waste, tailings, and unusable by-products.
(c) 
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.
(d) 
Designation of the manner by which sanitary sewage and stormwater shall be disposed of and water supply obtained.
(e) 
The proposed number of shifts to be worked and the maximum number of employees on each shift.
(f) 
Where use by more than one firm is anticipated, a list of firms which are likely to be located in the use, their floor area, and estimated number of employees shall be provided.
(20) 
Building construction plans as may be required for approval in accordance with the provisions established by East Lampeter Township and the Commonwealth of Pennsylvania.
(21) 
Documentation that a subdivision plan and/or land development plan have been recorded in the office of the Lancaster County Recorder of Deeds.
(22) 
Documentation that a permit has been approved for the installation or modification of an on-lot sewage disposal system.
(23) 
Documentation that a permit has been approved for connection to a public or community sewage disposal system and/or a public or community water supply system.
(24) 
All other information necessary for the Zoning Officer to determine conformance with and provide for enforcement of this chapter.
D. 
Issuance of permit. 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 laws, the Zoning Officer shall reject such application, in writing, within 90 days after the application is filed, stating the reasons therefor and the manner, if any, in which the application can be corrected and/or modified to obtain approval. The Zoning Officer shall inform the applicant of his right of appeal to the Zoning Hearing Board in the event that such application is rejected. If satisfied that the proposed work or use conforms to the provisions of this chapter and all other pertinent laws and ordinances, the Zoning Officer shall issue a permit as soon as practical but in no event more than 90 days after the application is filed. 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 or if the applicant does not respond to the Zoning Officer, the permit will be denied.
E. 
Expiration of permit. The zoning permit shall expire one year from the date of issuance; however, the permit may be extended by the Zoning Officer upon reasonable cause shown and at his discretion for one or two six-month periods, not to exceed an additional one year.
F. 
Revocation of permit. The Zoning Officer may revoke a zoning permit or approval issued under the provisions of this chapter in the case of any false statement or misrepresentation of fact in the application or on the plans upon which the permit or approval was based, or if it is found that the work performed or the use to which the property is put is not in conformance with the application, or for any other cause set forth in this chapter.
G. 
Posting of permit. A true copy of the zoning permit shall be kept on the site of operations. This permit must be posted at all times at a location visible to the traveling public, it must be protected from the weather, and remain legible during the entire time of prosecution of the work until completion of same as defined in the application.
H. 
Conditions for permit issuance.
(1) 
Payment of fees. No zoning permit shall be issued until the fees prescribed by the Board of Supervisors pursuant to resolution shall be paid to East Lampeter Township. The payment of fees under this section shall not relieve the applicant or holder of said zoning permit from payment of other fees that may be required by this chapter or by any other ordinances or law.
(2) 
Compliance with this chapter. The 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 or any conditions which may have been imposed by the Zoning Hearing Board or Board of Supervisors.
(3) 
Compliance with permit and plot plan. All work or use shall conform to the approved application and plans for which the permit has been issued, as well as to the approved plot plan.
I. 
Other permits. Pursuant to the provisions established by East Lampeter Township, additional permits may be required by local, regional, county, state and federal agencies, which shall be issued prior to the commencement of any improvement or site activities.
A. 
Enforcement notice. The following general provisions shall apply to enforcement notices:
(1) 
If it has been determined that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice in accordance with the provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
(2) 
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.
(3) 
An enforcement notice shall specify the nature of the zoning office as well as all information and documentation specified by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
(4) 
The Zoning Officer shall issue the enforcement notice in accordance with the provisions specified by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
B. 
Causes of action. 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 Zoning Officer, 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 East Lampeter 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. No such action may be maintained until such notice has been given.
C. 
Enforcement remedies.
(1) 
The Magisterial District Judges shall have initial jurisdiction over proceedings brought under this chapter.
(2) 
Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this chapter shall be subject to the enforcement remedies and penalties, which are further specified under this chapter.
(3) 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
(4) 
Nothing contained within this chapter shall be construed or interpreted to grant to any person or entity other than East Lampeter Township the right to commence any action for enforcement in accordance with this chapter.
A. 
