A. 
Persons desiring to undertake any new construction, structural or site alteration, or changes in the use of a building or lot shall apply to the Township Zoning Officer for a zoning permit by filling out the appropriate application form and by submitting the required fee.
B. 
The Zoning Officer shall either issue the zoning permit or shall deny the permit, indicating in writing the reason for refusal. Certain construction, alterations or uses require approval of the Board and/or of the Board of Supervisors, and/or the recommendations of the Planning Commission.
C. 
If denied a permit by the Zoning Officer, the applicant may appeal to the Board for further consideration.
D. 
After the zoning permit has been received by the applicant, he may undertake the action permitted by the zoning permit, so long as no other permits are required, including, but not limited to, state and local building permits and approvals.
E. 
Upon completion of such action, the applicant may apply to the Township Zoning Officer for an occupancy permit (where such a permit is required).
F. 
If the Zoning Officer finds that the action of the applicant is in accordance with the zoning permit and any other required permits, he shall issue an occupancy permit allowing the premises to be occupied.
A. 
Zoning permit.
(1) 
Scope.
(a) 
No person shall erect, alter, convert, move or add to any building, structure or sign, nor alter the use or any land or structure, until the Zoning Officer issues a zoning permit to the person for said change or construction.
(b) 
No zoning permit is required for normal maintenance and repairs.
(2) 
Types of uses.
(a) 
Permitted uses. A zoning permit for a permitted use may be issued by the Zoning Officer.
(b) 
Special exception, variance. A zoning permit for a use requiring a special exception or variance shall be issued by the Zoning Officer only upon the written order of the Board after a hearing. An application for a special exception, variance or for interpretation of any part or provision of this chapter shall be made to the Board on forms which may be obtained from the Township Secretary.
(c) 
Conditional use. A zoning permit for a conditional use shall be issued by the Zoning Officer only upon the written order of the Board of Supervisors. An application for a conditional use shall be made to the Board of Supervisors on forms which may be obtained from the Township Secretary.
(3) 
Application.
(a) 
All applications shall be made in writing and shall be accompanied by two sets of plans. Such plans shall be prepared by a licensed surveyor or engineer at the discretion of the Zoning Officer. The plan shall depict at least the following information if applicable:
[1] 
Actual dimensions and shape of the lot to be built upon prepared by a licensed surveyor or engineer.
[2] 
The exact size and location on the lot of buildings, structures, all rights-of-way and easements, public or private, signs and existing and/or proposed extensions thereto prepared by a licensed surveyor or engineer.
[3] 
The number of dwelling units if applicable.
[4] 
Vehicular access, parking spaces and loading facilities.
[5] 
Statement indicating the existing or proposed use.
[6] 
Height of structure, building or sign.
[7] 
All other information necessary for such Zoning Officer to determine conformance with and provide for enforcement of this chapter.
[8] 
A detailed scaled drawing of the signs showing intended location and stating how it shall be affixed.
[9] 
A statement indicating the type of construction and the manner of installation for signs, together with the materials to be used.
(b) 
One copy of the plans shall be returned to the applicant by the Zoning Officer after he shall have marked such copies either as approved or disapproved and attested to same by his signature on such copy.
(c) 
One copy of all such plans shall be retained by the Zoning Officer for his permanent records.
(4) 
Issuance.
(a) 
The Zoning Officer shall issue or refuse an application for a zoning permit within 30 days after the date such application was made, except as specifically provided for in this chapter.
(b) 
A zoning permit shall be issued in at least triplicate.
(c) 
One copy shall be kept conspicuously on the premises. No person shall perform building operations of any kind unless a zoning permit is being displayed as required by this chapter.
(d) 
In case of denial, the applicant shall be informed of his rights of appeal. Any appeal must be filed with the Board within 30 days of the date of denial of the permit.
(5) 
Expiration of zoning permit. Zoning permit shall expire within six months from date of issuance, if work described in any permit has not begun. If work described in any zoning permit has begun within the six-month period, said permit shall expire after one year from date of issuance thereof.
B. 
Occupancy permit.
(1) 
Scope. Prior to the use, occupancy of any land or building or for any change of use of any existing building or for any change of use of land, an occupancy permit shall be secured from the Zoning Officer.
