Hamilton Township Adams County
City Zoning Code
City Zoning Code
ARTICLE XIX
Administration and Enforcement
§ 150-128 Appointment and powers of Zoning Officer.
For the administration of this Zoning Ordinance, a Zoning Officer, who shall not hold any elective office in the Township, shall be appointed. The Zoning Officer shall administer the Zoning Ordinance in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to the Zoning Ordinance.
§ 150-129 Enforcement.
It shall be the duty of the Zoning Officer, and the Zoning Officer is hereby given the power and authority, to enforce the provisions of this chapter. The Zoning Officer shall examine all applications for permits, issue permits for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans and documents, and make such reports as the Township may require. Special exception uses, construction permits associated with special exception uses, and variances to the requirements of this chapter shall be issued only upon approval of the Zoning Hearing Board. Conditional uses and construction permits associated with special exception uses shall be issued only upon approval by the Board of Supervisors.
§ 150-130 Permits.
A.
Requirement of permits. A zoning permit shall be required: 1) prior to the erection, addition, or alteration of any building or portion thereof; 2) prior to the use or change of use of a building or land; and 3) prior to the change or extension of a nonconforming use. It shall be unlawful for any person to commence work for the erection or alteration of any building or for a change in land use until a permit has been duly issued therefor. No such zoning permit shall be required in case of normal maintenance activities, minor repairs, and alterations which do not structurally change a building or structure.
B.
Application for permits.
(1)
All applications for permits shall be accompanied by three sets of plans, drawn to scale, showing:
(a)
The actual shape and dimensions of the lot to be built upon;
(b)
The exact size and location of any buildings existing on the lot;
(c)
The lines within which the proposed building or structure shall be erected or altered;
(d)
The existence and intended use of each building or part of a building;
(e)
The number of dwelling units the building is designed to accommodate; and
(f)
Such information as may be necessary to determine compliance with this chapter and all other ordinances.
(2)
A copy of such plans shall be returned to the applicant when such plans have been reviewed and acted upon by the Zoning Officer. All applications with accompanying plans and documents shall become public record after a permit is issued or denied.
C.
Issuance of permits.
(1)
No permit shall be issued until the Zoning Officer has certified that the proposed building, addition, or alteration complies with all the applicable provisions of this chapter, as well as the provisions of all other applicable ordinances.
(2)
The Zoning Officer shall act upon request within 30 days following the submission of the application.
(3)
Unless construction shall have been commenced within one year of the permit issuance date, any permit issued hereunder shall become void 12 months after said issuance date, unless a request for extension has been submitted to and approved by the Zoning Officer. Such request shall be filed with the Zoning Officer at least 30 days prior to the permit expiration date.
§ 150-131 Fees.
A.
The Board of Supervisors shall establish a schedule of fees, charges, and expenses, as well as a collection procedure, for zoning permits, appeals, variances, special exceptions, conditional uses, amendments, bonds, and other matters pertaining to this chapter. The schedule of fees shall be posted in the Township office and may be amended only by the Board of Supervisors.
B.
Such fees shall be payable to the Township, and until all applicable fees, charges, and expenses have been paid in full, the application shall be considered incomplete, and no action shall be taken on the applications.
C.
Any fee paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Township of Hamilton if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party's favor.
§ 150-132 Inspection by Zoning Officer.
A.
It shall be the duty of the Zoning Officer, Building Permit Officer, or other qualified individual authorized by the Township Supervisors, to make the following minimum number of inspections of property for which a permit has been issued:
(1)
Beginning of construction. A record shall be made indicating the time and date of inspection and the finding of the Zoning Officer in regard to conformance of the construction with plans submitted with the approved permit application. If the actual construction does not conform to the application, a written notice of violation shall be issued by the Zoning Officer, and such violation shall be discontinued. Upon proper correction of the violation and receipt of written notice from the Zoning Officer, construction shall proceed.
