Conewago Township Adams County
City Zoning Code
City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 155-180 Enforcement; violations and penalties.
A.
The provisions of this chapter shall be enforced by an agent, to be appointed by the Board of Supervisors, who shall be known as the "Zoning Officer." He/she shall receive such fees or compensation as approved by resolution of the Board of Supervisors. The Zoning Officer shall not hold any elective office within the Township. No zoning permit or zoning certificate of use and occupancy shall be granted by him/her for any purpose, except in compliance with the literal provisions of this chapter. The Zoning Officer may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within his/her scope of employment.
B.
Duties and responsibilities. The duties and the responsibilities of the Zoning Officer shall be:
(1)
Process applications: to receive, examine and process all zoning permit and certificate of use applications as provided by the terms of this chapter. The Zoning Officer shall also issue zoning permits for special exception and conditional uses, or for variances after the same have been approved.
(2)
Maintain official records: to maintain and be responsible for all pertinent records on zoning matters in the Township. These records shall include, but not be limited to, all applications received, copies of all zoning permits and certificates of use and occupancy issued, copies of orders and findings of the Zoning Hearing Board, written complaints of alleged violations, records of all inspections made, a current copy of this chapter, and all amending ordinances, the Official Zoning Map,[1] and all other pertinent information. The records of this office shall be available for the use of the Township government and for inspection of any interested party during normal office hours. The Zoning Officer shall at least annually submit to the Board of Supervisors a written statement of all permits and certificates of use and occupancy issued and violations and stop-work orders recommended or promulgated.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
(3)
Inspections:
(a)
Before issuing any zoning permit or zoning certificate of use and occupancy at his/her discretion, to inspect or cause to be inspected all buildings, structures, signs, or land and portions thereof for which an application has been filed for a zoning permit or a zoning certificate of use and occupancy. Thereafter, he/she may make such inspections during the completion of the work for which a zoning permit has been issued. Upon completion of such work and before issuing a zoning certificate of use and occupancy, a final inspection shall be made, and all violations of the approved plans or zoning permit shall be noted, and the holder of the zoning permit shall be notified of the discrepancies. The Zoning Officer shall have the right to enter any building or structure or enter upon any land at any reasonable hour in the course of his/her duties.
(b)
To inspect properties to determine compliance with all provisions of this chapter, as well as conditions attached to the approval of variances, special exceptions, conditional uses, and curative amendments.
(4)
Inspect and/or register nonconformities: upon request by a landowner and/or the direction of the Board of Supervisors, to inspect nonconforming uses, structures and lots, and to keep a filed record of such nonconforming uses and structures, together with the reasons why the Zoning Officer identified them as nonconformities, as a public record and to examine them periodically, with the view of eliminating the nonconforming uses under the existing laws and regulations.
(5)
Assist local officials: upon the request of the Board of Supervisors or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests, to assist such bodies in reaching their decisions.
(7)
Floodplain variance reporting: upon the granting by the Zoning Hearing Board of a variance pertaining to Chapter 83, Floodplain Management, the Zoning Officer shall notify the applicant, in writing, within 15 days, that:
(8)
Floodplain zone report to DCED: upon the approval by the Zoning Hearing Board of a special exception, or upon the approval of a conditional use by the Board of Supervisors for development located within any floodplain regulated by Chapter 83, Floodplain Management, to send written notice of the approval by registered mail to the Pennsylvania Department of Community and Economic Development.
(9)
Biannual report to FIA: to remain eligible for the National Flood Insurance Program, the Zoning Officer shall submit a biannual report to the Federal Insurance Administration concerning the status of the program in the Township. (The report form shall be provided by the Federal Insurance Administration.)
(11)
Investigate complaints: when in receipt of a verbal nonanonymous complaint stating fully the cause and basis thereof, to investigate alleged violations of this chapter. The Zoning Officer shall have the express authority to require proof of zoning compliance from any party through any reasonable means necessary (e.g., removal of tarp concealing potential violation). Said investigation shall be completed within 15 days of said complaint. A written report of all investigations of this chapter shall be prepared and filed by the Zoning Officer. If, after the investigation, the Zoning Officer determines that a violation has occurred, he/she shall take action as provided for by this chapter.
(12)
Prosecute violations: to institute civil enforcement proceedings as a means of enforcement when anyone undertakes deliberate actions that are contrary to the terms of this chapter and any conditions placed upon the approval of special exceptions, variances and conditional uses or any other approvals authorized under this chapter.
C.
