This chapter shall apply throughout the Borough of Millersville. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See §
380-4A.
This chapter is hereby adopted in accordance with the following purposes, which shall serve as community development objectives, in addition the purposes provided for each district in §
380-22:
A. The requirements and purposes of the Pennsylvania
Municipalities Planning Code, as amended, including but not limited
to Sections 604 and 605 or their successor section(s);
B. The goals and objectives of the Millersville Comprehensive
Plan and the County Comprehensive Plan; and
C. The following additional objectives:
(1) Incorporate the policy goals established by the Lancaster
County Planning Commission.
(2) Promote innovative residential design that encourages
the creation of a sense of community for undeveloped parcels.
(3) Provide diverse housing opportunities, including housing
that is affordable.
(4) Encourage adaptive reuse and infill development.
(5) Protect sensitive and important natural features from
indiscriminate development.
(6) Stimulate economic development and revitalization
by attracting commercial uses (such as retail, service and specialty
stores) to appropriate areas.
(7) Provide opportunities for home occupations of limited
intensity.
(8) Promote the preservation of historic resources.
(9) Coordinate future land and roadway functions to maximize
safe and efficient use of major roads.
(10) Coordinate road improvements with planned roadway
functions, design standards and planned land uses.
(11) Assure that future development provides for access
designs and planned locations that minimize traffic congestion and
safety problems. Encourage needed improvements to be completed by
developers.
(12) Promote alternative means of transportation, such
as pedestrian movement, bicycles, public transit and carpooling.
(13) Seek to minimize the need for zoning variances for
routine improvements.
All of the enforcement, violations and penalty
provisions of the State Municipalities Planning Code, as amended,
are hereby incorporated into this chapter by reference. (Note: As
of the adoption date of this chapter, these provisions were primarily
in Sections 616.1, 617 and 617.2 of such act.)
A. Violations. Any person who shall commit or who shall
permit any of the following actions violates this chapter:
(1) Failure to secure a zoning permit prior to a change
in use of land or structure, or the erection, construction or alteration
of any structure or portion thereof, or the excavation of land to
prepare for the erection, construction or alteration of any structure
or portion thereof.
(2) Placement of false statements on or omitting relevant
information from an application for a zoning permit.
(3) Undertaking any action in a manner which does not
comply with a zoning permit.
(4) Violation of any condition imposed by a decision of
the Zoning Hearing Board in granting a variance or special exception
or other approval.
(5) Violation of any condition imposed by a decision of
the Borough Council in granting a conditional use.
B. Enforcement notice. If the Borough has reason to believe
that a violation of a provision of this chapter has occurred, the
Borough shall initiate enforcement proceedings by sending an enforcement
notice as provided in Section 616.1 of the State Municipalities Planning
Code. Prior to sending an official enforcement notice, the Zoning
Officer may, at his/her option, informally request compliance.
C. Time limits. An official enforcement notice shall
state the deadline to complete bringing the property into compliance
with this chapter and shall state that the applicant has 30 days from
the receipt of the notice to appeal to the Zoning Hearing Board.
D. Causes of action; enforcement remedies. The “causes
of action” and “enforcement remedies” provisions
of the State Municipalities Planning Code, as amended, are hereby
incorporated by reference. (Note: As of the adoption date of this
chapter, such provisions were in Section 617 of such law.)
(1) Enforcement action. If the enforcement notice is not
complied with promptly, the Zoning Officer shall notify the Borough
Council. The Zoning Officer may also institute a civil enforcement
proceeding before a Magisterial District Judge. Also, the Borough
Council may request the Borough Solicitor to institute in the name
of the Borough any appropriate action or proceeding at law or in equity
to prevent, restrain, correct or abate such violation or to require
the removal or termination of the unlawful use of the structure, building,
sign, landscaping or land in violation of the provisions of this chapter
or the order or direction made pursuant thereto.
(2) Violations and penalties. Any person who 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 Borough, pay a judgment of not more than $500 plus
all court costs, including the reasonable attorney's fees incurred
by the Borough as a result thereof. No judgment shall commence or
be imposed, levied or be payable until the date of the determination
of a violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless a Magisterial District Judge, determining that there has been
a violation, further determines that there was a good-faith basis
for the person 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 Magisterial District Judge;
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorney's
fees collected for the violation of this chapter shall be paid over
to the Borough for the general use of the Borough.