(2) 
Application. The application for certificate of use and occupancy shall be submitted in such form as the Zoning Officer may prescribe accompanied by an "as built survey" prepared by a licensed surveyor or engineer.
(3) 
Issuance.
(a) 
The Zoning Officer shall inspect any structure, building, sign and/or land or portions thereof and shall determine the conformity therewith. If he is satisfied that the completed work is in conformity with this chapter and with the work listed in the zoning permit, he shall issue a certificate of use and occupancy.
(b) 
Certificate of use and occupancy shall be granted or refused in writing within 10 days from the date of application.
(c) 
In zones in which performance standards are imposed, no certificate of occupancy shall become permanent until 30 days after the facility is fully operating and only after, upon reinspection by the Zoning Officer, it is determined that the facility is in compliance with all performance standards. After said reinspection the Zoning Officer shall notify the applicant that the facility is in full compliance with all performance standards and that the certificate of use and occupancy is permanent or that the facility does not comply and that the certificate of use and occupancy is still temporary.
C. 
Other permits. The Township may require additional permits specified in other related ordinances and laws.
D. 
Certificate of nonconforming use or structure.
(1) 
The owner of the premises occupied by a lawful nonconforming use or structure may secure a certificate of nonconforming use or structure from the Zoning Officer.
(2) 
Such certificate shall be authorized by the Zoning Officer and shall certify to the owner his right to continue such nonconforming use or structure.
A. 
Appointment.
(1) 
The Zoning Officer shall be appointed by the Board of Supervisors and shall not hold any elective office.
(2) 
The Zoning Officer or staff shall continue to serve the Township until such time as the Board of Supervisors declares otherwise.
B. 
Duties and powers.
(1) 
The Zoning Officer shall:
(a) 
Administer this chapter in accordance with its literal terms.
(b) 
Identify and register nonconforming uses and nonconforming structures.
(c) 
Receive and examine all applications required under the terms of this chapter.
(d) 
Issue or refuse permits within 60 days of the receipt of the application, except as specifically provided for in this chapter.
(e) 
Receive complaints of violation of this chapter.
(f) 
Issue a written notice of violation to any person violating any provision of this chapter.
(g) 
Keep records of applications, permits and certificates issued, of variances and special exceptions granted by the Board, of conditional uses granted by the Board of Supervisors, of complaints received, of inspections made, of reports rendered and of notice or orders issued.
(h) 
Make all required inspections and perform all other duties as called for in this chapter.
(i) 
Be responsible for keeping this chapter and the Zoning Map up to date so as to include all amendments thereto.
(j) 
Issue certificates of use and occupancy in accordance with the terms of this chapter.
(k) 
Perform such other duties and functions as authorized by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101, et seq., as amended, and/or by the Board of Supervisors.
(2) 
The Zoning Officer shall not have the power to permit any construction, use or change of use which does not conform to this chapter.
A. 
Appointment.
(1) 
The Board shall consist of three residents of the Township appointed by the Board of Supervisors.
(2) 
Board members shall serve terms of three years, so fixed that the term of office of one member shall expire each year.
(3) 
Members of the Board shall hold no other elective or appointed office in the Township.
(4) 
The Board of Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of this section, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for the Board members, including specifically the right to cast a vote as a voting Board member during the proceedings, and shall have all the powers and duties set forth in the Municipalities Planning Code and as otherwise provided by law. Alternates shall hold no other elected or appointed office in the Township, including service as a member of the Planning Commission or as a Zoning Officer, nor shall any alternate be an employee of the Township. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to this chapter unless designated as a voting alternate Board member pursuant to this section.
B. 
Vacancies.
(1) 
The Board shall promptly notify the Board of Supervisors of any vacancies which occur.
(2) 
Appointments to fill vacancies shall be only for the unexpired portion of a term.
C. 
Removal. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors which appointed the Board member, taken after the Board member has received 15 days' advance notice of the intent to take such vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
D. 
Organization.
(1) 
The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the Board members, but the Board may appoint a hearing officer from its own membership to conduct any hearing on it behalf and the parties may waive further action by the Board as provided in this section.
(2) 
The Chairman of the Board may designate alternate members of the Board to replace any absent or disqualified member, and if, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to reach a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final decision on the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among the alternates.
