Douglass Township City Zoning Code
ARTICLE XXVII
Administrative Procedures
§ 265-241 Administration.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer who shall have such powers as are conferred on him by this chapter and who shall administer this chapter in accordance with its literal terms. The Zoning Officer shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.
§ 265-242 Duties.
The duties of the Zoning Officer shall be:
A.
To examine all applications for building and zoning permits.
B.
To issue permits only for construction and uses which are in accordance with the regulations of this chapter and other applicable ordinances as may be subsequently enacted.
C.
To record and file all applications for permits with the accompanying plans.
D.
To issue permits for uses by special exception only after such uses and buildings are approved by the Zoning Hearing Board in accordance with the regulations of this chapter.
E.
To receive all required fees and issue all necessary stop orders.
F.
Upon the request of the Planning Agency or of the Zoning Hearing Board, or Board of Supervisors, to present to such body, facts, records and any similar information on specific requests to assist such bodies in reaching their decision.
G.
To institute civil enforcement proceedings as a means of enforcement.
§ 265-243 Appeal.
Any appeal from a decision or action of the Zoning Officer shall be made directly to the Zoning Hearing Board.
§ 265-244 Complaints regarding violations.
Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Officer. He shall record promptly such complaint, immediately investigate, and take action thereon as provided by this chapter.
§ 265-245 Notification of violation.
Enforcement notice shall be given as provided in § 616.1 of the Pennsylvania Municipalities Planning Code, as amended.
§ 265-246 Enforcement.
This chapter shall be enforced by the Zoning Officer. No permit of any kind as provided in this chapter shall be granted by him for any purpose except in compliance with the provisions of this chapter, or a decision of the Zoning Hearing Board or a court of competent jurisdiction.
§ 265-247 Enforcement notice.
If it appears that a violation of this chapter has occurred, the Zoning Officer, the Board of Supervisors, or its designee shall initiate enforcement proceedings by sending an enforcement notice as follows. The enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom the Township intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
D.
The 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 30 days of receipt of the enforcement notice.
F.
The notice shall further set forth that the recipient may be liable for attorney's fees, administrative costs, penalties, fines and/or costs relating to the violation and the proceeding.
G.
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.
§ 265-248 Requirements for zoning permits.
A zoning permit shall be required prior to the erection, construction, alteration, moving or change in use of any building or structure or part thereof and before any zoning permit is issued for a new principal building or structure, permanent reference monuments of solid steel 3/4-inch in diameter and 36 inches in length or marble or concrete monuments four inches square by 30 inches in length shall be set at all corners and angle points of the boundaries of the lot and a certificate of compliance from a registered surveyor dated within 30 days of the date of the application for the zoning permit shall be submitted to the Township.
§ 265-249 Violations and penalties.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon conviction thereof in a civil enforcement proceeding, pay a judgment of not more than $1,000 plus all court costs, including reasonable attorney's fees and administrative costs incurred by Douglass Township as a result thereof. If the defendant neither pays nor timely appeals the judgment, Douglass Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day that a violation is continued shall constitute a separate violation, unless the Pennsylvania Court of Common Pleas 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, reasonable attorney's fees and/or administrative costs collected for the violation of this chapter shall be paid over to Douglass Township.
§ 265-250 Application for permits.
Application for permit shall be made in writing to the Zoning Officer on such forms as may be furnished by the Township. Such application shall include building and plot plans of a satisfactory nature in duplicate, and shall contain all information necessary for such official to ascertain whether this proposed erection, alteration, use or change in use complies with the provisions of this chapter. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the work meets all the requirements of applicable codes and ordinances.
§ 265-251 Issuance of permits.
A.
No zoning permits shall be issued except in conformity with the regulations of this chapter, except after written order from the Zoning Hearing Board or any court of competent jurisdiction. In addition, no zoning permits shall be issued in regard to any lot or tract of land if any fees and/or costs including, but not limited to, legal and engineering costs and Zoning Hearing Board costs due to the Township in connection with said lot or the subdivision in which it is located, whether required by this or any other law, ordinance or regulation or by development agreement are unpaid and no permit shall be issued to a party who has not paid all such fees and/or costs due from said party to Douglass Township, whether in connection with the lot or tract of land which is the subject of the application or any other lot or tract of land in Douglass Township. Further, in addition, in the event that the Department of Labor and Industry approval is required in connection with the proposed construction or use, no zoning permits shall be issue until such approval is obtained and proof thereof is furnished to the Zoning Officer.
