The Board of Supervisors may amend any of the provisions, regulations or restrictions included herein by complying with requirements set forth under Article VI of the Act.[1]
[1]
Editor's Note: See 53 P.S. § 10601 et seq.
The duties of the Zoning Officer shall be:
A.
To examine all applications for permits and to issue
permits only for construction and uses which are in accordance with
the regulations of this chapter, and other applicable ordinances,
as they may be subsequently amended.
B.
To record and file all applications for permits with
the accompanying plans.
C.
To issue permits for conditional and special exception
uses only after such uses and buildings are approved, as set forth
in this chapter and in accordance with its regulations.
D.
To receive all required fees and issue all necessary
permits.
E.
To inspect nonconforming uses, buildings, lots and
signs, issue certificates to their owners, keep a file record of such
nonconforming uses, lots, signs and buildings as a public record.
F.
Upon the request of the Planning Committee or of the
Zoning Hearing Board, to present such facts, records and similar information
on specific requests to assist such body in reaching its decision.
[Amended 12-16-2019 by Ord. No. 271]
G.
To be responsible for keeping up-to-date the Zoning
Ordinance and accompanying Zoning Map.
H.
To submit, at least annually, to the Board of Supervisors,
a written report of the previous year's zoning-related activities.
I.
To exercise all powers conferred upon the Zoning Officer
by state law.
[Amended 12-16-2019 by Ord. No. 271]
The duties of administering and enforcing the
provisions of this chapter are hereby conferred upon the Zoning Officer,
who shall have such powers as are conferred on him by this chapter
and by state law in accordance with literal terms. The Zoning Officer
shall not have the power to permit any construction or any use or
change of use which does not conform to this chapter. Permits for
construction or development and uses which are a special exception
or a variance to requirements of this chapter shall be issued only
upon written order of the Zoning Hearing Board. Only the Board of
Supervisors may allow or deny conditional uses pursuant to all applicable
provisions, standards and criteria set forth in this chapter.
[Amended 12-29-2004 by Ord. No. 181]
A.
Land use permit required. A land use permit must be
obtained from the Township before any construction or development
is undertaken within any district. No land use permit shall be issued
unless the proposed construction or use is in full compliance with
the provisions of this chapter. No land use permit shall be issued
in violation of the provisions of this chapter, the approved subdivision
or land development plan and requirements, and any other Township
ordinance or state law that may apply. Any land use permit issued
in violation of the provisions of this chapter shall be null and void
and of no effect, without the necessity for any proceedings or revocations
or nullification thereof, and any work undertaken or use established
pursuant to such permit shall be unlawful.
B.
Application procedures and requirements.
(1)
Application for land use permits shall be made, in
writing, to the Zoning Officer on forms supplied by the Township.
Such application shall contain the following information:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed
construction is to occur.
(c)
Name and address of contractor.
(d)
Site location.
(e)
Brief description of proposed work and estimated
cost.
(f)
Listing of other permits required.
(h)
If any proposed construction or development is located entirely or partially within any identified floodplain area, the information required by § 360-116.
(i)
A statement substantially stating the applicant
understands that the Township may, for good cause shown and in its
sole discretion, require the applicant to identify property corners
and to promptly provide additional information including a current
property line and building line survey at the applicant's expense;
and may further require the applicant to cease work under the permit
unless and until the required information is provided to the Township.
(2)
Site plan, including a plan of the property drawn
to scale, showing any existing buildings or structures, as well as
the size and location of the proposed construction in relation to
existing lot lines, setback or building lines, soil and erosion control
measures, and stormwater management shall accompany the application
as follows:
(a)
Alterations of or additions to existing single-family
residential structures: sketch plan.
(b)
New construction of single-family residential
structures: complete building plans, drawn to scale, showing the exact
size and shape of the proposed building including rooms, basement,
and elevation views and including a stormwater management plan when
required.