General provisions. The following general provisions shall apply to the appointment, membership, removal, vacancy, compensation and expenditure requirements for the Zoning Hearing Board:
(1) 
Appointment. The Board of Supervisors shall appoint three residents to serve as members of the Zoning Hearing Board in accordance with the provisions of East Lampeter Township and Pennsylvania Municipalities Planning Code.
(2) 
Alternates. The Board of Supervisors may appoint three alternates to serve as members of the Zoning Hearing Board on an as-needed basis in accordance with the provisions of East Lampeter Township and Pennsylvania Municipalities Planning Code.
(3) 
Terms. The members of the Zoning Hearing Board shall serve three-year terms and shall be so fixed that the term of office of one member shall expire each year.
(4) 
Vacancy. The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies, which may occur. Appointments to fill vacancies shall be only for the unexpired portion of the term.
(5) 
Conflict of interest. The members of the Zoning Hearing Board shall not be an employee of East Lampeter Township and shall not hold any other office within East Lampeter Township.
(6) 
Removal. Any member of the Zoning Hearing Board may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, as determined by a majority vote of the Board of Supervisors taken after the member has received 15 days of advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
(7) 
Compliance. The Zoning Hearing Board shall act in strict accordance with the procedures specified within East Lampeter Township and the Pennsylvania Municipalities Planning Code.
B. 
Organization and protocol. The following provisions shall apply to the organization, protocol and operating procedures of the Zoning Hearing Board:
(1) 
Officers. The Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves.
(2) 
Hearings. The Zoning Hearing Board shall hold public hearings pursuant to public notice to consider zoning variances, special exception applications, appeals and other procedures specified by this chapter.
(3) 
Quorum. For the conduct of any hearing and considering any action, a quorum shall be not less than a majority of all members of the Zoning Hearing Board.
(4) 
Hearing officer. The Zoning Hearing Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Zoning Hearing Board, as provided by East Lampeter Township.
(5) 
Appointments. The Zoning Hearing Board may appoint a solicitor or attorney to oversee the procedures of the hearing in accordance with the provisions established by of East Lampeter Township and the Pennsylvania Municipalities Planning Code.
(6) 
Records. The following provisions shall apply to the records of the Zoning Hearing Board:
(a) 
The Zoning Hearing Board shall keep full public records of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, then indicating such fact.
(b) 
The Zoning Hearing Board shall also keep full public records of its business and other official action, copies of which shall be maintained by East Lampeter Township. Such records shall be the property of East Lampeter Township.
(c) 
The Zoning Hearing Board may assign a stenographer, court reporter or secretary to record the testimony and minutes from the hearing.
(d) 
If requested by the Board of Supervisors, the Zoning Hearing Board shall submit an annual report of its actions and activities to the Board of Supervisors.
(7) 
Fees and expenditures. The following provisions shall apply to expenditures and fees for the East Lampeter Township Zoning Hearing Board:
(a) 
The members of the Zoning Hearing Board may receive compensation for the performance of their duties and services, which shall be established by the Board of Supervisors.
(b) 
Within the limits of funds appropriated by the Board of Supervisors, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical services.
(c) 
The applicant before the Zoning Hearing Board shall deposit with the designated Secretary or Treasurer of East Lampeter Township such a sum of money as shall be deemed sufficient by the Zoning Hearing Board and established in a resolution to pay the cost of the expenses for the hearing. These costs may include compensation in accordance with the provisions of the Pennsylvania Municipalities Planning Code.
(8) 
The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent with the provisions of East Lampeter Township and laws of the Commonwealth of Pennsylvania.
C. 
Jurisdiction of adjudications. The Zoning Hearing Board shall have exclusive jurisdiction to conduct hearings and render decisions in the following matters.
(1) 
Applications for variances from the terms of this chapter, subject to the provisions specified under § 375-25060 of this chapter.
(2) 
Applications for special exceptions for certain uses and applications, subject to the specified under § 375-25070 of this chapter.
(3) 
Substantive challenges to the validity of this chapter, except for those brought before the Board of Supervisors pursuant to the provisions specified by the Pennsylvania Municipalities Planning Code.
(4) 
Challenges to the validity of this chapter raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after the effective date of this chapter.
(5) 
Appeals from the determination of the Zoning Officer, including, but not limited to: the granting or denial of any permit; failure to act upon an application; the issuance of an enforcement notice; the issuance of a cease and desist order; and/or decisions made by the Zoning Officer as the administrator of this chapter.