B.
In case of refusal, the applicant shall be informed of his right to appeal to the Zoning Hearing Board.
C.
Proceedings of the Zoning Hearing Board shall be governed by the Pennsylvania Municipalities Planning Code, as amended. The Board shall fix its own rules of procedure. The Board of Supervisors shall establish by resolution a schedule of fees for appeals to the Zoning Hearing Board.
D.
The building permit or assigned permit to which the applicant may be entitled as a result of a decision of the Zoning Hearing Board shall be applied for within 12 months of the date of the written decision therefore. Failure to do so will render the decision null and void.
E.
A building or zoning permit shall not be issued for a building or other object that is proposed within a recorded easement or right-of-way. This includes alley-ways, stormwater easements, sewer easements, open space easements, and conservation easements.
§ 265-252 Expiration of permits.
No permit for the erection, razing, change, alteration or removal of buildings shall be valid or effective after 12 months from the date of issuance thereof and shall thereafter be void, unless the work authorized by such permit shall have been substantially commenced within 12 months from the date of issuance and proceeded with, with due diligence. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted by reason of any reasonable cause not due to his own negligence, the permit may be renewed without additional cost to the applicant.
§ 265-253 Certificate of occupancy.
A.
Upon completion of the erection or alteration of any building or portion thereof authorized by any permit, and prior to occupancy or use, or prior to any change in occupancy or use, the permittee shall notify the Zoning Officer of such completion or change and obtain a certificate of occupancy. No certificate of occupancy shall be issued until all requirements of the ordinances of Douglass Township, including this chapter and Chapter 230, Subdivision and Land Development, have been satisfied.
B.
In commercial and industrial zoning districts, at such times as performance standards are imposed, no certificate of occupancy shall become permanent until 30 days after the facility is fully operating, when upon a reinspection by the Zoning Officer, it is determined that the facility is in compliance with all performance standards.
§ 265-254 Permits for variances and special exceptions.
A.
Variances and special exceptions shall expire after 12 months, unless the use of construction authorized thereby has been begun within that time. If such use is discontinued for a period of more than one year, or if such construction is removed or destroyed, the variance or special exception shall terminate.
B.
Special exceptions shall not be granted by the Zoning Hearing Board unless the applicant therefore shall establish:
(1)
That granting of the special exception will not adversely affect the public interest.
(2)
That the proposed structure or development complies with the letter and intent of this chapter.
(3)
That the public health, safety and welfare has been protected in the following respects, where applicable:
(a)
Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
(b)
Off-street parking and loading areas where required with particular attention to the items in Subsection B(1) above, and the noise, glare or odor effects of the proposal on adjoining properties and properties generally in the district.
(d)
Utilities, with reference to locations, availability and compatibility.
(e)
Screening and buffering with reference to type, dimensions and character.
(f)
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety and compatibility and harmony with properties in the district.
(g)
Required yards and other open space.
(h)
General compatibility with adjacent properties and other property in the district.
(i)
Compliance with any standards for special exception established in a separate zoning district.
C.
Extension of permits for variances and special exceptions may be granted by the Zoning Hearing Board for a period of one year or, if the circumstances warrant, for a specified period of time in excess of one year. If the extension exceeds one year, the terms and conditions of the extension by the Zoning Hearing Board shall specify the exact time of the extension and the requirements in connection therewith (for example, if the applicant shall continue to pursue subdivision and/or land development approval).
§ 265-255 Conditional use process.
A.
An application for any conditional use shall be filed with the Township Manager and presented to the Board of Supervisors and shall provide:
(1)
The name and address of the applicant;
(2)
The name and address of the owner of the real estate to be affected by the proposed conditional use application;
(3)
A description and location of the real estate on which the conditional use is proposed;
(4)
A statement of the present zoning classification of the real estate in question, the improvement thereon, and the present use thereof;
(5)
A statement of the section of this chapter which authorized the conditional use, and the standards which regulate the design of said use.
(6)
A sketch plan and an accurate description of the improvements and additions intended to be made shall be submitted under the application for conditional use. The submission shall contain a site plan at a scale of one inch equals 100 feet or one inch equals 50 feet showing:
(a)
Topography of the site depicted by contours at not greater than five-foot intervals.
(b)
The location of the lot relative to the surrounding lots and buildings including the names of property owners.