(c)
Alterations of or additions to existing multifamily
residential structures and new construction of multifamily residential
structures: complete building plans drawn to scale, showing the exact
size and shape of the proposed building, including elevation views;
and including off-street parking plans and stormwater management plans.
(d)
Alterations of or additions to existing commercial
or industrial structures and new construction of commercial or industrial
structures: complete building plans drawn to scale, showing the exact
size and shape of the proposed building, including elevation views;
and including off-street parking plans and stormwater management plans.
C.
Construction permit required. If a construction permit
is required for a building project under the UCC, applicants, after
obtaining a land use permit from the Township, shall obtain the required
permit from the UCC Code Administrator before starting any construction.
D.
UCC occupancy permit required. If a UCC construction
permit is required, occupancy and use of the project to be permitted
shall not occur until a UCC occupancy permit is issued by the UCC
Code Administrator.
E.
Land use occupancy permit.
(1)
All construction projects requiring a UCC occupancy
permit before occupancy or use from the UCC Code Administrator shall
also obtain a land use occupancy permit from the Township before occupying
or using the construction project.
(2)
Prior
to obtaining a land use occupancy permit, the applicant shall have
completed or provided bonding to guarantee the completion of the following
items:
(a)
Required stormwater management facilities.
(b)
Driveway and driveway pipe or dips are constructed
as per the plan. Driveways in residential developments shall be paved
no later than 150 days after the land use occupancy permit is issued.
[Amended 11-6-2006 by Ord. No. 202]
(c)
All drainage swales at the correct elevation,
seeded and not impeded in any way.
(d)
Final lot grading is complete with 50% grass
coverage.
(e)
Silt fencing installed as required.
(3)
Applicant may bond by providing certified check, bank check, or other bank security acceptable to the Township to guarantee the above requirements prior to occupancy. Applicant may be granted an extension of time to comply with Subsection E(2)(c) and/or (d) if weather conditions warrant such extension.
[Amended 12-29-2004 by Ord. No. 181]
A.
The land use permit shall be issued by the Zoning
Officer within 30 days after receipt of an application of such permit.
If the application conforms to the application requirements, the Zoning
Officer shall issue a permit; if the application does not conform,
notice thereof, together with a statement of reasons, shall be given,
in writing, to the applicant.
B.
Prior to the issuance of any land use permit, the
Zoning Officer shall review the application to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] the Pennsylvania Fire and Panic Act (Act 1927-299, as
amended);[4] and the Pennsylvania State Highway Act (Act 1945-428,
as amended).[5] No permit shall be issued until this determination has
been made.
C.
All land use permits shall be based on the value of
the completed project, not the cost. The Zoning Officer shall utilize
the current edition of the Marshall and Swift Residential or Commercial
Cost Handbook to determine the value of the project.
D.
No encroachment, alteration, or improvement of any
kind shall be made to any watercourse until all adjacent municipalities
which may be affected by such action have been notified by the Township,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection, Bureau of Dams and
Waterways Management.
E.
Prior to the start of construction, the holder of
the land use permit shall conspicuously post the permit on the affected
tract of land so that it is visible from a public road. The permit
shall remain so conspicuously posted until construction is completed.
F.
At any time either before or after the beginning of
construction, the Township may, for good cause shown and in its sole
discretion, require the applicant to identify property corners and
to promptly provide additional information, including a current property
line and building line survey at the applicant's expense; and may
further require the applicant to cease work under the permit until
the required information is provided to the Township.
G.
After the foundation of a new building or of any addition
to an existing building is laid off, but before construction begins,
the Zoning Officer shall inspect the site in order to approve the
building's location; provided that the Zoning Officer shall be given
at least 48 hours' advance notice of the need for such inspection.
[Amended 12-29-2004 by Ord. No. 181]
A.
Each land use permit shall expire if the work authorized
has not commenced within nine months after date of issuance or has
not been completed within 18 months from date of issuance.
B.
If no amendments or other codes or regulations affecting
subject property or activity have been enacted in the interim, the
Zoning Officer may authorize, in writing, the extension of the permit
for an additional nine months, following which no further work is
to be undertaken without a new land use permit.
