Requirements for securing a zoning permit. Land, buildings and structures shall not be put to any use or have the use for which they are used changed or expanded, nor shall any conversion which increases the number of dwelling units or additional activity accessory to the primary use occur without a permit therefor issued by the Zoning Officer, unless otherwise provided for in this chapter. No such permit shall be issued unless there is conformity with the provisions of this chapter, except upon written order from the Zoning Hearing Board in the form of a variance or upon order from any court of competent jurisdiction.

Exemptions. No zoning permit shall be required for normal and routine repairs or maintenance of any building, structure or land, provided such repairs do not change the use, alter the exterior dimensions of the building or structure or otherwise violate the provisions of this chapter or any other applicable regulation.

Application for zoning permit. The application for a zoning permit shall be submitted, in such form as the Board of Supervisors may prescribe, by the owner or lessee or any building, structure or land or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, it shall be accompanied by a written authorization from the owner or lessee designating the agent and authorizing the work. The full name and address of the applicant and the landowner, if different, shall be stated on the application. If the applicant is a corporation, the names and addresses of the officers of the corporation shall be included on the application. A fee as established by the Board of Supervisors shall accompany the application.

Description of the work. The application shall contain a description of the proposed work and/or use and occupancy of the building, structure and/or land and any other information required by the Zoning Officer to determine compliance with this chapter and other applicable regulations. The application shall be accompanied by plans, drawn to scale, showing the actual dimensions and shape of the lot, the size and location and dimensions of the proposed use, building or alteration, distance from existing lot lines and street right-of-way lines, parking areas, and other pertinent information.

Approval or disapproval of application. The Zoning Officer shall issue or refuse the application within 90 days after filing. No zoning permit shall be issued unless the applicant presents the Zoning Officer with proof that any applicable subdivision and/or land development approval has been granted, a sewage permit has been issued by the Township Sewage Enforcement Officer for the lot, any applicable driveway permits or a highway occupancy permit issued by PennDOT have been issued and all other required Township or county approvals and permits have been granted or issued. The Zoning Officer shall mark the application as either approved or disapproved and it shall be retained by the Zoning Officer for the Township files. If disapproved, the Zoning Officer shall return one copy of the application to the applicant as soon as practical and shall attach a statement to the application explaining the reasons for such disapproval and informing the applicant of his right to appeal to the Zoning Hearing Board within 30 days.

Issuance and posting of permits. Upon approval of the application by the Zoning Officer, the Zoning Officer shall issue a zoning permit placard that shall be visibly posted on the site of operations during the entire time of construction. The zoning permit shall expire one year from the date of issuance, provided that it may be extended at the discretion of the Zoning Officer for six-month periods not to exceed a total of one year.

Rights of permit holders. The zoning permit shall be a license to proceed with work described on the approved application. The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter in the case of any false statement or misrepresentation of fact in the application on which the permit or approval was based, or if the permit was issued in error, or if work is not undertaken in accordance with the permit or for any other proper cause. Permit holders shall proceed with work at their own risk and subject to the rights of aggrieved parties to appeal the issuance of the zoning permit as authorized by the Pennsylvania Municipalities Planning Code.[1]

Payment of fees. No permit to begin work for the erection, construction, alteration, repair, extension, replacement, and/or use of any building, structure, sign and/or land for construction or use shall be issued until the fees prescribed by the Board of Township Supervisors shall be paid to the Zoning Officer. The payment of fees under this section shall not relieve the applicant or holder of said permit from payment of other fees that may be required by this chapter, or any other ordinance or law.

Certificate of use and occupancy required. It shall be unlawful to use and/or occupy any structure, building, sign or land or portion thereof for which a zoning permit is required until a certificate of use and occupancy has been issued by the Zoning Officer. The Zoning Officer shall not issue a certificate of use and occupancy unless he has inspected said structure, building or land and has ascertained compliance with all provisions of this chapter and all other applicable regulations. The application for issuance of a certificate of use and occupancy shall be made at the same time an application for a zoning permit is filed with the Zoning Officer as required herein. The application for a certificate of use and occupancy shall be in such form as the Zoning Officer may prescribe. The application shall express the intended use and/or occupancy of any structure, building, sign, and/or land or portion thereof for which a permit is required.

Issuance. Upon the receipt of notification that the work for which a zoning permit has been issued has been completed, the Zoning Officer shall inspect the premises to determine whether the work has been performed in accordance with the approved application and other applicable Township and county ordinances, statutes and regulations. If the Zoning Officer is satisfied that the work has been completed in accordance with the approved application and applicable ordinances, statutes and regulations, the Zoning Officer shall issue a certificate of use and occupancy to the permit holder for the use indicated on the approved application. A copy of the certificate of use and occupancy shall be retained by the Zoning Officer as part of the official record. If the Zoning Officer finds that the work has not been performed in accordance with the approved application, the Zoning Officer shall refuse to issue the certificate of use and occupancy and, in writing, give the reasons therefor and inform the permit holder of his rights to appeal to the Zoning Hearing Board.

Temporary certificate of use and occupancy.

Violations defined. The construction, alteration, maintenance or use of any structure, building, sign, land, or landscaping; or the change of use, area of use, percentage of use or displacement of the use of any structure, building, sign, land or landscaping without first obtaining a zoning permit; or the use of any building, structure, sign or land without receipt of a certificate of use and occupancy; or the failure to comply with any other provision of this chapter; or the violation of any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or a conditional use by the Board of Supervisors or by a court of competent jurisdiction if a special exception, variance or conditional use is granted by such court are hereby declared to be violations of this chapter.