(3) 
The Board may make, alter and rescind rules and forms for its procedure, consistent with this chapter, and all applicable Township ordinances and laws of the Commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Township, and shall submit a report of its activities to the Board of Supervisors as requested by the Board of Supervisors.
E. 
Expenditures for services. Within the limits of funds appropriated by the Board of Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the Board of Supervisors. Alternate members of the Board may receive compensation, as may be fixed by the Board of Supervisors, for the performance of their duties when designated as alternate members pursuant to this section, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.
F. 
Hearings and meetings. Hearings and meetings of the Board shall be held at the call of the Chairman and at such other times as the Board, by majority vote, may determine. The Board shall conduct hearings and make decisions in accordance with this chapter.
G. 
Jurisdiction.
(1) 
The Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(a) 
Substantive challenges to the validity of any land use ordinance, except those brought before the Board of Supervisors.
(b) 
Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by appeal taken within 30 days after the effective date of said ordinance.
(c) 
Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefore, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.
(d) 
Appeals from a determination by the Township Engineer or the Zoning Officer which reference to the administration of the floodplain ordinance[1] or such provisions within a land use ordinance.
[1]
Editor's Note: See also Ch. 190, Floodplain Management.
(e) 
Applications for variances from the terms of this chapter and the floodplain ordinance[2] or such provisions within a land use ordinance.
[2]
Editor's Note: See also Ch. 190, Floodplain Management.
(f) 
Applications for special exceptions under this chapter or such provisions within a land use ordinance.
(g) 
Appeals from the determination of any officer or agency charged with the administration of any transfers or development rights or performance density provisions of this chapter.
(h) 
Appeals from the Zoning Officer's determination.
(i) 
Appeals from the determination of the Zoning Officer or municipal engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management.
(2) 
The Board of Supervisors shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(a) 
All applications for approvals of planned residential developments.
(b) 
All applications for approval of subdivisions or land developments.
(c) 
Applications for conditional use under the express provisions of this chapter.
(d) 
Applications for curative amendment to this chapter.
(e) 
All petitions for amendments to land use ordinances. Any action on such petitions shall be deemed legislative acts, provided that nothing contained in this clause shall be deemed to enlarge or diminish existing law with reference to appeals to court.
H. 
Applications to the Board.
(1) 
All appeals from a decision of the Zoning Officer and applications to the Board shall be submitted in writing on forms prescribed by the Board. Four copies shall be required.
(2) 
Every appeal or application shall include the following:
(a) 
The name and address of the applicant, or appellant.
(b) 
The name and address of the owner of the property to be affected by such proposed change or appeal. A copy of the Deed of Record or other instrument under which applicant claims standing shall be attached to the application.
(c) 
A brief description and location of the property to be affected by such proposed change or appeal.
(d) 
A statement of the present zoning classification of the property in question, the improvements thereon and the present use thereof.
(e) 
A statement of the section of this chapter under which the appeal is made and reasons why it should be granted, or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal.
(f) 
A reasonably accurate description of the additions or changes intended to be made under this application, indicating the size, material and general construction of such proposed improvements. A plot plan of the property to be affected, indicating the location and size of the lot and the size of existing and intended improvements, shall be attached to the description.
I. 
Time limitations.
(1) 
No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate municipal officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan pursuant to this chapter or from an adverse decision by the Zoning Officer on a challenge to the validity of this chapter or map shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.
(2) 
All appeals from determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of the determination is issued.
J. 
Stay of proceedings. Upon filing of any proceeding before the Board and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of the Board or Board of Supervisors, and all official action thereunder, shall be stayed unless the Zoning Officer or Board of Supervisors certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or Board of Supervisors. When an application for development, preliminary or final, has been duly approved and proceedings designed to reserve or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board.
A. 
Variances.
(1) 
Four copies of an application for a variance shall be submitted to the Board. Such application shall include all information specified for a zoning permit application and any other information the Board deems necessary to make determination. The applicant shall be responsible for all pertinent costs incurred for the review of the application.
(2) 
The administrative procedures for a variance hearing shall be consistent with the requirements specified by § 450-807 of this chapter.
(3) 
The Township Planning Commission and Board of Supervisors shall receive a copy of the application and shall have 30 days to review and make comments and a recommendation at their discretion.