Violations. Failure to secure a zoning permit prior to a change in use of land or a structure or the erection, construction or alteration of any structure or portion thereof shall be a violation of this chapter. It shall also be a violation of this chapter to undertake other deliberate actions which are contrary to the terms of this chapter and any conditions placed upon the approval of special exceptions, variances and conditional uses. Each day that a violation is continued shall constitute a separate offense.
D.
Enforcement notice. If it appears to the Township that a violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice, as provided in the following:
(1)
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
(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 that have not been met, citing in each instance the applicable provisions of this chapter.
(d)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth under § 155-174E of 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.
E.
Enforcement remedies. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter, enacted under the Act[4] or prior enabling laws, 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 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 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 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 fees collected for the violation of this chapter shall be paid over to the Township.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
F.
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, enacted under the Act or prior enabling laws, the governing body or, with the approval of the governing body, an officer of the municipality, or any aggrieved owner or tenant of real property who shows that his/her property or person will be substantially affected by the alleged violations, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, landscaping, or land, or to prevent, in or about such premises, any act, conduct, business, or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the municipality at least 30 days prior to the time the action is begun by serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given.
§ 155-181 Zoning permits.
A.
General requirements for zoning permits.
(1)
Actions requiring zoning permits. A zoning permit shall be required prior to:
(a)
A change in use of land or a structure.
(b)
The erection or construction of a structure (principal or accessory) or portion thereof, including, but not limited to, fences, but excluding satellite dish antennas that are less than one meter in diameter.
(c)
The improvement or alteration of any existing structure (principal or accessory) where such improvement or portion thereof increases the amount of space which the structure encloses.
(d)
The alteration or development of any improved or unimproved real estate, including, but not limited to, mining, dredging, filling, grading, paving, excavation, or drilling operations, but not including the tilling of soil associated with agriculture.
(e)
The erection or alteration of any signs specified in § 155-45 of this chapter as requiring a zoning permit.
(f)
The construction or installation of animal waste impoundments, lakes, ponds, dams, or other water retention basins.
(h)
For uses other than a single-family dwelling or agricultural:
[1]
The installation of a new outdoor lighting system.
[2]
The alteration, rehabilitation, or renovation to an existing outdoor lighting installation which is commenced after the effective date of this chapter and involves the complete replacement of an existing lighting system with a new lighting system.
[3]
The replacement of an outdoor light fixture that existed on the effective date of this chapter.
(2)
Permit exemptions. No zoning permit shall be required for repairs or maintenance of any structure or land, provided such repairs do not change the use or the exterior dimensions of the structure or otherwise violate the provisions of this chapter.
(3)
Form of application. Application for zoning permits shall be made in writing to the Zoning Officer. Two copies of the application, including a plot plan, for a zoning permit shall be submitted in such form as the Zoning Officer may prescribe.
(4)
Permit review deadline. Such zoning permits shall be issued or rejected within 90 days from date of application.
(5)
Permit conformity. No zoning permit shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or the courts.
(6)
Permit burden of proof. In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a proposed use to meet all the requirements of this chapter, it will be incumbent upon the applicant to furnish adequate evidence in support of his/her application. If such evidence is not presented, the zoning permit will be denied.
(7)
Authorization to apply. The parcel or parcels shall be in a single and full ownership, or proof of option shall be furnished at the time of application. The full names and addresses of the landowner or developer, and of the responsible officers if the landowner or developer is a corporate body, shall be stated in the application.
(8)
Permit referral. The Zoning Officer may call upon other Township staff and/or Township-appointed consultants in the review of submitted materials for applications.
(9)
Permit revocation. The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in this chapter.
(10)
Required permit fees. No permit shall be issued until the fees prescribed by the Board of Township Supervisors approved by resolution 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 by any other ordinances or law. The fees collected for the review of a zoning permit include one inspection for a zoning certificate of use and occupancy. Should an applicant fail to demonstrate compliance with an approved zoning permit at such inspection, he/she will be required to correct any noted violations and pay another final inspection fee or submit a new zoning permit application (in compliance with all requirements listed above), along with its fee for each time the Township must inspect the site prior to its final issuance of a zoning certificate of use and occupancy.
(11)
Issuance/rejection of permits. Upon receipt, the Zoning Officer shall examine the permit application within a reasonable time after filing. If the application fails to comply with the provisions of this chapter and all pertinent local laws and/or any conditions of approval attached to the grant of any applicable subdivision and/or land development approval, he/she shall reject such application in writing, stating the reasons therefor. Should the Zoning Officer deny the permit, he/she shall inform the applicant of his/her right to appeal to the Zoning Hearing Board under § 155-174E of this chapter. If satisfied that the proposed work and/or use conforms to the provisions of this chapter, and all local laws and ordinances applicable thereto and/or any conditions of approval attached to the grant of any applicable subdivision and/or land development approval, he/she shall issue a permit therefor as soon as practical, but not later than 90 days from receipt of the complete application.
