[Ord. 187, 4/18/2008]
1.
For the
administration of this Chapter, a Zoning Officer, who shall not hold
any elective office in the Township, shall be appointed.
2.
The Zoning
Officer shall meet the qualifications established by the Township
and shall be able to demonstrate to the satisfaction of the Township
a working knowledge of municipal zoning.
3.
The Zoning
Officer shall administer this Chapter in accordance with its literal
terms, and shall not have the power to permit any construction or
any use or change of use which does not conform to this Chapter.
4.
The Zoning
Officer is hereby authorized to institute civil enforcement proceedings
as a means of enforcement when acting within the scope of his employment.
5.
Duties
and Powers. The Zoning Officer shall receive and examine all applications
for zoning permits and shall issue or deny a zoning permit in accordance
with the provisions of this Chapter. The Zoning Officer shall have
the right at any reasonable hour and after giving appropriate notice,
to make an inspection of buildings or land necessary for the proper
execution of his duties and shall issue a written notice of violation
to any person, firm or corporation violating any provision of this
Chapter. He shall keep records of applications for permits issued
and denied, of notices issued for violations, of inspections made,
of complaints received and other pertinent matters, a summary record
of which shall be transmitted monthly to the Secretaries of the Board
of Supervisors and the Zoning Hearing Board.
[Ord. 187, 4/18/2008]
1.
Purpose.
The purpose of the zoning permit is to determine compliance with the
provisions of this Chapter, and no person shall erect, convert or
structurally alter any structure or part thereof, nor alter the use
of any land, subsequent to the adoption of this Chapter, until a zoning
permit has been issued by the Zoning Officer. After a zoning permit
has been issued, the applicant may proceed to undertake the action
permitted by the permit and upon completion of such action, shall
apply to the Zoning Officer for a certificate of compliance.
2.
Applications
for Zoning Permits.
A.
All
applications for zoning permits shall be in writing, on forms to be
furnished by the Zoning Officer.
B.
Zoning
permit applications and all supporting documentation shall be made
in triplicate and submitted to the Zoning Officer with the required
fee.
C.
Upon
the issuance of a zoning permit the Zoning Officer shall return one
copy of all filed documents to the applicant and forward one copy
to the County Tax Assessor. In the event the application is denied,
reasons for such denial shall be transmitted to the applicant in writing.
D.
Any
zoning permit shall expire if construction has not commenced within
six months after the date of issuance, or has not been completed within
three years from said date, unless an extension, not to exceed six
months, is authorized in writing by the Zoning Officer.
[Ord. 187, 4/18/2008; as amended by Ord. 192, 11/20/2008; and by Ord. 237, 7/28/2020]
1.
All applications
submitted to the Zoning Officer for a zoning permit involving a permitted
use, as designated by this Chapter, shall be in triplicate and in
compliance with this Section. A zoning permit for a permitted use
shall be issued or denied by the Zoning Officer on his own authority
within 30 days after the filing of a complete and properly prepared
application.
2.
Every
application for a zoning permit shall contain the following information
and be accompanied by the required fee and by a plot plan drawn to
scale and signed by the person responsible for such drawing.
A.
The
actual shape, dimensions, radii, angles and area of the lot on which
the structure is proposed to be erected, or of the lot in which it
is situated if an existing structure.
B.
The
block and lot numbers as they appear on the latest tax records.
C.
The
exact size and locations on the lot of the proposed structure or structures
or alteration of an existing structure and of other existing structures
on the same lot.
D.
The
dimensions of all yards in relation to the subject structure and the
distances between such structure and any other existing structures.
E.
The
existing and intended use of all structures, existing or proposed,
the use of land, the number of dwelling units the structure is designed
to accommodate.
F.
Such
topographic or other information with regard to the structure, the
lot or neighboring lots as may be necessary to determine that the
proposed construction will conform to the provisions of this Chapter.
G.
All
applications for zoning permits in an ED or M-1 Zoning District shall
include the following:
(1)
Site development plans.
(2)
Approval of soil erosion plans from the Monroe County Soil Conservation
District.