Enforcement notice. If it appears to the Zoning Officer that a violation of this chapter exists, the Zoning Officer shall send an enforcement notice (also known as a "notice of violation and cease-and-desist order") to the owner of record of the lot on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that lot, to any other person requested in writing by the owner of record, and to any person against whom the Township may bring an enforcement action. The enforcement notice shall contain the name of the owner of record and any other persons against whom the Township may take action, the location of the property in violation, the specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter, the date before which steps for compliance must be commenced and that date before which the steps must be completed, that the recipients of the enforcement notice have the right to appeal to the Zoning Hearing Board within 30 days, and that a failure to comply with the notice within the time specified, unless extended by an appeal to the Zoning Hearing Board, constitutes a violation with sanctions provided in this chapter. However, in no case shall the person so served abandon the premises in such a condition so as to create a hazard or menace to the public safety, health, morals or welfare. Said premises shall be placed in such condition as the Zoning Officer shall direct.

Enforcement action. If the enforcement notice is not complied with or appealed within 30 days, the Zoning Officer shall institute in the name of the Township 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 of direction made pursuant thereto. The Board of Supervisors may also direct the Zoning Officer or Township Solicitor to institute a civil enforcement proceeding before a Magisterial District Judge.

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 for such violation in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including the reasonable attorneys' fees incurred by the Township 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 Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day that 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 Magisterial District Judge, and, thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Township for the general use of the Township. 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.

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 to any of the regulations made pursuant thereto, or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or upon the grant of a special exception or variance by the Zoning Hearing Board or upon the grant of a conditional use by the Board of Supervisors; 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 to prevent any illegal act, conduct, business or use in and about such premises.

Other actions. The imposition of the penalties herein prescribed shall not preclude the Township Solicitor from instituting appropriate action to prevent unlawful erection or construction or to restrain, correct or abate a violation or to prevent illegal use or occupancy of any structure, building, sign, land, and/or premises or to stop an illegal act, conduct, business, use or occupancy of a structure, building, sign, and/or land in or about any premises.

Procedure for amendments shall comply with the Pennsylvania Municipalities Planning Code. All procedures within this section for amendments to this chapter shall be governed by the Pennsylvania Municipalities Planning Code, as it may be amended.[1]

Amendments. The Board of Supervisors may from time to time, after public notice and hearing as hereinafter prescribed, amend, supplement, change, or repeal this chapter, including the Zoning Map.[2] Any amendment, supplement, change or repeal may be initiated by the Township Planning Commission, the Board of Supervisors or by a petition to the Board of Supervisors. Such amendment, supplement, change or repeal shall be submitted to the Township Planning Commission and to the County Planning Commission for their recommendations and shall be specifically found by the Board of Supervisors to be in accordance with the spirit and intent of the formally adopted portions of the Township Comprehensive Plan before final action shall be taken by the Board of Supervisors.

Amendments initiated by the Township Planning Commission. When an amendment, supplement, change or repeal is initiated by the Township Planning Commission, the proposal shall be presented to the Board of Supervisors, which shall then proceed in the same manner as with a petition to the Board of Supervisors which has already been reviewed by the Township Planning Commission. The Board of Supervisors shall submit the amendment to the Lancaster County Planning Commission for its review and recommendations at least 30 days prior to the date of the hearing on the proposed amendment.

Amendment initiated by the Board of Township Supervisors. When an amendment, supplement, change or repeal is initiated by the Board of Supervisors, it shall submit the proposal to both the Township Planning Commission and the Lancaster County Planning Commission for review and recommendations at least 30 days prior to the date fixed for the public hearing to consider the amendment, supplement, change or repeal.

Curative amendment initiated by landowner. When a landowner desires to challenge on substantive grounds the validity of the ordinance or map or any provision thereof, said landowner may submit a curative amendment to the Board of Supervisors with a written request that this challenge and proposed amendments be heard and decided as provided in the Pennsylvania Municipalities Planning Code, as amended. The Supervisors shall commence a hearing thereon within 60 days of receipt of the applicant's application. The curative amendment and challenge shall be referred to the Planning Commission and notice of the hearing thereon shall be given as provided in the Municipalities Planning Code. The Board of Supervisors may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment that 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:

Procedure for petition. The petition for amendment, supplement, change or repeal shall contain as fully as possible all the information requested by the Zoning Officer and shall be signed by at least one record owner of the property in question, whose signature shall be notarized attesting to the truth and correctness of all the facts and information presented in the petition. A fee as established by the Board of Supervisors shall be paid upon the filing of such petition for change and for the purpose of defraying the costs of the proceedings prescribed herein.

Referral to Township Planning Commission and County Planning Commission. After receipt of the petition by the Board of Supervisors, said petition shall be presented to the Township Planning Commission and to the Lancaster County Planning Commission for review and recommendations at least 30 days prior to the public hearing. A report of said review, together with any recommendations, shall be given to the Board of Township Supervisors, in writing, within 30 days from the date of the public hearing. If the Township Planning Commission and/or the County Planning Commission shall fail to file such a report within the time and manner specified, it shall be conclusively presumed that such Planning Commission has approved the proposed amendment, supplement, change or repeal.

Public notice and hearing. The Township Supervisors shall fix a time and place for a public hearing at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in one newspaper of general circulation in the Township once each week for two successive weeks, the first publication shall be not more than 30 days and the second publication shall not be less than seven days prior to the date of said hearing. Publication shall include the full text or title and summary of the proposed amendment.

Authentication of the Official Zoning Map. Whenever there has been a change in the boundary of a zoning district or a reclassification of the zoning district adopted in accordance with the above, the change on the official map shall be made and shall be duly certified by the Township Secretary and shall thereafter be refiled as part of the permanent records of the Township.