(12)
Reconsideration of application. An applicant whose request for a permit has been denied by the Zoning Officer may make a later application for a permit, provided all deficiencies which were the basis for the prior denial of the permit have been eliminated. The Zoning Officer shall not be required to make a new review of the application if this condition is not met.
(13)
Expiration of permit. The permit shall expire after two years from the date of issuance; provided, however, that the same may be extended for a period not to exceed a total of five years upon the request by the applicant, who can demonstrate good cause for the extension.
(14)
Compliance with chapter. The permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel, or set aside any of the provisions of this chapter, except as stipulated by the Zoning Hearing Board through the issuance of an approved variance under § 155-174D of this chapter.
(15)
Compliance with permit and plot plan. All work or uses shall conform to the approved application and plans for which the permit has been issued, as well as the approved plot plan.
(16)
Display of zoning permit. All approved zoning permits shall be prominently displayed on the subject property during construction, renovation, reconstruction, repair, remodeling or the conduct of other site improvements. Such permit displays shall occur within five days of permit issuance or prior to the commencement of actual work on the site, whichever occurs first. Such permit display shall be continuous until the site receives its zoning certificate of use and occupancy.
(17)
Availability of zoning permit. The Zoning Officer shall maintain a copy of all active zoning permits for inspection.
(18)
Temporary use permits. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities for a limited period of time in times of local or national emergency and/or disaster, which activities may be prohibited by other provisions of this chapter. If such uses are of such a nature and are so located that, at the time of application, they will in no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone and contribute materially to the welfare of the Township, particularly in a state of emergency, under conditions peculiar to the time and place involved, then the Board of Supervisors may direct the Zoning Officer to issue a permit.
B.
Application for all zoning permits.
(1)
Applications shall contain a general description of the proposed work, development, use or occupancy of all parts of the structure or land and shall be accompanied by plot plans in duplicate, drawn to scale and showing the following as may be applicable to the requested permit:
(a)
The actual dimensions and shape of the lot to be built upon.
(b)
The exact size and location on the lot of buildings, structures, fences, signs, and areas of land use and existing and/or proposed extensions thereto.
(c)
The number of dwelling units or other units of occupancy (e.g., commercial, industrial, institutional, agricultural, accessory uses, etc.), if any, to be provided.
(d)
The location and proposed surfacing of driveways and access drives and copies of any highway occupancy permits as required by local, county and/or state agencies.
(e)
The height of all structures, buildings, and/or signs.
(f)
Distances of buildings and structures from lot lines and street right-of-way lines.
(g)
Off-street parking and loading areas and access thereto, including grades and proposed surfacing.
(h)
Outdoor areas devoted to storage of goods, materials and/or wastes.
(j)
Utility systems affected and proposed, including primary and backup on-lot and/or public sewage disposal and water supply systems, including any required permits.
(k)
Alteration or development of any improved or unimproved real estate.
(l)
Lot coverage.
(m)
Site lighting plans, including lighting of signs in accordance with the requirements of § 155-33 of this chapter.
(n)
Floor area devoted to each proposed use and unit of occupancy for both principal and accessory uses.
(o)
Recreation areas.
(p)
Screens, buffer yards, landscaping, erosion control filter strips and riparian buffers.
(q)
Means of pedestrian access.
(r)
Written approvals for needed conservation plans, nutrient management plans and/or erosion and sediment pollution control plans.
(s)
Information relating to any zoning approvals obtained from the Zoning Hearing Board or the Board of Supervisors.
(t)
Copies of any applicable subdivision/land development plan.
(u)
All other information necessary for the Zoning Officer to determine conformance with and provide for enforcement of this chapter.
(2)
If the proposed development, excavation or construction is located within a floodplain as regulated by Chapter 83, Floodplain Management, the following information is specifically required to accompany all applications:
(a)
The accurate location of the floodplain and floodway;
(b)
The elevation, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), of the lowest floor, including basements; and
(c)
The elevation, in relation to the NGVD, to which all structures and utilities will be floodproofed or elevated.
