The purpose and objective of the provisions established under Article XXV of this chapter is to establish specific regulations and guidelines for the administration and enforcement of this chapter.

Where a conflict or discrepancy should arise concerning the procedural requirements specified by this chapter and the Pennsylvania Municipalities Planning Code, the East Lampeter Township Solicitor shall review the conflict or discrepancy and advise the Board of Supervisors, Planning Commission, Zoning Officer, Engineer and/or Zoning Hearing Board of the procedural requirements that should be followed.

The provisions established for administration and enforcement, as established under Article XXV of this chapter shall be subject to the interpretation of the East Lampeter Township Zoning Officer and/or Solicitor. Should a dispute arise concerning the interpretation of these regulations, the person aggrieved by the interpretation may file an appeal.

Appointment. The provisions of this chapter shall be administered, interpreted and enforced by the East Lampeter Zoning Officer who shall be appointed by, and be responsible to, the East Lampeter Township Manager. The Zoning Officer shall not hold any elective office within East Lampeter Township and shall continue to serve East Lampeter Township until such time East Lampeter Township declares otherwise.

Duties and responsibilities. The Zoning Officer is responsible to administer, interpret and enforce the provisions of this chapter, which shall include the following duties and powers:

Assistant Zoning Officer. East Lampeter Township may appoint an Assistant Zoning Officer who shall work under the direction of the East Lampeter Township Manager and Zoning Officer.

General requirements. It shall be unlawful to commence with any subdivision, land development activities and site improvements or to change the use of any building, structure, or property, until all permits have been issued by the agencies with jurisdiction.

Form of application. The application for a zoning permit shall be submitted in such form as the Zoning Officer may prescribe and shall be accompanied by the required fee stipulated by East Lampeter Township. Application for a zoning permit shall be made by the landowner, his agent or the equitable owner. The full names and addresses of the landowner, his agent or the equitable owner, and of the responsible officers if the landowner, his agent or the equitable owner is a corporate body or a partnership, shall be stated in the application.

Description of work activities. The application shall contain a general description of the proposed work and/or use and occupancy of all parts of the building, structure, sign, or land; such additional information as may be required by the Zoning Officer; and the following information, when applicable.

Issuance of permit. Upon receiving the application, the Zoning Officer shall examine the same within a reasonable time after filing. If the application or plans do not conform to the provisions of all pertinent laws, the Zoning Officer shall reject such application, in writing, within 90 days after the application is filed, stating the reasons therefor and the manner, if any, in which the application can be corrected and/or modified to obtain approval. The Zoning Officer shall inform the applicant of his right of appeal to the Zoning Hearing Board in the event that such application is rejected. If satisfied that the proposed work or use conforms to the provisions of this chapter and all other pertinent laws and ordinances, the Zoning Officer shall issue a permit as soon as practical but in no event more than 90 days after the application is filed. 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 application. If such evidence is not presented or if the applicant does not respond to the Zoning Officer, the permit will be denied.

Expiration of permit. The zoning permit shall expire one year from the date of issuance; however, the permit may be extended by the Zoning Officer upon reasonable cause shown and at his discretion for one or two six-month periods, not to exceed an additional one year.

Revocation of permit. The Zoning Officer may revoke a zoning permit or approval issued under the provisions of this chapter in the case of any false statement or misrepresentation of fact in the application or on the plans upon which the permit or approval was based, or if it is found that the work performed or the use to which the property is put is not in conformance with the application, or for any other cause set forth in this chapter.

Posting of permit. A true copy of the zoning permit shall be kept on the site of operations. This permit must be posted at all times at a location visible to the traveling public, it must be protected from the weather, and remain legible during the entire time of prosecution of the work until completion of same as defined in the application.

Conditions for permit issuance.

Other permits. Pursuant to the provisions established by East Lampeter Township, additional permits may be required by local, regional, county, state and federal agencies, which shall be issued prior to the commencement of any improvement or site activities.

Enforcement notice. The following general provisions shall apply to enforcement notices:

Causes of action. In case any building, structure, landscaping, or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this chapter, the Zoning Officer, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, 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 East Lampeter Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.

Enforcement remedies.

General provisions. The following general provisions shall apply to the appointment, membership, removal, vacancy, compensation and expenditure requirements for the Zoning Hearing Board:

Organization and protocol. The following provisions shall apply to the organization, protocol and operating procedures of the Zoning Hearing Board:

Jurisdiction of adjudications. The Zoning Hearing Board shall have exclusive jurisdiction to conduct hearings and render decisions in the following matters.

Applications. The following procedures shall be required for an application to the Zoning Hearing Board:

Public hearings. The Zoning Hearing Board shall conduct public hearings and render decisions in accordance with the provisions specified by East Lampeter Township and the Pennsylvania Municipalities Planning Code.

Time limitations. The Zoning Hearing Board shall consider all applications in accordance with the provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.