(6) 
Appeals from the Zoning Officer's determination to obtain preliminary opinion in accordance with provisions specified under § 375-25120 of this chapter.
(7) 
Appeals from a determination by the East Lampeter Township Zoning Officer with reference to the administration of the Airport Overlay District and/or Floodplain Overlay District, as specified under § 375-21030 and § 375-21040 of this chapter.
D. 
Applications. The following procedures shall be required for an application to the Zoning Hearing Board:
(1) 
East Lampeter Township shall review and process all applications and appeals submitted to the Zoning Hearing Board in accordance with the provisions specified by the Pennsylvania Municipalities Planning Code and by this chapter.
(2) 
All application and appeals submitted to the Zoning Hearing Board shall be in writing on the forms prescribed by East Lampeter Township.
(3) 
Every application and appeal shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed, the grounds for any challenges to the validity of this chapter, the use for which a special exception is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. All appeals and any stay of proceedings shall be in accordance with the provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
(4) 
Applications and appeals, together with the required filing fee as established by the Board of Supervisors, shall be submitted to East Lampeter Township. At a minimum, all materials required for a zoning permit, as well as other information requested by the Zoning Officer, shall be submitted with the application. The applicant shall also submit a description of the operations proposed in sufficient detail to indicate the effects of those operations proposed in producing traffic congestion, noise, glare, water pollution, fire hazards, safety hazards, and other potentially harmful activities.
(5) 
The burden of proof in all zoning cases coming before the Zoning Hearing Board shall be upon the applicant to establish compliance with all requirements of this chapter pertaining to the matter before the Zoning Hearing Board.
E. 
Public hearings. The Zoning Hearing Board shall conduct public hearings and render decisions in accordance with the provisions specified by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
F. 
Time limitations. The Zoning Hearing Board shall consider all applications in accordance with the provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
G. 
In all cases before the Zoning Hearing Board, the Board of Supervisors, Planning Commission, and Zoning Officer may review and comment on the application prior to rendering a decision.
A. 
The Zoning Hearing Board shall hear requests for zoning variance applications, whereas it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The zoning variance application shall be considered by the Zoning Hearing Board in accordance with the provisions specified by this chapter and the Pennsylvania Municipalities Planning Code.
B. 
In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code. The Zoning Hearing Board may, by rule, prescribe the form of application and may require a preliminary application to be issued and reviewed by the Zoning Officer.
C. 
In all cases before the Zoning Hearing Board, the Board of Supervisors, Planning Commission and Zoning Officer may review and comment on the zoning variance application prior to the Zoning Hearing Board rendering a decision.
D. 
The Zoning Hearing Board has the authority to grant a variance in accordance with the provisions established by this chapter and the Pennsylvania Municipalities Planning Code.
E. 
If a permit is required to satisfy the conditions of approval for the zoning variance application, the applicant shall obtain the required permit(s) within six months from the approval date of the zoning variance application. All required site improvements and construction activities stipulated by the permit(s) shall be completed within one year from the date that the permit(s) have been issued by East Lampeter Township or the authorized agencies with jurisdiction. Should additional time be required, the applicant shall seek a time extension before the Zoning Hearing Board or request such at the time of initial approval.
F. 
If the applicant should fail to comply with the terms and conditions specified under § 375-25050F of this chapter, the decision and order issued by the Zoning Hearing Board shall expire and any relief granted by the zoning variance application shall become voided.
G. 
For zoning variance applications, where compliance with the minimum dimensional requirements and/or maximum coverage requirements of this chapter are considered to be de minimis in terms of their impact, the Zoning Hearing Board may consider such application in accordance with the laws of the Commonwealth of Pennsylvania.
A. 
The Zoning Hearing Board shall consider the special exception applications in accordance with the provisions established by this chapter and by the Pennsylvania Municipalities Planning Code.
B. 
The Zoning Hearing Board shall consider the comments issued by the East Lampeter Township Board of Supervisors, Planning Commission, Engineer, Zoning Officer, and/or other agencies that could assist the Zoning Hearing Board with the special exception application. All such comments shall be made either in writing and presented as evidence during the hearing or as part of sworn testimony at the public hearing.
C. 