(3)
Applications involving any excavation or earthmoving involving earth disturbance on 5,000 square feet or more shall require submission of one or more of the following:
(a)
Applications for permits for agricultural use involving earth disturbance on 5,000 square feet or more shall require submission of a letter from the Adams County Conservation District or the United States Department of Agriculture's Natural Resource and Conservation Service (NRCS) that the proposed use has an approved conservation plan.
(b)
Applications for permits involving nonagricultural use where any of the following conditions apply shall require submission of a letter from the Adams County Conservation District that the proposed use has an approved erosion and sediment pollution control plan:
[1]
Earth disturbance will occur on one acre or more;
[2]
The site possesses slopes exceeding 10%;
[3]
The site contains or abuts a body of water or watercourse; and
[4]
The site and proposed use or activity presents the potential for discharge into state-designated high-quality waters and/or state-designated exceptional-value waters and/or exceptional-value wetlands.
(c)
Applications for permits that do not involve uses or activities subject to the above § 155-181B(3)(a) and (b) shall require the submission of a signed statement by the applicant that an adequate erosion and sediment pollution control plan will be developed, implemented and maintained prior to any excavation or earthmoving on the site.
(d)
Applications involving forestry uses shall require the submission of information listed in § 155-85 of this chapter.
C.
Application for zoning permit for uses in the Highway Commercial, Industrial and Quarry Zones. In addition to the preceding requirements for all zoning permits, uses proposed within the Commercial, Industrial Zones and/or Quarry Zones shall provide the following information:
(1)
A location plan showing the tract to be developed, zone boundaries, adjoining tracts, significant natural features, proposed topographic features, and streets for a distance of 200 feet from all tract boundaries.
(2)
A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards or the emission of any potentially harmful or obnoxious matter or radiation.
(3)
Engineering plans for treatment and disposal of sewage and industrial waste, tailings or unusable by-products.
(4)
Engineering plans for the handling of traffic, noise, light and glare, air pollution, water pollution, vibration, fire hazards or safety hazards, smoke, or emission of any potentially harmful or obnoxious matter or radiation.
(5)
Designation of the manner by which sanitary sewage and stormwater shall be disposed and water supply obtained.
(6)
The proposed number of shifts to be worked and the maximum number of employees on each shift.
(7)
Where use by more than one firm is anticipated, a list of firms which are likely to be located in the center, their floor area, and estimated number of employees.
§ 155-182 Zoning certificate of use and occupancy.
A.
When required. Except in the case of zoning permits issued for tree cutting in accordance with § 155-148 of this chapter, 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 zoning certificate of use and occupancy has been issued by the Zoning Officer. The Zoning Officer shall not issue such certificate unless he/she has inspected said structure, building, sign, or land and has determined that all provisions of this chapter and other laws of the Township have been satisfied and that the applicant has received a certificate of occupancy under the Township Building Code,[1] if applicable.
B.
Form of application. The application for a zoning certificate of use and occupancy shall be in such form as the Zoning Officer may prescribe and shall be made at the same time as the application for a zoning permit is filed with the Zoning Officer.
C.
Description of use and occupancy. The application shall contain a description of the intended use and occupancy of any structure, building, sign, or land or portion thereof for which a zoning permit is required herein.
D.
Action upon applications.
(1)
Except in the case of zoning permits issued for tree cutting in accordance with § 155-148 of this chapter, the Zoning Officer shall inspect any structure, building, sign or use of land within seven days after notification that the proposed work that was listed under the zoning permit has been completed.
(a)
If he/she is satisfied that the work is in conformity and compliance with the work listed in the issued zoning permit, the work is in conformity and compliance with and all other pertinent local laws, and that the applicant has received a certificate of occupancy under the Township Building Code,[2] if applicable, he/she shall issue a zoning certificate of use and occupancy for the intended use listed in the approved application.
(b)
If the Zoning Officer finds that the work has not been performed in accordance with this chapter and/or the approved application, the Zoning Officer shall refuse to issue the zoning certificate of use and occupancy and shall give, in writing, the reasons for such refusal.
(2)
The Zoning Officer shall inform the zoning permit holder of his/her right of appeal to the Zoning Hearing Board under § 155-174E of this chapter.
(3)
The fees collected for the review of a zoning permit include one inspection for a zoning certificate of use and occupancy. Should an applicant fail to demonstrate compliance with an approved zoning permit at such inspection, he/she will be required to correct any noted violations and pay another final inspection fee or submit a new zoning permit application (in compliance with all requirements listed above), along with its fee, for each time the Township must inspect the site prior to its final issuance of a zoning certificate of use and occupancy.
E.