(2)
Completion of construction. A record shall be made indicating the time and date of the inspection and the findings of the Zoning Officer in regard to conformance to this chapter.
§ 150-133 Certificate of nonconformance.
A.
A certificate of nonconformance may be issued by the Zoning Officer upon the request of the owner of any property that is identified as containing a nonconforming use or structure. The owner's property and the issuance date of such certificate shall be registered in the records of the Township as follows:
(1)
The certificate of nonconformance shall set forth in detail all of the nonconforming conditions of said property.
(2)
A copy of the certificate of nonconformance shall be retained and filed by the Zoning Officer.
(3)
The certificate shall be for the purposes of ensuring the owner the right to continue a nonconforming use in accordance with the regulations of this chapter.
§ 150-134 Conditional use application.
A.
Where provided for in this chapter, the Board of Supervisors shall hear and decide requests for conditional uses in accordance with stated standards and criteria. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter. The Board may grant approval of a conditional use provided that the applicant complies with the following standards for conditional uses as set forth in applicable sections of this chapter, and that the proposed conditional use shall not be detrimental to the health, safety, or welfare of the neighborhood.
B.
The applicant shall submit three copies of a site plan, containing the required information, as part of the application for conditional use. Said site plans shall remain with the Board of Supervisors and in the Township's files for its use and review as necessary. The site plan shall contain sufficient information, studies, and other data to demonstrate compliance with all applicable regulations.
C.
Unless otherwise specified by the Board of Supervisors or by law, a conditional use shall expire if the applicant fails to obtain a zoning permit, and a building permit where applicable, within one year from the date of authorization thereof by the Board of Supervisors or by the court. Unless otherwise specified by the Board of Supervisors or by law, a conditional use shall expire within two years from the date of authorization thereof by the Board of Supervisors or by the court, if the applicant fails to complete any erection, construction, reconstruction, alteration, or change in the use authorized by said conditional use approval. Under either of the above circumstances, or for any good and reasonable cause, the Board of Supervisors may extend the approval of a conditional use for an additional period of up to one year upon the written request of the applicant.
§ 150-135 Hearings on conditional use applications.
The Board of Supervisors shall conduct hearings and make decisions on conditional use applications in accordance with the following:
A.
The Board of Supervisors shall conduct hearings and make decisions in regard to applications for conditional use in accordance with the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.[1] Public notice shall be given of such hearing. In addition, notice shall be given to the applicant, the landowner, all owners of adjacent property, the Zoning Officer, such other persons as the Board of Supervisors shall designate, and any person who has made timely requests for the same. Such notices shall be in writing and shall be given not more than 30 days nor less than seven days prior to the date and time set for such hearing. In addition, written notice shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Supervisors may establish reasonable fees for the holding of such hearing. Fees may include compensation for the Secretary, the cost of advertising and giving notice, and other necessary administrative overhead connected with the hearing. The cost shall not include legal expenses in regard to the hearing, or expenses for engineering, architectural, or other technical consultants or expert witness costs.
C.
The hearing shall be scheduled within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.
D.
The parties to the hearing shall be the applicant, Zoning Officer, any person affected by the application who has made timely appearance of 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 appearances in writing.
E.
The Chairperson or Acting Chairperson of the Board of Supervisors shall have the 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.
F.
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 to cross-examine adverse witnesses on all relevant issues.
G.
Formal rule of evidence shall not apply. However, irrelevant, immaterial, or unduly repetitious evidence may be excluded.
H.
The Board of Supervisors shall 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 it, or it shall be paid by the person appealing from the decision of the Board of Supervisors if such an appeal is made. In either event, the cost of additional copies shall be paid by the person or persons requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.
I.
Decision.
(1)
The Board of Supervisors 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 governing body. 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 the Pennsylvania Municipalities Planning Code[2] 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. When the Board of Supervisors fails to render a decision within the period required by this section or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, 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.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
When a decision has been rendered in favor of the applicant because of the failure of the Board of Supervisors to meet or render a decision as hereinabove provided, the Board of Supervisors 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 the Pennsylvania Municipalities Planning Code. If the Board of Supervisors shall fail to provide such notice, the applicant may do so.