(3)
Approval from the Department of Labor and Industry for all building
regulations.
(4)
Review and comment by the Township Engineer of the site development plan and its compliance with § 27-705 of this Chapter.
(5)
Review by Planning Commission and Supervisors if developed with multiple
buildings or lot is five acres or greater.
[Ord. 187, 4/18/2008]
1.
All applications
for a public hearing involving a conditional use as designated by
this Chapter shall be submitted to the Zoning Officer and shall be
processed in accordance with the following:
A.
Submission
of an application for a public hearing on a conditional use shall
be comprised of the following:
(1)
One application for a public hearing complete and properly prepared.
Forms furnished by the Township.
(2)
Ten copies of a tentative site development plan of the conditional
use.
(3)
Ten copies of a statement of purpose and extent of the conditional
use.
(a)
This statement should outline in detail the conditional use, any
future changes and present and future ownership.
(4)
Ten copies of any other requests for variance or waivers that may
be necessary, including the reasons therefore.
(5)
Ten copies of any other information or data the applicant may deem
necessary or desirable to be submitted.
(6)
Should a conditional use consist of or include any real property
lying within a distance of 500 feet from the boundary of any adjoining
Township or Borough, two additional copies of all documents and information
shall be submitted.
B.
The
submission date of the conditional use application and transmittal
of the submitted material by the Zoning Officer shall be as follows:
(1)
The submission date of a conditional use application shall be when
the Township Zoning Officer has determined that the application is
complete and all required documents and information has been submitted
and the required fee has been paid.
(2)
The Zoning Officer through the Board of Supervisors shall determine
the date of the public hearing and shall enter that date on the said
application form along with the dates of the public notice which shall
be advertised as follows:
(a)
“Public notice” shall be published once each week for
two successive weeks in a newspaper of general circulation in the
municipality. 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.
1)
The Zoning Officer shall conspicuously post a copy of the “public
notice” on the affected tract of land at least seven days prior
to the date of the hearing.
2)
Such notice shall state the time and place of the hearing and the
particular nature and location of the matter to be considered at the
hearing.
3)
A copy of the application form with the above dates along with a
copy of the “public notice” and a cover letter requiring
attendance at the public hearing and Planning Commission review date
shall be forwarded to the applicant by certified mail with a return
receipt requested within 30 days of the submission date.
(3)
Within 10 days of the submission date the Zoning Officer shall transmit
one copy of the application form and one copy of all supporting data
and information to the following:
(a)
Each member of the Board of Supervisors.
(b)
Solicitor to the Board of Supervisors.
(c)
The Secretary of the Township (this copy for public inspection)
(d)
Solicitor to the Township Planning Commission.
(e)
The Planning Commission’s Engineer along with a request for
a review and report to be submitted to the Planning Commission. The
submittal to the Engineer must be at least 10 days prior to the regularly
scheduled or special meeting at which the conditional use is to be
considered by the Planning Commission.
(f)
The final three copies to the Planning Commission members, along
with a request for comments and recommendations.
(g)
Should any site development plan involve any of the areas specified in Part 9, § 27-901, Subsection 2, the Zoning Officer shall transmit to the Secretary of the Monroe County Planning Commission a copy of said information within 10 days of the receipt thereof with a request for comments. The County Planning Commission shall report its opinions, findings and recommendations to the Zoning Officer within 30 days. Failure to do so shall constitute a favorable opinion of said site development plan by the County Commission.
C.
Commission
Review. In reviewing a site development plan for a conditional use
hearing, the Commission shall take into consideration the design,
location and adequacy of traffic access, parking, landscaping, screening,
illumination, and necessary public services and facilities and similar
factors relating to the health, safety, welfare, comfort, and convenience
of the public in general and of the residents of the immediate neighborhood
in particular.
D.
Commission
Action. Within 30 days of the filing of the application with the Zoning
Officer, the Commission shall act to recommend to the Supervisors,
in writing, that the site development plan be approved, approved with
modifications or disapproved, Failure on the part of the Commission
to act within 30 days shall be construed as a favorable recommendation
of the Commission.
E.