Availability of certificate. The Zoning Officer shall maintain a zoning certificate of use and occupancy (or a true copy thereof) for all uses that shall be kept available for inspection at all times.
F.
Temporary zoning certificate of use and occupancy. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this chapter, during times of local or national emergency and/or disaster. If such uses are of such a nature and are so located that, at the time of application, they will in no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone and contribute materially to the welfare of the Township, particularly in a state of emergency, under conditions peculiar to the time and place involved, then the Board of Supervisors may direct the Zoning Officer to issue a zoning certificate of use and occupancy for a period not to exceed six months. Such zoning certificate of use and occupancy may be extended not more than once for an additional period of six months.
G.
Performance standards. For uses that involve activities that are subject to operations and performance standards listed in Article III of this chapter, no zoning certificate of use and occupancy shall become permanent until 30 days after the facility is fully operating and when, upon reinspection by the Zoning Officer, it is determined that the facility is in compliance with all such standards.
§ 155-183 Fees.
A.
The Board of Supervisors shall establish, by resolution, a schedule of fees, charges, and expenses and collection procedures for applications for zoning permits, zoning certificates of use and occupancy, special exceptions, conditional uses, variances, appeals, amendments, 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.
C.
Until all application fees, charges, and expenses have been paid in full, the application or appeal shall not be considered complete. Therefore, no proceedings related to any such application or appeal shall be initiated, no established time elements shall begin to accrue, and no action shall be taken on any such application or appeal.
§ 155-184 Amendments.
A.
Power of amendment. The Board of Supervisors may, from time to time, amend, supplement, change, or repeal this chapter, including the Official Zoning Map.[1] 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 by an interested party. The Township is under no obligation to consider any zoning amendment, other than curative amendments submitted under § 155-184F and G of this chapter.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
B.
Hearing and enactment procedures for zoning amendments.
(1)
Public hearing. Before hearing and enacting Chapter 155, Zoning, and/or Zoning Map amendments, the Board of Supervisors shall conduct a public hearing to inform the general public of the nature of the amendment and to obtain public comment. Such public hearing shall be conducted after public notice (as defined herein and listed below) has been given.
(2)
Public notice. Before conducting a public hearing, the Board of Supervisors shall provide public notice as follows:
(a)
Notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. Publication of the proposed amendment shall include either the full text thereof or the title and brief summary, prepared by the Municipal Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
[1]
A copy of the full text shall be supplied to a newspaper of general circulation in the municipality at the time the public notice is published; and
[2]
An attested copy of the proposed ordinance shall be filed in the County Law Library, or other county office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
(b)
For Zoning Map amendments, public notice shall also include the posting of a sign at conspicuous locations along the perimeter of the subject property deemed sufficient by the Township to notify potentially interested citizens. This sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time, and location of the hearing. In addition, notice of the public hearing shall be sent by first class mail by the municipality at least 30 days prior to the date of the public hearing by first-class mail to the addressees to which real estate tax bills are sent for all real property located within the area to be rezoned, as evidenced by the tax records within possession of the Township. Such notice shall include the location, date and time of the public hearing. The first-class mail notice requirement shall not apply when the rezoning constitutes a comprehensive rezoning.
(c)
For curative amendments, public notice shall also indicate that the validity of this chapter and/or map 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.
(d)
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the governing body shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
(3)
Enactment notice. In addition to the public notice requirements defined herein, the Board of Supervisors must publish a reference to the time and place of the meeting at which passage of this chapter or amendment will be considered and a reference to a place within the municipality where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. Enactment notice shall be published at least once in one newspaper of general circulation in the municipality not more than 60 days, nor less than seven days, prior to passage. The published content of the enactment notice shall be the same as that required for public notice described in the preceding § 155-184B(2).
(4)
Township Planning Commission referrals. For amendments proposed by parties other than the Township Planning Commission, the Board of Supervisors shall submit each amendment to the Township Planning Commission at least 30 days prior to the public hearing on such amendment. A report of the review by the Township Planning Commission, together with any recommendations, may be given to the Board of Supervisors within 30 days from the date of said referral. The recommendation of the Township Planning Commission may include a specific statement as to whether or not the proposed action is in accordance with the intent of this chapter and the Official Comprehensive Plan of the Township.
(5)
Adams County Planning Commission referrals. All proposed amendments shall be submitted to the Adams County Planning Commission at least 45 days prior to the public hearing on such amendments. The Commission may submit recommendations to the Board of Supervisors; however, if the Adams County Planning Commission fails to act within 45 days, the Board of Supervisors may proceed without its recommendations.