J.
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 or her not later than the day following its date. To all other persons who have filed their name and address with the Board of Supervisors not later than the last day of the hearing, the Board of Supervisors 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.
K.
Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
§ 150-136 Appeals and applications.
A.
An appeal, or application for an amendment, special exception, conditional use, or variance, from the terms of this chapter, shall be filed with the Zoning Officer and shall contain the following information:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the real estate to be affected by such proposal.
(3)
A brief description and location of the real estate to be affected by such proposal.
(4)
A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof.
(5)
A statement of the section of this chapter under which the appeal or application requested may be allowed and reasons why it should be granted; or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and reasons for the appeal.
(6)
An accurate description of the present improvements and the additions intended to be made under this application, indicating the size and use of such proposed improvements and general construction thereof. In addition, there shall be attached a plot plan of the real estate to be affected, as required to accompany applications for permits, indicating the location and size of the lot and location of improvements now erected, and proposed to be erected thereon.
(7)
Any other pertinent data required by the Zoning Hearing Board, Board of Supervisors, and/or Zoning Officer, as appropriate to their individual authorities set forth in this article.
§ 150-137 Violations and penalties.
Failure to comply with any provision of this chapter, or failure to secure permit or Zoning Hearing Board certification, when required, shall be violations of this chapter.
A.
Enforcement notice.
(1)
If it appears to the Township that a violation of any Zoning Ordinance provision has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice, as provided by Section 616.1 of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10616.1.
(2)
The enforcement notice shall be sent to the owner of the record of the tract on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding said tract, and to any other person requested in writing by the owner of record.
(3)
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 which have not been met, citing in each instance the applicable provisions of the 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 the date of the determination.
(f)
The 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.
B.
Causes of action. In case any building, structure, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this chapter, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his or her 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 of land, or to prevent, in or about such premises, any act, conduct, business, or use constituting a violation. Such action is initiated by a landowner or Township at least 30 days prior to the time the action is begun by serving a copy of the complaint of the Board of Supervisors.
C.
Enforcement remedies.
(1)
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 therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of or 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 payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for person, partnership, or corporation violating the 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 District Justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs, and reasonable attorney fees collected for the violation shall be paid over to the Township of Hamilton.
(2)
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.
(3)
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
§ 150-138 Appointment of Zoning Hearing Board.
The Hamilton Township Board of Supervisors shall, by resolution and in accordance with Section 903 of Act 247 of 1968, as amended,[1] appoint a Zoning Hearing Board consisting of three members, and in accordance with Section 906 of Act 247 of 1968, as amended,[2] one alternate member. Said Zoning Hearing Board shall have such duties, powers, jurisdiction, and authority as set forth in Article IX of Act 247 of 1968, as amended. Members and alternative members of the Zoning Hearing Board shall be residents of Hamilton Township and shall hold no other elected appointed office in Hamilton Township.
§ 150-139 Organization of Zoning Hearing Board.
A.
The Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board, as provided in Section 908 of Act 247 of 1968, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
B.
If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairperson of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
C.
The Board may make, alter, and rescind rules and forms for its procedure, consistent with ordinances of the municipality and laws of the commonwealth. The Board shall keep full public records of its business, which records shall be the property of the municipality, and shall submit a report of its activities to the Board of Supervisors upon its request.
§ 150-140 Hearings.
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:
A.
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.[1] Notice shall be given to the public, the applicant, the landowner, the Zoning Officer, such other persons as the Zoning Hearing Board shall designate, and any person who has made timely request from the same. Notices shall be given at such time and in such manner prescribed by adopted Rules of the Zoning Hearing Board. 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Township Supervisors may establish reasonable fees for the holding of such hearings. Fees may include compensation for the Secretary and members of the Zoning Hearing Board, notices and advertising costs, and necessary administrative overhead connected with the hearing. The costs shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants, or expert witness costs.