In granting any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, as amended. The Zoning Hearing Board may, by rule, prescribe the form of application and may require a preliminary application to be issued and reviewed by the Zoning Officer.
D. 
The Zoning Hearing Board shall consider the following issues prior to rendering its decision on a special exception application:
(1) 
That such use is consistent with the Comprehensive Plan.
(2) 
That such use shall be one, which is specifically authorized as a special exception use within the zoning district wherein the applicant seeks a special exception.
(3) 
That the property is suitable for the use desired and that the proposed request is consistent with the purpose and community development objectives established by this chapter.
(4) 
That such special exception shall only be granted subject to any applicable condition and safeguards as required by this chapter.
(5) 
That such use shall not adversely affect the general character of the neighborhood and/or property values of the adjacent uses.
(6) 
That such use shall not adversely affect the health, safety and/or welfare of residents or property owners within the general neighborhood.
(7) 
That there will be no adverse effect from the proposed use on community facilities and services, including, water supply, sewage disposal, streets, police and fire protection, emergency management services, municipal services, schools, and all other similar facilities and services.
(8) 
That the proposed location of any residential or nonresidential use is suitable with respect to probable effects upon highway traffic and assures adequate access arrangements in order to protect major streets and highways from undue congestion and hazard.
(9) 
The adequacy of sanitation and public safety provisions.
(10) 
The Zoning Hearing Board may impose such conditions, in addition to those required, as are necessary to assure that the intent of this chapter is complied with, which conditions may include, but are not limited to: harmonious design of buildings; planting and its maintenance as a sight or sound screen; the minimizing of noxious, offensive or hazardous elements; adequate standards for parking and sanitation; and other reasonable conditions.
E. 
The Zoning Hearing Board shall advertise and conduct the special exception hearing in accordance with the provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
F. 
If a permit is required to satisfy the conditions of approval for the special exception application, the applicant shall obtain the required permit(s) within one year from the approval date of the special exception application. All required site improvements and construction activities stipulated by the permit(s) shall be completed within one year from the date that the permit(s) have been issued by East Lampeter Township or the authorized agencies with jurisdiction. Should additional time be required, the applicant shall seek a time extension before the Zoning Hearing Board or request such at the time of initial approval.
G. 
If the applicant should fail to comply with the terms and conditions specified as part of the decision issued by the Zoning Hearing Board, the decision and order issued by the Zoning Hearing Board shall expire and that the approval of the special exception application shall become voided.
H. 
Unless otherwise stipulated as part of the special exception decision issued by the by the Zoning Hearing Board, East Lampeter Township may consider granting a time extension in order for the landowner or applicant to comply with the provisions specified under § 375-25050F of this chapter.
A. 
The Board of Supervisors shall hear requests for conditional use applications, as permitted in accordance with the provisions specified by this chapter and the Pennsylvania Municipalities Planning Code.
B. 
In granting any conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
C. 
Unless otherwise required by East Lampeter Township, a preliminary subdivision plan or preliminary land development plan shall be prepared and submitted with the conditional use application for review and consideration in accordance with the procedures and requirements specified by East Lampeter Township.
D. 
Prior to the commencement of the conditional use hearing or during the proceedings of the conditional use hearing, the Board of Supervisors shall consider the comments of the East Lampeter Township Planning Commission, Zoning Officer, Engineer, the appointed professional consultants and/or other agencies that could assist the Board of Supervisors with the merits of the conditional use application. All such comments shall be made either in writing and presented as evidence during the hearing or as part of sworn testimony at the conditional use hearing.
E. 
All of the standards for conditional uses hereinafter set forth shall, where relevant, apply to all conditional uses within East Lampeter Township and are deemed definitional in character so that the failure to comply with any standards shall be deemed a failure to bring the applicant within that definitional aspect for which a conditional use may be granted; or, in the discretion of the Board of Supervisors, such failure to comply with the standards may be deemed a basis for the impositions of appropriate conditions to such grant. It is further the intention of the Board of Supervisors that the standards hereinafter described shall be deemed additional standards and shall in no way impair any other applicable standard described elsewhere in this chapter. Where there is a conflict between the standards set forth in this article and other standards elsewhere established by this chapter or other applicable ordinances, it is intended that the more stringent thereof shall apply, and it is not the intent of this article to abrogate or impair any other such standards or requirements.