Supervisors
Action. The Township Board of Supervisors shall, after appropriate
“public notice,” conduct public hearings and make decisions
and findings in accordance with the following:
(1)
All hearings shall be held as advertised. Testimony shall be taken
under oath.
(2)
The Board shall not communicate directly or indirectly with any party
or his representative(s) in connection with any issue involved except
upon notice and opportunity for all parties to participate, shall
not take notice of any communication, reports, staff memoranda or
other materials unless the parties are afforded an opportunity to
contest the material so noticed and shall not inspect the site or
its surroundings after the commencement of the hearings with any party
or his representative unless all parties are given the opportunity
to be present.
(3)
The parties to the hearing shall be the Township, any person affected
by the application who has made timely request for appearance of record
before the Board and any other person, including civic and community
organizations permitted to appear by the Board.
(4)
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(5)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(6)
The Board shall keep a stenographic record of the proceedings. A
transcript of the proceedings and copies of graphic or written material
received in evidence shall be made available to any party at cost.
(7)
At any time prior to the last hearing date the Board of Supervisors
may refer submittal documents of a conditional use application or
evidence ascertained at a public hearing back to the Planning Commission
for review. Should the Supervisors refer evidence or documents back
to the Planning Commission for their review, the Planning Commission
shall act within 30 days of the request or by the date of the last
hearing, whichever occurs first.
(8)
The Board shall render a written decision on the application within
45 days after the last hearing before the Board. The Supervisors shall
review the recommendations of the Commission and transmit an order,
in writing, to the Zoning Officer to approve, approve with modifications
or conditions, or disapprove the application for a zoning permit for
a conditional use.
(a)
When the application is contested or denied, each decision shall
be accompanied by findings of fact and conclusions based thereon together
with the reasons therefore. Conclusions based on any provision of
the Pennsylvania Municipalities Planning Code, this Chapter or of
any other Township Ordinance, rule or regulation shall contain a reference
to the provisions relied on and the reasons why the conclusion is
deemed to be appropriate in the light of the facts found.
(b)
Where the Board fails to render the decision within the time period
required by this subsection, or fails to hold the required hearing
within 60 days from the date of the applicant’s request for
a hearing, the decision shall be deemed to have been rendered in favor
of the applicant unless the applicant has agreed in writing to an
extension of time.
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When a decision has been rendered in favor of the applicant
because of the failure of the Board to meet or render a decision as
hereinabove provided, the Township shall give public notice of the
said decision within 10 days to the public, the applicant, the Zoning
Officer, and to any person, civic or community organization who has
made timely request for notice.
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(9)
Nothing in this subsection shall prejudice the right of any party
opposing the application to appeal the decision to a court of competent
jurisdiction.
(10)
A copy of the final decision shall be delivered to the applicant
personally or mailed to him by certified mail not later than the day
following its date.
(a)
To all other persons who have filed their name and address with the
Board not later than the last day of the Hearing, the Board shall
provide by mail or otherwise, brief notice of the decision and a statement
of the place at which the full decision or findings may be examined.
F.
Zoning
Officer’s Action. All zoning permits for a conditional use as
granted by the Board of Supervisors shall be issued, rejected or denied
by the Zoning Officer in accordance with the following procedures:
(1)
An application for a zoning permit for a granted conditional use
shall be issued to the applicant within 30 days after the submission
date of the said application.
(2)
If the Zoning Officer finds the permit application complete and correct
in all aspects of the granted conditional use, he shall approve and
endorse the said application and when a site or plot plan has been
submitted, endorse one copy of the said site or plot plan.
(3)
One copy of the endorsed application, the endorsed site plan or plot
plan, when applicable, and a completed and signed job placard shall
be returned to the applicant.
(a)
The signed job placard must be conspicuously displayed on the job
site during all phases of construction of the permitted conditional
use.
(4)
One copy of the endorsed application form shall be forwarded to the
Monroe County Tax Assessment Office.
(5)
If the zoning permit application is incomplete, and/or incorrect,
the application shall be rejected with the reasons for the rejection
stated thereon or attached thereto.