A use certificate certifying compliance with
this chapter must be obtained from the Zoning Officer for any new
structure as set forth below, for any changes in a structure, for
any change of use in an existing structure or use of land as set forth
below before such new structures or use or change of use is occupied
or established.
A.
Commercial use of a structure erected, structurally
altered or erected, or extended or moved after the effective date
of this chapter.
B.
Use of vacant land except for agricultural purposes.
C.
Any change in conforming use, structure, or land.
D.
Any change in a nonconforming use of land to a conforming
use, or change in a nonconforming use to a lesser nonconforming use.
E.
Any change in the use of a structure or land from
that permitted by any variance of the Zoning Hearing Board.
F.
Any relocation of a manufactured home into or within
Washington Township.
[Amended 12-21-2020 by Ord. No. 280]
G.
The application for a use certificate must include
a statement of the intended use and any existing use of the structure
or land. The certificate continues in effect as long as the use of
the structure or land for which it is granted conforms with this chapter.
Within 30 working days after receipt of an application
for a use certificate, the Zoning Officer shall grant or refuse the
certificate. If the specifications and intended use conform in all
respects with the provisions of this chapter, he must issue a certificate
to that effect. Otherwise, he must state, in writing, the grounds
for his refusal.
The Zoning Officer shall provide a form or forms
to be completed by the applicant for the following:
A.
Land use permits.
[Amended 12-29-2004 by Ord. No. 181]
B.
Use certificates.
C.
Special exceptions.
D.
Appeals.
E.
Variances.
F.
Registration of nonconforming uses, lots and structures.
G.
Conditional uses.
H.
Enforcement notice.
I.
Land use occupancy permit.
[Amended 12-29-2004 by Ord. No. 181]
J.
Rezoning.
[Amended 12-29-2004 by Ord. No. 181]
A.
Violations.
(1)
Whenever a violation of this chapter occurs, or is
alleged to have occurred, any person may file a written complaint.
Such complaint, stating fully the causes and bases thereof, shall
be filed with the Zoning Officer.
(2)
If it appears to the Township that a violation of
this chapter has occurred or is occurring, the Township shall initiate
enforcement proceedings by sending an enforcement notice (cease-and-desist
order), as provided in this section.
B.
Enforcement notice (cease-and-desist order).
(1)
The enforcement notice (cease-and-desist order) shall
be sent to the owner of record of the parcel on which the violation
has occurred, to any person who has failed a written request to receive
enforcement notices regarding that parcel and to any other person
requested in writing by the owner of record.
(2)
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 day 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 prescribed period of
time in accordance with the procedures set forth in this chapter.
(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.
C.
Causes of action. In case any building, structure,
landscaping or land is, or is proposed to be, erected, constructed,
reconstructed, altered, converted, maintained or used in violation
of this chapter, the Township, 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 to other remedies,
may institute any appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure, landscaping of land, or
to prevent, in or about such premises, any act, conduct, business
or use constituting a violation. When any such action is instituted
by a landowner or tenant, notice of that action shall be served upon
the Township at least 30 days prior to the time the action is begun
by serving a copy of the complaint on the Board of Supervisors of
the Township. No such action may be taken until such notice has been
given.
D.
Jurisdiction. Magisterial District Judges shall have initial jurisdiction over proceedings brought under Subsection E.
E.
Enforcement remedies.
(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 Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgments, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge determining that there has been
a violation further determines that there was a good-faith basis for
the person, partnership, or corporation violating this chapter to
believe that there was such a violation, in which event there shall
be deemed to have been only one such violation until the fifth day
following the date of the determination of a violation by the Magisterial
District Judge and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation of this chapter shall be
paid to the Township.
(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 judgment.
(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.
Any person aggrieved or affected by the provisions of this chapter or decisions of the Zoning Officer may appeal in the manner set forth in Article IX and X-A of the Pennsylvania Municipalities Planning Code, as amended,[1] as well as Article XIX of this chapter.