(3) Remedies. In case any building, structure, sign or
landscaping is erected, constructed, reconstructed, altered, repaired,
converted or maintained; or any building, structure, sign or land
is used; or any hedge, shrub, tree or other growth is maintained in
violation of this chapter or of any of the regulations made pursuant
thereto or any of the permits or certificates of use and occupancy
issued under this chapter or any conditions imposed upon the grant
of a special exception or variance by the Zoning Hearing Board or
upon the grant of a conditional use, then, in addition to any other
remedies provided by law, any appropriate action or proceeding may
be instituted or taken to prevent or restrain such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use or to prevent any illegal act, conduct, business or use in
and about such premises.
A Borough Fee Schedule for permits and applications
may be established and amended by written resolution of the Borough
Council. No application or appeal shall be considered filed until
all fees are paid.
Within the requirements of the State Municipalities
Planning Code, the Borough Council may amend or repeal any or all
portions of this chapter on:
B. After agreeing to hear a written request of any person,
entity, landowner or the Planning Commission.
A landowner or the Borough Council may utilize
the curative amendment provisions of the State Municipalities Planning
Code. (Note: As of the adoption date of this chapter, these provisions
were in Sections 609.1, 609.2 and 916.1 of such act.)
The following requirements shall apply to procedures,
hearings and decisions of the Zoning Hearing Board:
A. Notice of hearings. Notice of all hearings of the
Board shall be given as follows:
(1) Advertisement. Public notice shall be published as
defined by Section 107 of the State Municipalities Planning Code. The notice shall state the time and place of the hearing
and the nature of the matter to be considered.
(2) Posting. Notice of such hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing. The Borough staff shall post the property. It is the responsibility
of the applicant to make sure that such notice remains posted until
the hearing.
(3) Persons given notice. The Borough shall provide written
notice to the applicant of the time and place of the hearing. The
Borough should also provide notice to the President of the Borough
Council. In addition, the Borough should provide notice to the last
known principal owner of record of each property that is immediately
adjacent to or immediately across a street from the subject property;
however, failure to provide such notice shall not be grounds for an
appeal. Also, such notice shall be given to any other person or group
(including civic or community organizations) who has made a written
timely request for such notice. Any such notices should be mailed
or delivered to the last known address.
B. Initiation of hearings. A hearing required under this
chapter shall be initiated within 60 days of the date of an applicant's
request for a hearing, unless the applicant has agreed, in writing,
to an extension of time.
C. Decision/findings.
(1) The Board shall comply with the time period established
in Section 908(1.2) of the Municipalities Planning Code, as amended,
for the scheduling of hearings.
(2) The Board shall render a written decision on each
application within 45 days after the last hearing on that application
before the Board, unless the applicant has agreed, in writing, to
an extension of time.
(3) Where the application is contested or denied, the
decision shall be accompanied by findings of fact and conclusions
based thereon, together with the reasons for such conclusions.
(4) References shall be provided to the most pertinent
section(s) of this chapter and/or the State Municipalities Planning
Code.
D. Notice of decision. A copy of the final decision shall
be personally delivered or mailed to the applicant or his/her representative
at his/her last known address not later than the time limit established
by the State Municipalities Planning Code, as amended. [Note: As of
the adoption date of this chapter, such provisions were within Sections
908(9) and 908(10) of such act, including provisions regarding notice
to other parties.]
E. State law. See also Section 908 of the Pennsylvania
Municipalities Planning Code.
The provisions for appeals to court that are
stated in the State Municipalities Planning Code, as amended, shall
apply. (Note: As of the adoption date of this chapter, these provisions
were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A
of such act.)
See the provisions of the State Municipalities
Planning Code, as amended. (Note: As of the adoption date of this
chapter, such provisions were within Section 619 of such act.)
The minimum lot area, minimum lot width and
minimum street frontage requirements of this chapter shall not apply
to uses or structures owned by Millersville Borough or by a municipal
authority created solely by Millersville Borough for uses and structures
that are intended for a public utility, stormwater or public health
and safety purpose.