(4) 
The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:
(a) 
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
(b) 
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c) 
That such unnecessary hardship has not been created by the appellant.
(d) 
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(e) 
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(5) 
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter.
B. 
Special exceptions.
(1) 
Four copies of an application for a special exception shall be submitted to the Board. Such application shall include all information specified for a zoning permit application and any other information the Board deems necessary to make determination. The applicant shall be responsible for all pertinent costs incurred for the review of the application.
(2) 
The administrative procedures for a special exception hearing shall be consistent with the requirements specified by § 450-807 of this chapter.
(3) 
The Township Planning Commission and Board of Supervisors shall receive a copy of the application and shall have 30 days to review and make comments and a recommendation at their discretion.
(4) 
Where the Board of Supervisors, in this chapter, has stated special exceptions to be granted or denied by the Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter.
(5) 
Persons with disabilities. The Board shall hear requests for special exceptions where it is alleged that modifications to specific requirements of this chapter are required under applicable Federal law to provide a "reasonable accommodation" to serve persons who the applicant proves have "disabilities" as defined and protected by such laws.
(a) 
Such reasonable accommodations shall be requested in accordance with the U.S. Fair Housing Act of 1988, as amended, and/or the Americans With Disabilities Act, as amended.
(b) 
If the applicant is requesting a reasonable accommodation under the U.S. Fair Housing Act of 1988 or the Americans With Disabilities Act, the applicant shall identify the disability that is protected by such statues, the extent of the modification of the provisions of this chapter necessary for a reasonable accommodation, and the manner by which the reasonable accommodation may be removed when such person(s) with a protected disability no longer will be present on the property.
(c) 
Any modification approved under this section may be limited to the time period during which the persons with disabilities occupy or utilize the premises.
(d) 
In granting such special exception, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter.
A. 
Four copies of an application for permission to conduct a use permitted by condition shall be submitted to the Township Board of Supervisors. Such application shall include all information specified for a zoning permit application and any other information necessary to allow the Township Board of Supervisors to determine that all requirements of this chapter have been met. The applicant shall be responsible for all pertinent costs incurred for the review of the application.
B. 
The administration procedures for a conditional use hearing shall be consistent with the requirements specified by § 450-807 of this chapter.
C. 
The Township Planning Commission shall receive a copy of the application and shall have 30 days to review and make comments and a recommendation at their discretion.
D. 
Conditional uses shall meet the specific standard established for each use by this chapter and all other applicable Zoning District requirements and general regulations established by this chapter. In addition, the following standards shall be met:
(1) 
The use shall be one which is specifically authorized as a conditional use in the Zoning District wherein the applicant is seeking a conditional use.
(2) 
The use conforms with the goals, objectives and policies of the Township Comprehensive Plan.
(3) 
The use conforms with the spirit, purposes and intent of all other applicable provisions of all other Township ordinances.
(4) 
The use conforms with all pertinent State and Federal laws, regulations and requirements.
(5) 
Services and utilities shall be made available to adequately service the proposed use.
(6) 
The use will not generate traffic such that hazardous or unduly congested conditions will result.
(7) 
The use is appropriate to the site in question.
(8) 
The use shall not adversely affect the character of the general neighborhood, nor the health and safety of residents or workers on adjacent properties and in the general neighborhood.
E. 
The granting of permission to conduct a use permitted by condition does not exempt an applicant from acquiring all approvals required by Chapter 400, Subdivision and Land Development, of the Code of the Township of Spring.
F. 
The approval of a conditional use, if authorized by the Board of Supervisors, which anticipates construction or modification of a structure, creation of new or revised lot lines or dimensional standards for a property or structure situated thereon, shall be valid and remain in effect for a term of one year from the date of said approval and shall thereafter expire and be void, unless said construction, modification, new or revised lot lines or dimensional standards or change of use or occupancy be initiated within said one year term or said term is expressly extended as part of the initial approval. In the event that the activity anticipated by the conditional use should not be initiated within one year of the approval or such additional term as may be expressed in the approval or should the activity which is the subject of the conditional use be discontinued, the premises or structure or structure situated thereon shall not thereafter be used except in conformity with the regulations of the district in which it is located.
G. 