In all cases before the Zoning Hearing Board, the Board of Supervisors, Planning Commission, and Zoning Officer may review and comment on the application prior to rendering a decision.

The Zoning Hearing Board shall hear requests for zoning variance applications, whereas it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The zoning variance application shall be considered by the Zoning Hearing Board in accordance with the provisions specified by this chapter and the Pennsylvania Municipalities Planning Code.

In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code. The Zoning Hearing Board may, by rule, prescribe the form of application and may require a preliminary application to be issued and reviewed by the Zoning Officer.

In all cases before the Zoning Hearing Board, the Board of Supervisors, Planning Commission and Zoning Officer may review and comment on the zoning variance application prior to the Zoning Hearing Board rendering a decision.

The Zoning Hearing Board has the authority to grant a variance in accordance with the provisions established by this chapter and the Pennsylvania Municipalities Planning Code.

If a permit is required to satisfy the conditions of approval for the zoning variance application, the applicant shall obtain the required permit(s) within six months from the approval date of the zoning variance application. All required site improvements and construction activities stipulated by the permit(s) shall be completed within one year from the date that the permit(s) have been issued by East Lampeter Township or the authorized agencies with jurisdiction. Should additional time be required, the applicant shall seek a time extension before the Zoning Hearing Board or request such at the time of initial approval.

If the applicant should fail to comply with the terms and conditions specified under § 375-25050F of this chapter, the decision and order issued by the Zoning Hearing Board shall expire and any relief granted by the zoning variance application shall become voided.

For zoning variance applications, where compliance with the minimum dimensional requirements and/or maximum coverage requirements of this chapter are considered to be de minimis in terms of their impact, the Zoning Hearing Board may consider such application in accordance with the laws of the Commonwealth of Pennsylvania.

The Zoning Hearing Board shall consider the special exception applications in accordance with the provisions established by this chapter and by the Pennsylvania Municipalities Planning Code.

The Zoning Hearing Board shall consider the comments issued by the East Lampeter Township Board of Supervisors, Planning Commission, Engineer, Zoning Officer, and/or other agencies that could assist the Zoning Hearing Board with the special exception application. All such comments shall be made either in writing and presented as evidence during the hearing or as part of sworn testimony at the public hearing.

In granting any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, as amended. The Zoning Hearing Board may, by rule, prescribe the form of application and may require a preliminary application to be issued and reviewed by the Zoning Officer.

The Zoning Hearing Board shall consider the following issues prior to rendering its decision on a special exception application:

The Zoning Hearing Board shall advertise and conduct the special exception hearing in accordance with the provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.

If a permit is required to satisfy the conditions of approval for the special exception application, the applicant shall obtain the required permit(s) within one year from the approval date of the special exception application. All required site improvements and construction activities stipulated by the permit(s) shall be completed within one year from the date that the permit(s) have been issued by East Lampeter Township or the authorized agencies with jurisdiction. Should additional time be required, the applicant shall seek a time extension before the Zoning Hearing Board or request such at the time of initial approval.

If the applicant should fail to comply with the terms and conditions specified as part of the decision issued by the Zoning Hearing Board, the decision and order issued by the Zoning Hearing Board shall expire and that the approval of the special exception application shall become voided.

Unless otherwise stipulated as part of the special exception decision issued by the by the Zoning Hearing Board, East Lampeter Township may consider granting a time extension in order for the landowner or applicant to comply with the provisions specified under § 375-25050F of this chapter.

The Board of Supervisors shall hear requests for conditional use applications, as permitted in accordance with the provisions specified by this chapter and the Pennsylvania Municipalities Planning Code.

In granting any conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.

Unless otherwise required by East Lampeter Township, a preliminary subdivision plan or preliminary land development plan shall be prepared and submitted with the conditional use application for review and consideration in accordance with the procedures and requirements specified by East Lampeter Township.

Prior to the commencement of the conditional use hearing or during the proceedings of the conditional use hearing, the Board of Supervisors shall consider the comments of the East Lampeter Township Planning Commission, Zoning Officer, Engineer, the appointed professional consultants and/or other agencies that could assist the Board of Supervisors with the merits of the conditional use application. All such comments shall be made either in writing and presented as evidence during the hearing or as part of sworn testimony at the conditional use hearing.

All of the standards for conditional uses hereinafter set forth shall, where relevant, apply to all conditional uses within East Lampeter Township and are deemed definitional in character so that the failure to comply with any standards shall be deemed a failure to bring the applicant within that definitional aspect for which a conditional use may be granted; or, in the discretion of the Board of Supervisors, such failure to comply with the standards may be deemed a basis for the impositions of appropriate conditions to such grant. It is further the intention of the Board of Supervisors that the standards hereinafter described shall be deemed additional standards and shall in no way impair any other applicable standard described elsewhere in this chapter. Where there is a conflict between the standards set forth in this article and other standards elsewhere established by this chapter or other applicable ordinances, it is intended that the more stringent thereof shall apply, and it is not the intent of this article to abrogate or impair any other such standards or requirements.