[Ord. 187, 4/18/2008; as amended by Ord. 192, 11/20/2008; and by Ord. 237, 7/28/2020]
1.
Purpose
and Procedure.
A.
Site Plan Requirements. The following information shall be included on any site plan connected with a conditional use application, provided that the Township Board of Supervisors may waive a particular requirement where the size or scope of a project would render the data inapplicable or unnecessary. The purpose of the site plan is to evaluate the ability of the project to meet the conditional use criteria contained herein and not necessarily to give final approval if further submissions under the Township’s Subdivision and Land Development Ordinance [Chapter 22] or other Township ordinances are required. The following information shall be included on the site plan:
(1)
A detailed narrative description or statement as to the proposed
use of the building or land.
(2)
A site layout drawn to a scale of not less than one inch equals 100
feet showing the location, dimensions and area of each lot, the location,
dimensions and height of proposed buildings, structures, streets,
roads, and any existing buildings in relation to property and street
lines. If the application relates to property which is scheduled to
be developed in successive stages, such plans shall show the relationship
of the portion scheduled for initial development to the proposed layout
of the entire property.
(3)
The location, dimensions and arrangements of all open spaces and yards, landscaping, fences and buffer yards, including methods and materials to be employed for screening. Landscaping information shall be sufficiently detailed and illustrative to determine compliance with § 27-502, Subsection 7, hereof and the buffering and screening requirements contained herein, although final landscaping plans can be deferred to the land development stage of approval. The Township Board of Supervisors may require the use of a registered landscape architect to prepare such plans for the conditional use and land development applications.
(4)
The location, size, arrangement and capacity of all areas to be used
for motor vehicle access, off-street parking, off-street loading and
unloading, and provisions to be made for lighting such areas.
(5)
The types, dimensions, locations, landscaping and methods of illumination
for project signage and exterior lighting.
(6)
The location, surfacing and dimensions of sidewalks, trails and all
other areas to be devoted to pedestrian use.
(7)
Provisions to be made for treatment and disposal of sewage and industrial
wastes, water supply and storm drainage.
(8)
The capacity and arrangement of all buildings used or intended to
be used for dwelling and other purposes, including information on
total land area, area to be reserved in common open space, density,
maximum building coverage, total area to be covered with impervious
surfaces and other information which will assist the Commission in
determining compliance with this Chapter.
(9)
A description of any proposed use in sufficient detail with regard to traffic generation to permit the Commission to determine compliance with the performance and traffic impact requirements set forth in § 27-404. Traffic studies required hereunder and by the Pennsylvania Department of Transportation (PennDOT) shall also be submitted. All such studies, regardless of location on State or Township roads, shall meet PennDOT’s requirements as well as the Township’s, excepting that the requirements for projects accessing only Township roads may be modified by the Township Board of Supervisors on the recommendation of the Township Engineer. The Township may also require studies meeting the standards found in the Pennsylvania Municipalities Planning Code for purposes of establishing transportation impact fees applicable to the project.
(10)
Site contours at two foot intervals.
(11)
A plan depicting all proposed site grading; drainage provisions;
road, driveway and parking lot construction and proposals.
(12)
A key map showing the entire project and its relation to surrounding
properties and existing buildings thereon.
(13)
Soils, slopes and floodplain delineations.
(14)
Certification by engineer or surveyor.
(15)
Certification of ownership and acknowledgment of plan signed by owner
or developer.
(16)
Current zoning of the property proposed to be developed plus current
zoning of all adjoining lands.
B.
Site
Design Guidelines. The Township Planning Commission and Board of Supervisors,
in reviewing the site plan, shall consider its conformity to the Smithfield
Township Comprehensive Plan and the various other plans, regulations
and ordinances of the Township. Conservation features, aesthetics,
landscaping and impact on surrounding development as well as on the
entire Township shall be part of the review. Traffic flow, circulation
and parking shall be reviewed to ensure the safety of the public and
of the users of the facility and to ensure that there is no unreasonable
interference with traffic on surrounding streets. The Board of Supervisors
shall further consider the following specific factors:
(1)
Building Design and Location. Building design and location should
be suitable for the use intended and compatible with natural and man-made
surroundings. New buildings, for example, should generally be placed
along the edges and not in the middle of open fields. They should
also be sited so as to not protrude above treetops or the crestlines
of hills seen from public places and busy highways. Building color,
materials and design should be adapted to surroundings as opposed
to adaptation of the site to the building or the building to an arbitrary
national franchise concept.