[1]
Editor's Note: See 53 P.S. § 10901 et seq. and § 11001-A
et seq.
Nothing in this chapter shall relieve the owner or his agent, the developer, or the applicant for either a conditional use permit or a site development plan approval from receiving a subdivision plan approval in accordance with Chapter 310, Subdivision and Land Development.
A.
Objectives. On application, the Board of Supervisors
may authorize the issuance of land use permits for any of the conditional
uses for which this chapter required, in the district in which such
use is proposed to be located. In approving any such use, the Supervisors
shall take into consideration the public health, safety, and welfare,
the comfort and convenience of the public in general and of the residents
of the immediate neighborhood in particular, and may prescribe appropriate
conditions and safeguards as may be required in order that the result
of its action may, to the maximum extent possible, further the expressed
intent of this chapter and the accomplishment of the following objectives
in particular.
[Amended 12-16-2019 by Ord. No. 271]
(1)
That all proposed structures, equipment, or material
shall be readily accessible for fire, rescue and police protection.
(2)
That the proposed use shall be of such location, size
and character that, in general, it will be in harmony with the appropriate
and orderly development of the district in which it is proposed to
be situated and will not be detrimental to the orderly development
of adjacent properties in accordance with the zoning classification
of such properties.
(3)
That, in addition to the above, in the case of any
use located in, or directly adjacent to, a Residential District:
(a)
The location and size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, its site layout and its relation to access streets shall
be such that both pedestrian and vehicular traffic to and from the
use and assembly of persons in connection therewith will not be hazardous
or inconvenient to, or incongruous with, said Residential District
or conflict with the normal traffic of the neighborhood; and
(b)
The location and height of buildings, the location,
nature and height of walls and fences, and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings.
B.
Application. Each application for a conditional use
shall be accompanied by a proposed plan showing the size and location
of the lot, the location of all buildings and proposed facilities
including access drives, parking areas, and all streets within 200
feet of the lot.
C.
Public hearing before the Board of Supervisors. The
Board of Supervisors shall not approve any application for a conditional
use without first holding a public hearing, public notice which must
be given in accordance with this chapter, and notice of said hearing
may be posted by first class mail, at least five days before the hearing,
to the following: all owners of property which lies adjacent to that
owned by the applicant in the immediate area; all other owners as
the Zoning Officer may deem advisable.
[Amended 12-16-2019 by Ord. No. 271]
(1)
The names of said owners shall be taken as they appear
on the last completed tax roll of the Township.
(2)
Provided that due notice shall have been published
as above and that there shall have been substantial compliance with
the remaining provisions of the subsection, the failure to give notice
in exact conformance herewith shall not be deemed to invalidate action
taken by the Board in connection with the approval of any conditional
use.
D.
Board action. The Board shall, within 45 days of the
date of the last public hearing on the application for conditional
use, render a written decision, or when no decision is called for,
make written findings on the conditional use application. 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. Legal conclusions based on any statute, ordinance,
rule, or regulation shall contain a reference to the provision relied
on and the reasons why the conclusion is deemed appropriate in light
of the facts found.
[Amended 12-16-2019 by Ord. No. 271]
E.
Conditions and safeguards. The Supervisors may require
the conditional use permits be periodically renewed. Such renewal
shall be granted following due public notice and hearing and may be
withheld only upon a determination by the Supervisors to the effect
that such conditions as may have been prescribed by the Supervisors
in conjunction with the issuance of the original permit have not been,
or are being no longer complied with. In such cases, a period of 60
days shall be granted the applicant for full compliance prior to the
revocation of said permit.
F.
Effect of conditional use approval. Any use for which
a conditional use permit may be granted shall be deemed to be a conforming
use in the district in which such use is located provided that such
permit shall be deemed to affect only the lot or portion thereof for
which such permit shall have been granted.
[1]
Editor's Note: Former § 360-130, Powers and duties
of Planning Commission, was repealed 12-16-2019 by Ord. No. 271.