F. 
The Board of Supervisors shall consider the following general issues and site requirements prior to rendering its decision on a conditional use application:
(1) 
That such use is consistent with the Comprehensive Plan.
(2) 
That the property is suitable for the use desired and that the proposed request is consistent with the purpose and community development objectives established by this chapter.
(3) 
The minimum and maximum dimensional requirements for the proposed use within the appropriate zoning district shall be held in compliance by the applicant.
(4) 
The applicant shall establish by a fair preponderance of credible evidence that the use intended at the location intended shall not be contrary to the public health, safety, morals and/or public welfare.
(5) 
The applicant shall provide evidence with supporting documentation that the capacity of the road system providing access to the property or lot in question has sufficient capacity to accommodate the use.
(6) 
The applicant shall provide evidence with supporting documentation that the traffic circulation for the proposed use at the proposed location, including, but not limited to, acceleration and deceleration lanes where required at the proposed entrances to the location, shall be adequate to provide safe and convenient circulation for users of the facility, visitors to the facility, employees of the facility and all emergency vehicles that may require entrance thereon.
(7) 
The applicant shall provide evidence with supporting documentation the facility or use provides safe and convenient pedestrian access and internal circulation within the grounds of the facility and particularly for points of access from the facility to the parking areas.
(8) 
The applicant shall provide evidence with supporting documentation that adequate screening and buffering is provided between the lands in question and surrounding residential uses and residentially zoned districts to screen the facility from view so as to preclude glare from lighting or noise from the operation from being greater than or more objectionable, at the property boundaries, than that from normal uses which are permitted by right within the zoning district with which the facility or use is located.
(9) 
That there will be no adverse effect from the proposed use on community facilities and services, including, water supply, sewage disposal, streets, police and fire protection, emergency management services, municipal services, schools, and all other similar facilities and services.
(10) 
The applicant shall provide evidence with supporting documentation that the local police and fire departments have the abilities to provide adequate emergency management services for the use.
(11) 
The applicant shall provide evidence with supporting documentation that adequate water supply and storage is available within the region for fire-fighting purposes without adversely impairing the uses of the water supply for ordinary purposes on the premises and shall be in compliance with all applicable governmental regulations.
(12) 
The applicant shall provide evidence with supporting documentation that the existing or proposed water supply facilities have sufficient capacity for the proposed use.
(13) 
The applicant shall provide evidence with supporting documentation that the existing or proposed sanitary sewage disposal facilities have sufficient capacity for the proposed use.
(14) 
Where, in the opinion of the Board of Supervisors, the use or facility may require supervision and protection, the applicant shall provide evidence with supporting documentation that additional security measures will be accounted for by the owner or site manager so the facility or use does not create a continuous burden on the emergency management services and providers.
G. 
The Board of Supervisors shall process, review and consider the conditional use application in accordance with the provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
H. 
The Board of Supervisors shall advertise and conduct the conditional use hearing in accordance with the provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
I. 
Nothing in this section shall be construed to relieve the applicant for a conditional use approval from obtaining all other required approvals mandated by East Lampeter Township as well as other pertinent laws, ordinances and regulations that have been adopted by local, state and federal agencies. This may include the submission of a subdivision plan and/or land development plan to be prepared by the applicant and submitted to East Lampeter Township.
J. 
If a permit is required to satisfy the conditions of approval for the conditional use application, the applicant shall obtain the required permit(s) within one year from the approval date of the conditional use application. All required site improvements and construction activities stipulated by the permit(s) shall be completed within one year from the date that the permit(s) have been issued by East Lampeter Township or the authorized agencies with jurisdiction. Should additional time be required, the applicant shall seek a time extension before the Board of Supervisors or request such at the time of initial approval.
K. 
If the applicant should fail to comply with the terms and conditions specified by the Board of Supervisors, the decision and order issued by the Board of Supervisors shall expire and that the approval of the conditional use application shall become voided.
L. 
Unless otherwise stipulated as part of the conditional use decision, the Board of Supervisors may consider granting a time extension in order for the landowner or applicant to comply with the provisions specified by this chapter.
A. 