(2)
Large Commercial Buildings. Commercial facades of more than 100 feet
in length should incorporate recesses and projections, such as windows,
awnings and arcades, along 20% of the facade length. Variations in
roof lines should be added to reduce the massive scale of these structures
and add interest. All facades of such a building that are visible
from adjoining streets or properties should exhibit features comparable
in character to the front so as to better integrate with the community.
Where such facades face adjacent residential uses, earthen berms planted
with evergreen trees should be provided, Loading docks and accessory
facilities should be incorporated in the building design and screened
with materials comparable in quality to the principal structure. Sidewalks
should be provided along the full length of any facade with a customer
entrance and integrated into a system of internal landscape defined
pedestrian walkways breaking up all parking areas.
(3)
Lighting and Signage. Improvements made to the property should not
detract from the character of the neighborhood by producing excessive
lighting or unnecessary sign proliferation. Recessed lighting and
landscaped ground signs are preferred.
(4)
Parking and Accessory Buildings. Parking areas should be placed in
the rear whenever possible and provide for connections with adjoining
lots. Accessory buildings should also be located in the rear with
access from rear alleys. If placement in the rear is not possible,
parking lots should be located to the side with screening from the
street.
(5)
Drainage Systems. Storm drainage, flooding and erosion and sedimentation
controls should be employed to prevent injury to persons, water damage
to property and siltation to streams and other water bodies.
(6)
Landscape Preservation. Trees, shrubs and other landscaping should
be used to buffer or soften a use in terms of visual or other impacts
on adjoining property owners. Impacts on other Township residents
and visitors, on whom the local economy often depends, should also
be considered. Existing landscape features such as stone walls, hedgerows,
tree borders and individual large trees should be retained for this
purpose and removal should be limited to the area of building or driveway
construction unless additional sight-distance is required.
(7)
Driveway and Road Construction. Whenever feasible, existing roads
onto or across properties should be retained and reused instead of
building new, so as to maximize the use of present features such as
stone walls and tree borders and avoid unnecessary destruction of
landscape and tree canopy, Developers building new driveways or roads
through wooded areas should reduce removal of tree canopy by restricting
clearing and pavement width to the minimum required for safely accommodating
anticipated traffic flows.
(8)
Construction on Slopes. The crossing of steep slopes with roads and
driveways should be minimized and building which does take place on
slopes should be multi-storied with entrances at different levels
as opposed to regrading the site flat.
(9)
Tree Borders. New driveways onto principal thoroughfares should be
minimized for both traffic safety and aesthetic purposes and interior
access drives which preserve tree borders along highways should be
used as an alternative. Developers who preserve tree borders should
be permitted to recover density on the interior of their property
through use of clustering.
(10)
Development at Intersections. Building sites at prominent intersections
of new developments should be reserved for equally prominent buildings
or features which will appropriately terminate the street vistas.
All street corners should be defined with buildings, trees or sidewalks.
(11)
Streets and Sidewalks. Roads and drives that connect to existing
streets on both ends are generally preferable to cul-de-sac and dead-end
streets and shall ordinarily be used unless traffic safety issues
will be mitigated by the use of a cul-de-sac or dead end street. Streets
within more densely developed residential areas (two or more units
per acre) should be accompanied by on-street parking and a sidewalk
on at least one side of the street. Sidewalks should also be provided
in connection with new commercial development adjacent to residential
areas and pedestrian access should be encouraged.
(12)
Setbacks. New buildings on a street should conform to the dominant
setback line and be aligned parallel to the street so as to create
a defined edge to the public space.
C.