(6)
Adjournment of public hearing. If, during the public hearing process, the Board of Supervisors needs additional time to understand the proposal, inform the public, receive public comment, and/or render a decision, it may adjourn the public hearing to a time and place certain.
(7)
Copies of adopted amendments. Within 30 days after enactment, a copy of the amendment to this chapter and/or Zoning Map shall be forwarded to the Adams County Planning Commission.
(8)
Authentication of the Official Zoning Map. Whenever there has been a change in the boundary of a zone or a reclassification of the zone adopted, the change on the Official Zoning 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.
C.
Amendment 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.
D.
Amendment initiated by the Board of Supervisors. When an amendment, supplement, change, or repeal is initiated by the Board of Supervisors, such amendment, supplement, change or repeal shall follow the procedure prescribed for a petition under § 155-184B.
E.
Amendment initiated by a petition from an interested party. A petition for amendment, supplement, change, or repeal for a portion of this chapter shall include an accurate legal description and surveyed plan of any land to be rezoned and all of the reasons supporting the petition to be considered. The petition shall also 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 to be 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. The Board of Supervisors may require duplicate sets of petition materials.
F.
Curative amendment by a landowner. A landowner who desires to challenge on substantive grounds the validity of this chapter or the Official Zoning Map,[2] or any provision thereof, which prohibits or restricts the use or development of land in which he/she has an interest, may submit a curative amendment to the Board of Supervisors (including all of the reasons supporting the request to be considered), with a written request that his/her challenge and proposed amendment be heard and decided, as provided in Sections 609.1 and 916.1 of the Act, as amended.[3] The Board of Supervisors shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Township and Adams County Planning Commissions, as provided for in § 155-184B, and public notice of the hearing shall be provided as defined herein.
(1)
In reviewing the curative amendment, the Board of Supervisors may deny the request, accept the request as submitted, or may adopt an alternative amendment which will cure the challenged defects. The governing body 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 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.
(2)
The governing body shall render its decision within 45 days after the conclusion of the last hearing.
(3)
If the governing body fails to act on the landowner's request within the time limits referred to in § 155-184F(2), a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
(4)
Public notice of the hearing shall include notice that the validity of this chapter or map 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.
(5)
The challenge shall be deemed denied when:
(a)
The governing body fails to commence the hearing within 60 days;
(b)
The governing body notifies the landowner that it will not adopt the curative amendment;
(c)
The governing body adopts another curative amendment which is unacceptable to the landowner; or
(d)
The governing body fails to act on 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 municipality.
(6)
Where, after the effective date of the Act,[4] a curative amendment proposal is approved by the grant of a curative amendment application by the governing body pursuant to this section, or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 155-174A, or the court acts finally on 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 for a subdivision, land development or planned residential development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision or 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. Upon the filing of the preliminary or tentative plan, the provisions of Section 508(4) of the Act[5] shall apply.
(7)
Where the proposal appended to the curative amendment application or the validity challenge is approved, but does not require further application under any subdivision or land development ordinance, the developer shall have one year within which to file for a zoning permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision or 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.
G.
Curative amendment by the Board of Supervisors. The Board of Supervisors, by formal action, may declare 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:
(1)
By resolution, make specific findings setting forth the declared invalidity of this chapter or portions thereof, which may include:
(2)
Begin to prepare and consider a curative amendment to this chapter to correct the declared invalidity.
(3)
Within 180 days from the date of the declaration and proposal, the Board of Supervisors shall enact a curative amendment to validate, or reaffirm the validity of, this chapter pursuant to the provisions required by Section 609 of the Act[6] in order to cure the declared invalidity of this chapter.
[6]
Editor's Note: See 53 P.S. § 10609.
(4)
Upon the date of the declaration and proposal, the Board of Supervisors shall not be required to entertain or consider any curative amendment filed by a landowner, nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of this chapter under § 155-174A, subsequent to the declaration and proposal, based upon the grounds identical to, or substantially similar to, those specified in the resolution required by this section. Upon the enactment of a curative amendment to, or the reaffirmation of the validity of, this chapter, no rights to a cure by amendment or challenge shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Chapter 155, Zoning, for which the Board of Supervisors propose to prepare a curative amendment.
(5)
The Board of Supervisors, having utilized the procedures as set forth in this section, may not again utilize said procedures for a thirty-six-month period following the date of the enactment of a curative amendment or reaffirmation of the validity of this chapter; provided, however, that, if after the date of declaration and proposal, there is a substantially new duty or obligation imposed upon the Township by virtue of a Pennsylvania Appellate Court decision, the Board of Supervisors may utilize the provisions of this section to prepare a curative amendment to this chapter to fulfill this duty or obligation.