(c)
The location, dimensions and arrangement of all access points, off-street parking facilities, loading and unloading stations, pedestrian ways, sidewalks and streets.
(d)
The location, uses planned, dimensions, gross floor area, building coverage and height of each building or other structure.
(e)
The location, dimensions and arrangement of proposed signs, landscaping, screening and buffering, and recreation areas.
(f)
The location, dimensions and arrangement of sanitary and stormwater sewage, water supply, storage areas, solid waste disposal facilities, parking lot lighting and all other utilities.
(g)
Other information deemed necessary by the Board of Supervisors.
B.
The proposal shall demonstrate conformance to the policies of the Township plans and ordinances in compatibility with the same, in addition to any conditions and standards listed in the relevant zoning district. The applicant shall provide all of the information, date and studies needed to allow the Board of Supervisors to reach conclusive evaluations of the following items:
(1)
The compatibility of the proposed development with existing and proposed land uses adjacent to the site.
(2)
The impact of the Township transportation network and the ability of the adjacent streets and intersections to efficiently and safely move the volume of traffic generated by the development.
(3)
The impact on the Boyertown School District including an estimate of new pupils generated by the proposed development and their impact on classroom capacities, class sizes, existing or planned facilities.
(4)
The impact on the Township's community facilities including estimates of additional community facilities which will be needed to serve the proposed conditional use and estimates of the abilities of existing commercial facilities to meet the demands generated by the proposed conditional use.
(5)
The impact on the economy of the Township and region including an analysis of the work locations of the residents of the proposed development.
(6)
The impact on the Township's community facilities including estimates of additional community facilities which will be needed to serve the proposed conditional use. Community facilities including, but shall not be limited to, sewage disposal facilities and systems, solid waste disposal facilities and systems, water supply facilities and systems, storm drainage systems, and electrical utility facilities and systems.
(7)
The ability of the Township to provide police and fire protection to the proposed conditional use.
(8)
The impact on the Township's recreational facilities including estimates of additional facilities which will be needed to serve the conditional use.
(9)
A cost revenue analysis which shall identify the net cost of the proposed conditional use to the Township and to the Boyertown School District. The net cost shall be the difference between the governmental expenditures which will be required to serve the proposed conditional use and the revenues that it will generate. The cost analysis shall clearly identify whether a net gain or net loss is anticipated and shall itemize the measurements used in the evaluation.
(10)
The compatibility of the proposed use with respect to vehicle parking, transportation, water, sewage, the reliable and adequate water supply for the use, as well as the preservation of the natural, scenic and historic values in the environment.
(11)
Information as to how the use will not affect the overcrowding of land, blight, danger and congestion in travel and transportation.
(12)
Information as to how the use will accommodate reasonable overall community growth, including population and employment growth.
C.
The application for a conditional use shall be filed with the Township Manger on such forms as may be prescribed for that purpose, and shall be accompanied by the application fee, prescribed from time to time, but the Board of Supervisors. No application shall be received for filing unless accompanied by the required filing fee. The Board of Supervisors shall submit the application to the Township Planning Agency within five days of receipt, after reviewing the same at its next public meeting following the application, and the Planning Agency shall review the application and make a recommendation to the Board of Supervisors within 60 days thereafter. Upon written application and the demonstration of a hardship, the Board of Supervisors may waive in full or in part the requirements herein.
D.
The Board of Supervisors shall hold a public hearing on the conditional use application in accordance with the following procedures:
(1)
Notice of the hearing shall be given to the public by publication in newspaper of general circulation in the Township at least twice, the first such notice to be not less than 14 days prior to the date of the scheduled hearing. Notice of the hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The Board of Supervisors shall conduct its first hearing on the application within 60 days from the date of its public meeting after the Planning Agency has reviewed the application unless the applicant waives or extends the time limitation.
(2)
The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance on the record before the Board of Supervisors, and any other person, including civic or community organizations permitted to appear by the Board of Supervisors. The Board of Supervisors shall have the power to require that all persons who wish to be considered parties enter written appearances on forms provided by the Board for that purpose.
(3)
The Chairman or Acting Chairman of the Board of Supervisors 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 required by the parties.
(4)
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(5)
The Board of Supervisors shall keep a stenographic record of the proceedings.
(6)
The Board of Supervisors shall render a written decision within 45 days after the last hearing before the Board. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefore.