C.
The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.
D.
The hearing shall be conducted by the Board or the Board may appoint any member 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 officer, waive the decision or findings by the Board and accept the decision or findings of the hearing officer as final.
E.
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, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
F.
The Chairperson or Acting Chairperson of the Board or the hearing officer presiding 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.
G.
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 to cross-examine adverse witnesses on all relevant issues.
H.
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
J.
The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board 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.
K.
Decision.
(1)
The Board or the hearing officer, as the case may be, shall render written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this act 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.
(2)
If the hearing is conducted by a hearing officer and there has been no stipulation that his or her decision or findings are final, the Board shall make the hearing officer's report and recommendations available to the parties within 45 days. 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.
(3)
Where the Board fails to render the decision within the period required by this section or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, 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 to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in § 150-140A. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
L.
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 or her not 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.
§ 150-141 Jurisdiction.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in the following matters, as set forth in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.[1]
B.
Challenges to the validity of a zoning ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after effective date of said ordinance.
C.
Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act of the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure, or lot.
F.
Appeals from the determination of any officer or agency charged with the administration of any performance density provisions of the Zoning Ordinance.
H.
Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Article V and VII of Act 247 of 1968, as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 150-142 Variances.
The Zoning Hearing Board shall hear requests for variances where it is alleged that the provision of the Zoning Ordinance inflicts unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case.
A.
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape; exceptional topography; or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located.
B.
That because of such physical circumstances or conditions, there is not possibility that the property can be developed in strict conformity with the provision of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C.
That such unnecessary hardship has not been created by the applicant.
D.
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, will not substantially or permanently impair the appropriate use of development of adjacent property, and will not be detrimental to the public welfare.
E.
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended,[1] and the Zoning Ordinance of the Township of Hamilton.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 150-143 Parties appellant before Zoning Hearing Board.
Appeals under Section 909.1(a)(1), (2), (3), (4), (7) and (9) of Act 247 of 1968, as amended,[1] may be filed with the Board in writing by the landowner affected, any officer or agencies of the Township, or any person aggrieved. Requests for a variance under Section 910.2 of Act 247 of 1968, as amended, and for special exception under Section 912.1 of Act 247 of 1968, as amended,[2] may be filed with the Board by any landowner or any tenants with the permission of such landowner.
§ 150-144 Time limitations.
A.
No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by the Township if such proceeding is designed to secure reversal or limit the approval in any manner unless such person alleges and proves that he or she failed to receive adequate notice of such approval. If such person has succeeded to his or her interest after such approval, adequate notice to his or her predecessor in interest shall be deemed adequate notice to him or her. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan or from an adverse decision by the Zoning Officer on a challenge to the validity of this chapter or an amendment thereto shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.
B.
All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.
C.
Unless otherwise specified or extended by the Zoning Hearing Board, a variance or special exception authorized by the Board shall become null and void if the applicant fails to obtain and maintain a zoning permit, as set forth in § 150-130 of this chapter, within 12 months from the date of authorization of the variance or special exception.
D.
Unless otherwise specified or extended by the Hamilton Township Board of Supervisors, a conditional use authorized by the Supervisors shall become null and void if the applicant fails to obtain and maintain a zoning permit, as set forth in § 150-130 of this chapter, within 12 months from the date of authorization of the conditional use.
§ 150-145 Stay of proceedings.
Upon filing of any appeal proceeding before the Zoning Hearing Board and during its pendency before the Zoning Hearing Board, all land development pursuant to any challenged ordinance, order, or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Hearing Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Zoning Hearing Board by persons other than the applicant, the applicant may petition to the court having jurisdiction of zoning appeals to order such person to post bond as condition to continuing the proceedings before the Board in accordance with Section 915.1 of Act 247 of 1968, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10915.1.