The Board of Supervisors shall hold hearings on and decide requests for conditional uses in accordance with the standards and criteria set forth in this chapter. The hearing shall be conducted by the Board of Supervisors or the Board of Supervisors may appoint any member or an independent attorney as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board of Supervisors. However, the appellant or the applicant, as the case may be, in addition to the Township may, prior to the decision of the hearing, waive decision or findings by the Board of Supervisors and accept the decision or finding of the hearing officer as final. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this act in this chapter.
H. 
The Board of Supervisors shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Board of Supervisors. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions to this chapter or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
I. 
Where the Board of Supervisors fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in this Part, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board of Supervisors to meet or render a decision as hereinabove provided, the Board of Supervisors shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this chapter. If the Board of Supervisors shall fail to provide such notice, the applicant may do so.
J. 
Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.
Hearings before the Township Board of Supervisors or the Township Zoning Hearing Board (individually or collectively referred to as the "board" in this section only) as required by this chapter shall be conducted and decisions shall be made in accordance with the following:
A. 
Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, adjacent property owners, the Township Planning Commission and to any person who has made timely request for the same. Written notices shall be given by regular mail at least one week prior to the hearing. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
B. 
Mailed notice and/or electronic notice shall be given to an owner of a tract or parcel of land located within the Township or an owner of the mineral rights in a tract or parcel of land within the Township who has made a timely request in accordance with § 450-203 of this chapter.
C. 
The Board of Supervisors may prescribe reasonable fees with respect to hearings before the Board, by Resolution, from time-to-time. Fees for said hearings may include compensation for the secretary and members of the Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
D. 
The first hearing before the Board or hearing officer shall be commenced within 60 days from the date of receipt of applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and Township, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.
E. 
The hearings shall be conducted by the Board or the Board may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.
F. 
The parties to the hearing shall be the Township, any persons affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
G. 
The Chairman or acting Chairman of the Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
H. 
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence an argument and cross-examine adverse witnesses on all relevant issues.
I. 
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
J. 
The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for the stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.
K. 
The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives 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, except advice from their solicitor, 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 hearings with any party or his representatives unless all parties are given an opportunity to be present.
L. 
The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called or, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where 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 this act or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed where the Board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in this section, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. 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 Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
M. 
A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. 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 or findings and a statement of the place at which the full decision or findings may be examined.
A. 
A landowner who, on substantive grounds, desires to challenge the validity of this chapter or map or any provisions thereof which prohibits or restricts the use or development of land in which he has an interest shall submit the challenge either:
(1) 
To the Board; or
(2) 
To the Board of Supervisors, together with a request for a curative amendment.
B. 
Persons aggrieved by a use or development permitted on the land of another by this chapter or map, or any provision thereof, who desires to challenge its validity on substantive grounds shall first submit their challenge to the Board for a decision thereon.
C. 
The submissions referred to above shall be governed by the following:
(1) 
In challenges before the Board, the challenging part shall make a written request to the Board that it hold a hearing on its challenge. The request shall contain the reasons for the challenge. Where the landowner desires to challenge the validity of this chapter, or map, or provisions thereof, and elects to proceed by curative amendment, his application to the Board of Supervisors shall contain, in addition to the requirement of the written request hereof, the plans and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development permitted by this chapter or map, or provisions thereof. Such plans or other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a permit, so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating this chapter or map, or provisions thereof, in light thereof. Nothing herein contained shall preclude the landowner from first seeking a final approval before submitting his challenge.
(2) 
If the submission is made by the landowner to the Board of Supervisors as stated above, the request also shall be accompanied by an amendment or amendment to the Chapter, map, or provision thereof, proposed by the landowner to cure the alleged defects therein.
(3) 
If the submission is made to the Board of Supervisors, the Township Solicitor shall represent and advise it at the hearing or hearings.
(4) 
The Board of Supervisors may retain an independent attorney to present the defense of the challenged Chapter, map, or provisions thereof, on its behalf and to present their witnesses on its behalf.