The Board of Supervisors shall consider the following general issues and site requirements prior to rendering its decision on a conditional use application:

The Board of Supervisors shall process, review and consider the conditional use application in accordance with the provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.

The Board of Supervisors shall advertise and conduct the conditional use hearing in accordance with the provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.

Nothing in this section shall be construed to relieve the applicant for a conditional use approval from obtaining all other required approvals mandated by East Lampeter Township as well as other pertinent laws, ordinances and regulations that have been adopted by local, state and federal agencies. This may include the submission of a subdivision plan and/or land development plan to be prepared by the applicant and submitted to East Lampeter Township.

If a permit is required to satisfy the conditions of approval for the conditional use application, the applicant shall obtain the required permit(s) within one year from the approval date of the conditional use application. All required site improvements and construction activities stipulated by the permit(s) shall be completed within one year from the date that the permit(s) have been issued by East Lampeter Township or the authorized agencies with jurisdiction. Should additional time be required, the applicant shall seek a time extension before the Board of Supervisors or request such at the time of initial approval.

If the applicant should fail to comply with the terms and conditions specified by the Board of Supervisors, the decision and order issued by the Board of Supervisors shall expire and that the approval of the conditional use application shall become voided.

Unless otherwise stipulated as part of the conditional use decision, the Board of Supervisors may consider granting a time extension in order for the landowner or applicant to comply with the provisions specified by this chapter.

Zoning amendments. The Board of Supervisors may from time to time amend, supplement, change, modify or repeal the contents of this chapter, including the Zoning Map. All such amendments shall be considered in accordance with the provisions established by East Lampeter Township and Pennsylvania Municipalities Planning Code.

If an amendment to this chapter, a public hearing shall be scheduled and conducted in accordance with the provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.

Curative amendment. A landowner who desires to challenge on substantive grounds the validity of this chapter, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Supervisors. The following provisions shall apply to a curative amendment:

All enacted amendments to this chapter shall be maintained by East Lampeter Township and included as part of this chapter.

This chapter shall not apply to any existing or proposed buildings, or extension thereof, used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed building in question is reasonably necessary for the convenience or welfare of the public. This exemption shall not apply to telecommunications antennas, communications equipment buildings, and communication towers for wireless telecommunication services regulated under the Telecommunications Act of 1996.

No exemption shall be granted by East Lampeter Township for any use, building, structure, or sign unless evidence has been submitted to justify that the exemption is warranted under the laws, rules, and regulations of the Commonwealth of Pennsylvania.

Preliminary opinion. In order not to delay unreasonably the time when a landowner may secure assurance that this chapter or Zoning Map under which he proposes to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may be unavailable, the landowner may advance the date from which time for any challenge to this chapter or Zoning Map will run under § 914.1 of the Pennsylvania Municipalities Planning Code by following the procedures set forth in the Pennsylvania Municipalities Planning Code.

Mediation. If necessary, mediation proceedings shall be conducted in accordance with the provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.

Appeals. All appeals concerning the review, application, interpretation and decisions authorized by this chapter shall be in accordance with the appropriate provisions that are established by East Lampeter Township and the Pennsylvania Municipalities Planning Code. All such appeals concerning an alleged error in the processing or enactment of any components of this chapter shall be raised by appeal taken directly from the action of the Board of Supervisors to the appropriate court, which shall not be filed later than 30 days from the effective date of this chapter.

The Board of Supervisors shall establish by resolution a schedule of fees, charges and expenses as well as the collection procedures for zoning permits, certificates of occupancy, special exceptions, variances and appeals and other matters pertaining to this chapter. The resolution or schedule of the fees shall be available for inspection in the office of the East Lampeter Township Zoning Officer.

The Board of Supervisors may alter or change the schedule of the fees by resolution in accordance with the appropriate provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.

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 in a civil enforcement proceeding commenced by East Lampeter Township, pay a maximum judgment of $500 per day per violation, plus all related court costs, including reasonable attorney fees incurred by East Lampeter Township as a result thereof.

No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, East Lampeter 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 determines otherwise as prescribed by the Pennsylvania Municipalities Planning Code.

The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

Nothing contained in this chapter shall be construed or interpreted to grant to any person or entity other than East Lampeter Township the right to commence any action for enforcement pursuant to this chapter.

In the event any building, structure or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, or in case any land, building or structure for which a use and occupancy permit is required is conveyed or possession otherwise transferred to a bona fide purchaser or lessee without obtaining such certificate of occupancy and delivering the same to such bona fide purchaser or lessee at or prior to conveyance or transfer of possession, whichever first occurs, the Board of Supervisors, in addition to other remedies, may institute in the name of East Lampeter Township any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land or the conveyance thereof, or to prevent in or about such premises any act, conduct, business or use constituting a violation.