(7)
A copy of the final decision shall be delivered to the application and the parties before the Board of Supervisors personally or mailed to them not later that the five days following the date of decision.
E.
In granting or denying a conditional use or establishing conditions with reference to such grants, the Board of Supervisors shall use as a guide in evaluating a proposed conditional use, and may determine to be mandatory, those standards established for review of special exception applications by § 265-303 of this chapter. The burden of establishing compliance with those enumerated standards shall be upon the applicant by a fair preponderance of the credible evidence. The standards required by this subsection shall be deemed a part of the definitional aspect under which a conditional use may be granted, and the failure of the applicant to establish his compliance with all of the standards shall, at the discretion of the Board of Supervisors, be deemed either a basis for the establishing of conditions or limitations on an approval or the basis for a determination that the applicant has not met the requirements for which a conditional use may be granted.
F.
Nothing in this section shall be construed to relieve the applicant for a conditional use approval from obtaining the other required approvals mandated by Chapter 230, Subdivision and Land Development, of the Douglass Township Code, or other applicable ordinances.
G.
Appeals from a determination of the Board of Supervisors pursuant to any application for conditional use shall be only as prescribed within such times permitted by the applicant provisions of the Pennsylvania Municipalities Planning Code.
H.
In granting an application for conditional use, the Board of Supervisors may attach such additional reasonable conditions and safeguards as it deems necessary and appropriate to insure compliance with the provisions of this chapter and to protect the health, safety and general welfare of the community.
I.
In addition to the aforesaid requirements, if a master plan is required prior to conditional use approval, the master plan must be submitted with the conditional use application.
J.
No application shall be accepted for conditional use review unless the application contains all of the documents and information required, including a master plan, if applicable, and the payment of the fees required and any escrows necessary per resolution of the Board of Supervisors.
K.
The Board of Supervisors may, by resolution, establish the application fee for a conditional use review as well as any reasonable escrow necessary for the payment of all professional and administrative fees and costs associated with such review including the hiring of any consultants that the Board may require for the review.
§ 265-256 Amendments.
The Board of Supervisors may, from time to time, amend, modify or repeal this chapter, including the Zoning Map, as follows:
A.
The Township may initiate a zoning change at any time.
B.
Applicants for rezoning shall petition the Board of Supervisors by letter on or before the fifth day of the month preceding the month in which the hearing shall be held.
C.
Applications shall be accompanied by payment as a deposit against advertising, stenographic, legal, engineering and other expenses connected with the application. The Board shall bill or credit applicants when total expenses are determined after the hearing.
D.
Applications shall be accompanied by development plans for the area proposed to be rezoned, including layout, elevations and architectural sketches, along with a study of the impact on the Township to be expected from the development.
E.
All applications shall be reviewed by the Planning Agency and its recommendations shall be forwarded to the Board of Supervisors before the 20th days of the month preceding the month in which the hearing will be held.
§ 265-257 Public notice.
Notice of a rezoning hearing shall be given as required by § 609 of the Pennsylvania Municipalities Planning Code, as amended.
§ 265-258 Referral to Township and County Planning Agencies.
The Board of Supervisors shall refer all requests for zoning ordinance amendments to both the Douglass Township Planning Agency and the Montgomery County Planning Commission for review and recommendations at least 30 days prior to the public hearing on the proposed amendment. The respective planning agencies shall consider whether the proposed amendment(s) would be consistent with the intent of the Douglass Comprehensive Plan, the Pottstown Metropolitan Regional Comprehensive Plan and the Montgomery County Comprehensive Plan's Future Land Use Plan, as well as general planning principles.
§ 265-259 Schedule of fees.
The Board of Township Supervisors shall determine a schedule of fees, charges and expenses, as well as a collection procedure for special permits, variances, amendments and other matters pertaining to this chapter, by resolution. Said schedule of fees shall be posted in the office of the Zoning Officer and the Township Secretary.
§ 265-260 Consultants.
A.
The Township may, at its discretion, engage land planners, engineers, traffic engineers, architects or such other planners or consultants it believes are necessary to review the design and assure that the provision set forth in this chapter are met, including but not limited to the goals and design criteria thereof.
B.
The applicant shall be responsible for all such costs and expenses.
C.
The applicant, in conjunction with the filing of the application for a conditional use, shall deposit in escrow with the Township monies to cover all costs of review for the payment of consultant that the Township so engages at its sole discretion. The amount of escrow shall be fixed from time to time by resolution of the Board.