(5) 
Based upon the testimony presents at the hearing or hearings, the Board of Supervisors or the Board, as the case may be, shall determine whether the challenged Chapter, map, or provisions thereof, are defective, as alleged by the landowner. If a challenge heard by the Board of Supervisors is found to have merit, the Board of Supervisors shall proceed with a Landowner Curative Amendment. If a challenge heard by a Board is found to have merit, the decision of the Board shall include recommended amendments to the challenged Chapter, map, or provisions thereof, which will cure the defects found. In reaching its decision, the Board shall consider the amendments, plans and explanatory material submitted by the landowner and shall also consider:
(a) 
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;
(b) 
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter, map or provisions thereof;
(c) 
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;
(d) 
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and
(e) 
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(6) 
The Board of Supervisors or the Board, as the case may be, shall render its decision within 45 days after the conclusion of the last hearing.
(7) 
If the Board of Supervisors or Board, as the case may be, fails to act of the landowner's request within the time limits referred to above, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
D. 
The Board or Board of Supervisors, as the case may be, shall commence its hearings within 60 days after the request is filed unless the landowner requests or consents to an extension of time.
E. 
Public notice of the hearing shall include notice that the validity of this chapter, map or provisions thereof, is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material or proposed amendments may be examined by the public.
F. 
The challenge shall be deemed denied when:
(1) 
The Board or the Board of Supervisors, as the case may be, fails to commence the hearing within the time limits set forth herein;
(2) 
The Board of Supervisors notifies the landowner that it will not adopt the curative amendment;
(3) 
The Board of Supervisors adopts another curative amendment which is unacceptable to the landowner; or
(4) 
The Board or the Board of Supervisors, as the case may be, fails to act of the request 45 days after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and Township.
G. 
Where, upon enactment of this chapter, a curative amendment proposal is approved by the grant of a curative amendment application by the Board of Supervisors or a validity challenge is sustained by the Board or the court acts finally on an appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval. Within the two-year period, no subsequent change or amendment in this chapter, map, Chapter 400, Subdivision and Land Development, of the Code of the Township of Spring, or other ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of Section 508 of the Municipalities Planning Code shall apply. When the proposal appended to the curative amendment application or the validity challenge is approved but does not require further application under Chapter 400, Subdivision and Land Development, the developer shall have one year within which to file for a building permit. Within the one year period, no subsequent change or amendment in this chapter, map or Chapter 400, Subdivision and Land Development, or any other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.
H. 
If the Township has adopted a multimunicipal Comprehensive Plan but not a joint municipal zoning ordinance and all the municipalities in the multimunicipal Comprehensive Plan have adopted and are administering zoning ordinances generally consistent with the provisions of the multimunicipal Comprehensive Plan, and a challenge is brought to the validity of this chapter involving a proposed use, then the Board or Board of Supervisors, as the case may be, shall consider the availability of uses under zoning ordinances within the municipalities participating in the multimunicipal Comprehensive Plan within a reasonable geographic area and shall not limit its consideration to the application of this chapter.
I. 
A landowner who has challenged on substantive grounds the validity of this chapter or map, either by submission of a curative amendment to the Board of Supervisors or the Board, shall not submit any additional substantive challenges involving the same parcel, group of parcels or part thereof until such time as the status of the landowner's original challenge has been finally determined or withdrawn. Provided, however, that if after the date of the landowner's original challenge the Township adopts a substantially new or different Chapter, or portion thereof, or map, the landowner may file a second substantive challenge to the new or different Chapter, or portion thereof, or map, under this section.
In order not to unreasonably delay the time when a landowner may secure assurance that this chapter, or portion thereof, or map under which he proposed 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 portion thereof, or map will run by the following procedure:
A. 
The landowner may submit plans and other materials describing his proposed use or development to the Zoning Officer for a preliminary opinion as to their compliance with this chapter, or portion thereof, and map. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a building permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for a preliminary opinion as to its compliance.
B. 
If the Zoning Officer's preliminary opinion is that the use or development complies with this chapter, or portion thereof, or map, notice thereof shall be published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall include a general description of the proposed use or development and its location, by some readily identifiable directive, and the place and times where the plans and other materials may be examined by the public. The favorable preliminary approval and the time specified for commencing a proceeding with the Board shall run from the time when the second notice thereof has been published.
A. 
The Township may, on its own motion or by petition, amend, supplement, change, modify or repeal this chapter.
B. 
Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice and pursuant to mailed notice and electronic notice to an owner of a tract or parcel of land located within the Township or an owner of the mineral rights in a tract or parcel of land within the Township who has made a timely request in accordance with § 450-203 of this chapter.
C. 
In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the municipality at points deemed sufficient by the municipality along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
D. 
In addition to the requirement that notice be posted under this section, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the municipality at least 30 days prior to the date of the hearing by first-class mail to the addressees to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Township. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. This subsection shall not apply when the rezoning constitutes a comprehensive rezoning.
E. 
In the case of an amendment other than that prepared by the Township Planning Commission, the Board of Supervisors shall submit each such amendment to the Township Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Township Planning Commission an opportunity to submit recommendations.
F. 
The Township shall submit each amendment to the County Planning Commission at least 30 days prior to the public hearing on the amendment by the Township.
G. 
Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the County Planning Commission.
A. 
Landowner curative amendment.
(1) 
A landowner who desires to challenge on substantive grounds the validity of any provision 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 with a written request that his challenge and proposed amendment be heard and decided as provided in § 450-804 of this chapter. The Board of Supervisors shall commence a hearing thereon within 60 days of the request. The curative amendment and challenge shall be referred to the Township Planning Commission and County Planning Commission and public notice shall be given.
(2) 
The hearing shall be conducted in accordance with § 450-807 of this chapter. If the Township does not accept the landowner's curative amendment brought in accordance with this section and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the entire Chapter and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
(3) 
The Board of Supervisors, when it has determined that a validity challenge has merit, may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(a) 
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;
(b) 
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or map;
(c) 
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;
(d) 
The impact of the proposed use of the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and
(e) 
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
B. 
Municipal curative amendments. If the Township determines that this chapter or any portion thereof is substantially invalid, it shall take the following actions:
(1) 
That Township shall declare by formal action, this chapter or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the Board of Supervisors shall:
(a) 
By resolution make specific findings setting for the declared invalidity which may include:
[1] 
References to specific uses which are either not permitted or not permitted in sufficient quantity;
[2] 
Reference to a class of use or uses which require revision; or
[3] 
Reference to the entire Chapter which requires revisions.
(b) 
Begin to prepare and consider a curative amendment to the Chapter to correct the declared invalidity.
(2) 
Within 180 days from the date of the declaration and proposal, the Township shall enact a curative amendment to validate, or reaffirm the validity of this chapter in order to cure the declared invalidity of the Chapter.
(3) 
Upon the initiation of these procedures, the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed nor shall the Board be required to give a report requested subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution. Upon completion of these procedures, no rights to a cure pursuant to the landowner curative amendments shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Chapter for which there has been a curative amendment pursuant to this subsection.
(4) 
Once the Township has utilized the procedures set forth in this subsection, the Township may not again utilize this procedure for a thirty-six-month period following the date of the enactment of the curative amendment or reaffirmation of the validity of this chapter; provided, however, if after the date of the declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a change in a statute or by virtue of a Pennsylvania Appellate Court decision, the Township may utilize the provisions of this subsection to prepare a curative amendment to this chapter to fulfill the said duty or obligation.
A. 
The Board of Supervisors shall establish schedule of fees, charges and expenses and collection procedures for zoning permits, certificates of occupancy, special exceptions, variances, conditional uses and appeals and other matters pertaining to this chapter.
B. 
The schedule of fees shall be available for inspection in the office of the Zoning Officer and may be altered or amended by resolution of the Board of Supervisors from time-to-time.
C. 
Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
A. 
Enforcement remedies. In case any buildings or structures are erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure or land is used, in violation of this chapter, the Board of Supervisors, or, with its approval the Zoning Officer, in addition to other remedies, may institute in the name of the Township any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct business or use in or about such premises. The rights and remedies provided in this chapter are cumulative and are in addition to all other remedies provided by law.
B. 
Enforcement penalties. 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 therefore in a civil enforcement proceeding 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 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. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township.
The provisions of this chapter shall be severable, and if any of its provisions shall be held to be unconstitutional, illegal or otherwise invalid, such decision shall not affect the validity of any of the remaining provisions of this chapter. It is hereby declared as a legislative intent that this chapter would have been adopted had such unconstitutional, illegal or otherwise invalid provision not been included herein.