§ 155-185 Conditional uses.
A.
Filing of conditional use. For any use permitted by conditional use, a conditional use must be obtained from the Board of Supervisors. No conditional use application will be accepted which requires approval for any use or relief by the Zoning Hearing Board until such times as such approvals have been secured. If, during the course of review of the conditional use, it is determined that the proposed use requires approval for any use or relief by the Zoning Hearing Board, the application shall be either withdrawn by the applicant or may be denied by the Board of Supervisors. In addition to the information required on the zoning permit application, the conditional use application must show:
(1)
Ground floor plans and elevations of proposed structures.
(2)
Names and addresses of adjoining property owners, including properties directly across a public right-of-way.
(3)
A scaled drawing (site plan) of the site, including finished topography with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter, including competent evidence demonstrating a substantial likelihood of compliance with the requirements of Article V of this chapter.
B.
General criteria. Each applicant must demonstrate compliance with the following:
(1)
The proposed use shall be consistent with the purpose and intent of this chapter, and such use is specifically authorized as a use by conditional use within the zone wherein the applicant seeks approval;
(2)
The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties;
(3)
The proposed use will not substantially change the character of the subject property's neighborhood, nor adversely affect the character of the general neighborhood, the conservation of property values, the health and safety of residents or workers on adjacent properties and in the neighborhood or the reasonable use of neighboring properties. The use of adjacent properties shall be adequately safeguarded;
(4)
Adequate public facilities are available to serve the proposed use, and the proposed use shall not have an adverse effect upon the logical and economic extension of such public services and facilities (e.g., schools, parks and recreation, fire, police and ambulance protection, sewer, water and other utilities, vehicular access, etc.);
(5)
The applicant shall establish, by credible evidence, that the proposed conditional use shall be in and of itself properly designed with regard to internal circulation, off-street parking, off-street loading, landscaping, screening, buffering, and all other elements of proper design as specified in this chapter and any other governing law or regulation;
(6)
For development within a floodplain as defined herein, that the application complies with those requirements listed in Chapter 83, Floodplain Management;
(7)
The proposed use shall comply with those criteria specifically listed in Article IV of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter; and
(8)
The proposed use will not substantially impair the integrity of the Comprehensive Plan.
C.
Conditions. The Board of Supervisors, in approving conditional use applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this article.
D.
Site plan approval. Any site plan presented in support of the conditional use pursuant to § 155-185A(3) shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.
E.
Hearing procedures.
(1)
Before voting on the approval of a conditional use, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. If, after any public hearing held upon an application, the proposed application is revised, the Board of Supervisors or Hearing Officer shall hold another public hearing, pursuant to public notice, before proceeding to vote on the application. As an alternative, the Board of Supervisors may appoint any one of its members or an independent attorney to act 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 municipality, 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.
(2)
The Board of Supervisors shall submit each such application to the Township Planning Commission at least 30 days prior to the hearing on such application to provide the Township Planning Commission an opportunity to submit recommendations.
(3)
Public notice, as defined herein, and written notice shall be given to the applicant, the Zoning Officer, such other persons as the Board of Supervisors shall designate by ordinance, and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board of Supervisors. 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 and will exhibit the nature, date, time, and location of the hearing.
(4)
The first hearing before the Board or Hearing Officer shall commence within 60 days from the date of receipt of the 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 may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal.
(5)
The Board of Supervisors may prescribe reasonable fees with respect to hearings. Fees for said hearings may include compensation for the Secretary, notice and advertising costs, and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses, expenses for engineering, architectural, or other technical consultants, or expert witness costs.
(6)
The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board of Supervisors or Hearing Officer, and any other person, including civic or community organizations, permitted to appear by the Board of Supervisors or Hearing Officer. The Board of Supervisors or Hearing Officer shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board of Supervisors or Hearing Officer for that purpose.
(7)
The Chairman or Acting Chairman of the Board of Supervisors or Hearing Officer 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.
(8)
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
(9)
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(10)
The Board of Supervisors or Hearing Officer may keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board of Supervisors. The cost of the original transcript shall be paid by the Board of Supervisors if the transcript is ordered by the Board of Supervisors or Hearing Officer or shall be paid by the person appealing the decision of the Board of Supervisors or Hearing Officer 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.
(11)
The Board of Supervisors or Hearing Officer shall not communicate, directly or indirectly, with any party or his/her representative 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/her representative unless all parties are given an opportunity to be present.