The
Board of Supervisors, in acting upon the site development plan and
conditional use permit application, shall take into consideration
not only the criteria contained above, but also the following:
(1)
Whether the proposed use will have a detrimental or positive impact
on adjacent properties. A new use should not produce a significant
negative impact on the property values of adjacent properties nor
should it create potential nuisance impacts related to noise, odors,
vibrations or glare.
(2)
If the proposed use is one judged to present detrimental impacts,
whether an approval could be conditioned in such a manner as to eliminate
or substantially reduce those impacts.
(3)
Whether the use will have a positive or negative effect on the environment,
job creation, the economy, housing availability, open space preservation
or any other factors which reasonably relate to the health, safety
and general welfare of present or future residents of the Smithfield
Township.
(4)
Whether the granting of an approval will cause an economic burden
on community facilities or services including, but not limited to,
highways, sewage treatment facilities, water supplies and firefighting
capabilities. The applicant shall be responsible for providing such
improvements or additional services as may be required to adequately
serve the proposed use and any approval shall be so conditioned. The
Township shall be authorized, subject to the limitations of the Pennsylvania
Municipalities Planning Code, to request fees in support of such services
where they cannot be directly provided by the applicant.
(5)
Whether the site plan indicates the property will be developed and
improved in a way which is consistent with that character this Chapter
and the Township’s Comprehensive Plan are intended to produce
or protect, including appropriate landscaping and attention to aesthetics
and natural feature preservation.
[Added by Ord. No. 249, 3/27/2023[1]]
In presenting an application for conditional use approval, the applicant shall (in addition to the other requirements of the Zoning Ordinance, i.e., Chapter 27, §§ 27-704 and 27-705) also establish:
1.
The nature of the on-site activities and operations, the types of
materials stored, the frequency of distribution and restocking, the
duration period of storage of materials, and the methods for disposal
of any surplus or damaged materials. In addition, the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with state and federal regulations.
2.
The general scale of the operation, in terms of its market area,
specific floor space requirements for each activity, the total number
of employees on each shift, the number of shifts, the hours of operation,
and overall site size.
3.
Any environmental impacts that are likely to be generated (e.g.,
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance,
radiation, wastewater, stormwater, solid waste — this list is
merely illustrative and not exhaustive) shall have specific measures
employed to mitigate or eliminate any such negative impacts. The applicant
shall further furnish evidence that the impacts generated by the proposed
use fall within acceptable levels as regulated by applicable laws
and ordinances.
4.
The applicant shall present credible evidence that the number of
off-street parking spaces provided for tractor trailer trucks will
be adequate to accommodate the expected demand generated by the proposed
use and its related activities.
[Ord. 187, 4/18/2008]
In case any building, structure, landscaping or land is, or
is proposed to be, erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this Chapter, the Board of Supervisors
or, with 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 compliant on the Board of Supervisors. No such action may be
maintained until such notice has been given.
[Ord. 187, 4/18/2008]
1.
If it
appears to the Township that a violation of this Chapter has occurred,
the Township shall initiate enforcement proceedings by sending an
enforcement notice as provided in this Section.
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 state at least the following:
A.
The
name of the owner of record and any other person against whom the
Township intends to take action.
B.
The
location of the property in violation.
C.
The
specific violation with a description of the requirements which have
not been met, citing in each instance the applicable provisions of
this Chapter.
D.
The
date before which the steps for compliance must be commenced and the
date before which the steps must be completed.
E.
That
the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a period of 10 days.
F.
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.
1.
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 therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $500 plus all court
costs, including reasonable attorney fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
district justice, If the defendant neither timely 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 district
justice 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 district justice and thereafter each day that a violation continues
shall constitute a separate violation.
2.
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 judgement.
3.
Nothing
contained in this Section shall be construed or interpreted to grant
to any person or entity other than the Township the right to commence
any action for enforcement pursuant to this Section.
4.
District
justices shall have initial jurisdiction over proceedings brought
under this Section.
[Ord. 187, 4/18/2008]
Zoning permit fees, payable to the Township upon the filing
of a zoning permit application, shall be in such amount as established,
from time to time, by resolution of the Township Supervisors.