Zoning amendments. The Board of Supervisors may from time to time amend, supplement, change, modify or repeal the contents of this chapter, including the Zoning Map. All such amendments shall be considered in accordance with the provisions established by East Lampeter Township and Pennsylvania Municipalities Planning Code.
B. 
If an amendment to this chapter, a public hearing shall be scheduled and conducted in accordance with the provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
C. 
Curative amendment. A landowner who desires to challenge on substantive grounds the validity of this chapter, 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. The following provisions shall apply to a curative amendment:
(1) 
A curative amendment shall be formally submitted by a landowner as a written request that his challenge and proposed amendment be heard by East Lampeter Township.
(2) 
All such curative amendments shall be reviewed, considered and decided in accordance with the provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
(3) 
East Lampeter Township by formal action, may declare this chapter or portions thereof substantively invalid and propose the preparation of a municipal curative amendment to overcome such invalidity. All such municipal curative amendments shall be decided as provided in accordance with the appropriate provisions that are established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
(4) 
All landowner curative amendments and/or municipal curative amendments shall be referred to the East Lampeter Township Planning Commission and the Lancaster County Planning Commission at least 30 days prior to the initial hearing date to provide both agencies with an opportunity to submit recommendations.
(5) 
The advertisement, posting and scheduling of the public hearing shall be conducted in accordance with the appropriate provisions that are established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
D. 
All enacted amendments to this chapter shall be maintained by East Lampeter Township and included as part of this chapter.
A. 
This chapter shall not apply to any existing or proposed buildings, or extension thereof, used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed building in question is reasonably necessary for the convenience or welfare of the public. This exemption shall not apply to telecommunications antennas, communications equipment buildings, and communication towers for wireless telecommunication services regulated under the Telecommunications Act of 1996.
B. 
No exemption shall be granted by East Lampeter Township for any use, building, structure, or sign unless evidence has been submitted to justify that the exemption is warranted under the laws, rules, and regulations of the Commonwealth of Pennsylvania.
A. 
Preliminary opinion. In order not to delay unreasonably the time when a landowner may secure assurance that this chapter or Zoning Map under which he proposes to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may be unavailable, the landowner may advance the date from which time for any challenge to this chapter or Zoning Map will run under § 914.1 of the Pennsylvania Municipalities Planning Code by following the procedures set forth in the Pennsylvania Municipalities Planning Code.
B. 
Mediation. If necessary, mediation proceedings shall be conducted in accordance with the provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
C. 
Appeals. All appeals concerning the review, application, interpretation and decisions authorized by this chapter shall be in accordance with the appropriate provisions that are established by East Lampeter Township and the Pennsylvania Municipalities Planning Code. All such appeals concerning an alleged error in the processing or enactment of any components of this chapter shall be raised by appeal taken directly from the action of the Board of Supervisors to the appropriate court, which shall not be filed later than 30 days from the effective date of this chapter.
A. 
The Board of Supervisors shall establish by resolution a schedule of fees, charges and expenses as well as the collection procedures for zoning permits, certificates of occupancy, special exceptions, variances and appeals and other matters pertaining to this chapter. The resolution or schedule of the fees shall be available for inspection in the office of the East Lampeter Township Zoning Officer.
B. 
The Board of Supervisors may alter or change the schedule of the fees by resolution in accordance with the appropriate provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
A. 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable in a civil enforcement proceeding commenced by East Lampeter Township, pay a maximum judgment of $500 per day per violation, plus all related court costs, including reasonable attorney fees incurred by East Lampeter Township as a result thereof.
B. 
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, East Lampeter 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 determines otherwise as prescribed by the Pennsylvania Municipalities Planning Code.
C. 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
D. 
Nothing contained in this chapter shall be construed or interpreted to grant to any person or entity other than East Lampeter Township the right to commence any action for enforcement pursuant to this chapter.
E. 
In the event any building, structure or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, or in case any land, building or structure for which a use and occupancy permit is required is conveyed or possession otherwise transferred to a bona fide purchaser or lessee without obtaining such certificate of occupancy and delivering the same to such bona fide purchaser or lessee at or prior to conveyance or transfer of possession, whichever first occurs, the Board of Supervisors, in addition to other remedies, may institute in the name of East Lampeter Township any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land or the conveyance thereof, or to prevent in or about such premises any act, conduct, business or use constituting a violation.