(12)
The Board of Supervisors or the Hearing Officer, as the case may be, 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. However, the applicant and the municipality may, prior to the decision of the hearing, waive the decision or findings by the Board of Supervisors and accept the decision or findings of the Hearing Officer as final. 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 of 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. 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 the Hearing Officer's 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.
(13)
Where the Board of Supervisors or Hearing Officer fails to render the decision within the period required by this subsection, or fails to commence the required hearing within 60 days from the date of the applicant's request for a hearing, or fails to complete the hearing no later than 100 days after completion of the applicant's case-in-chief, unless extended for good cause upon application to the Court of Common Pleas, 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 or Hearing Officer to meet or render a decision as hereinabove provided, the Board of Supervisors or Hearing Officer 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 or Hearing Officer 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.
(14)
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/her no 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.
F.
Time limitation.
(1)
For uses that do not require subsequent subdivision and/or land development approval:
(a)
If a conditional use is granted, the necessary zoning permit shall be secured and the authorized action begun within six months after the date when the conditional use is finally granted, and the building or alteration, as the case may be, shall be completed within two years of said date. For good cause, the Board of Supervisors may, upon application, in writing, state the reasons therefor and extend either the six-month or two-year period;
(b)
Should the appellant or applicant fail to obtain the necessary permits within said six-month period or, having obtained the permit, should he fail to commence work thereunder within such six-month period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his conditional use application, and all approvals granted to him shall be deemed automatically rescinded by the Board of Supervisors; and
(c)
Should the appellant or applicant commence construction or alteration within said six-month period, but should he fail to complete such construction or alteration within said two-year period, the Board of Supervisors may, upon 10 days' notice, in writing, rescind or revoke the conditional use, if the Board of Supervisors finds that no good cause appears for the failure to complete within such two-year period, and if the Board of Supervisors further finds that conditions have so altered or changed in the interval since the granting of the conditional use that revocation or rescission of the action is justified.
(2)
For uses that require subsequent subdivision and/or land development approval:
(a)
If a conditional use is granted, the applicant shall be required to submit the subsequent subdivision and/or land development application within 12 months after the date when the conditional use is finally granted, and the applicant shall have secured a zoning permit for such use within five years of said date. For good cause, the Board of Supervisors may, upon application, in writing, state the reasons therefor and extend either the twelve-month or five-year period;
(b)
Should the appellant or applicant fail to submit the subsequent subdivision and/or land development application within the twelve-month period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his conditional use application, and all approvals granted to him shall be deemed automatically rescinded by the Board of Supervisors; and
(c)
Should the appellant or applicant submit the subsequent subdivision and/or land development application within said twelve-month period, but should he fail to secure a zoning permit for such use within said five-year period, the Board of Supervisors may, upon 10 days' notice, in writing, rescind or revoke the granted conditional use approval, if the Board of Supervisors finds that no good cause appears for the failure to secure a zoning permit within such five-year period, and if the Board of Supervisors further finds that conditions have so altered or changed in the interval since the granting of the conditional use that revocation or rescission of the action is justified.
(3)
As an alternative to the preceding requirements of § 155-185F(1) and (2), an applicant can request, as part of the original conditional use application before the Board of Supervisors, the granting of a timetable associated with the request which would supersede the deadlines imposed in § 155-185F(1) and (2). In so doing, the applicant must demonstrate that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this section, the Board of Supervisors must establish and bind a definite time frame for:
§ 155-186 Mediation option.
A.
Parties to proceedings before the governing body may utilize mediation as an aid in completing such proceedings. In no case shall the governing body initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this Article IX once they have been formally initiated.
B.
Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. The Township shall assure that, in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
(3)
Completing mediation, including time limits for such completion.
(5)
Identifying all parties and affording them the opportunity to participate.
(6)
Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by the parties and become subject to review and approval by the appropriate decisionmaking body pursuant to the authorized procedures set forth in the Act.
C.
No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.
§ 155-187 Information submission requirements.
In order to ensure that the review processes and administration of this chapter are accomplished in a manner that is readily accessible to all citizens of the Township, any information and/or plans submitted associated with any application, permit, petition, appeal or any other request shall be provided in a form that is reproducible, without restriction, by any and all interested parties and/or the general public. The submission of copyrighted materials will not be accepted.
§ 155-188 Appeals.
Proceedings for securing review of any ordinance or of any decision, determination, or order of the Board of Supervisors, their agencies, the Zoning Hearing Board, or the Zoning Officer issued pursuant to this chapter shall be in accordance with Article X-A of the Act, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.