The Township Council may from time to time amend, supplement, change, modify or repeal this Chapter including the Zoning Map. When doing so, the Township Council shall proceed in the manner prescribed in this Part.

(Ord. 45, Z-§ 1500, 5/12/76)

Proposals for amendment, supplement, change, modification or repeal may be initiated by the Township Council on its own motion, by the Planning Commission or by petition of one or more owners of property to be affected by the proposed amendment, subject to the following provisions:

   1.   Proposals Originated by the Township Council. The Township Council shall refer every proposed amendment, supplement, change, modification, or repeal originated by the Board to the Township Planning Commission and the County Planning Commission at least 30 days prior to the hearing to provide the Commissions an opportunity to submit recommendations. The recommendations of either or both Planning Commissions shall be submitted in writing to the Council. [Ord. 543]

   2.   Proposals Originated by the Township Planning Commission. The Township Planning Commission may at any time transmit to the Township Council any proposal for amendment, supplement, change, modification, or repeal of this Chapter. The procedures with regard to County Planning Commission review and recommendations shall be as required in § 27-1501(1) above. [Ord. 543]

   3.   Proposals Originated by a Citizen’s Petition. Each petition by one or more owners of property to be affected by a proposal for amendment, supplement, change, or modification shall be signed and acknowledged and submitted in writing to the Township Clerk. The procedures with regard to Township Planning Commission and County Planning Commission review and recommendation shall be as required in § 27-1501(1) above. [Ord. 543]

   4.   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 Township Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment. (Ord. 269)

   5.   Within 30 days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the County Planning Commission. (Ord. 269)

   6.   Any general challenges or appeals to this Zoning Chapter shall be made in accordance with the provisions of Articles IX and X-A of Act. No. 247 of the Pennsylvania General Assembly of 1968, effective January 1, 1969, and amendments and supplements thereto, known as the Pennsylvania Municipali ties Planning Code. All provisions thereof and procedures thereunder are hereby incorporated by reference. (Ord. 269)

   7.   The Township’s costs for processing a proposal originated by a citizen’s petition shall be paid by the Petitioner, regardless of whether the amendment proposed is denied, adopted or adopted in modified form. The Township costs shall include expenses paid for advertising, court reporters and the services of engineers, attorneys or other professionals. For the payment of costs, Petitioner shall provide a cash escrow of $2,000 which shall be replenished within 30 days if it falls below $500. Petitioner shall be provided copies of all invoices subject to reimbursement. If Petitioner fails to replenish the escrow within the time as required, the petition shall automatically be deemed withdrawn. [Ord. 543]

(Ord. 45, Z-§ 1501, 5/12/76; as amended by Ord. 269, 10/16/1991, § 14; and by Ord. 543, 2/6/2013)

   1.   Publication, Advertisement, Mailing and Availability of Ordinances. (Ord. 451)

      A.   Proposed zoning ordinances and amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this Section and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Township where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Township shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the municipality not more than 60 days not less than 7 days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and brief summary, prepared by the Township attorney and setting forth all the provisions in reasonable detail. If the full text is not included:

         (1)   A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time public notice is published.

         (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.

      B.   In the event substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment, the Township shall, at least 10 days prior to enactment, readvertise, in one newspaper of general circulation in the Township, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amend ments.

(Ord. 269)

   2.   When such hearing concerns a zoning map change, notice of said public hearing shall be conspicuously posted by the zoning officer at points deemed sufficient by the zoning officer along the parameter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least 1 week prior to the date of the hearing. (Ord. 269)

   3.   When such hearing concerns a zoning map change, notice of said public hearing shall be mailed via first class mail to all affected property owners at least 30 days prior to the date of the hearing. This clause shall not apply when the rezoning constitutes a comprehensive rezoning. (Ord. 451)

   4.   If a proposed amendment affects any land within 500 feet of an adjoining municipality, notice of the hearing and a copy of the proposal shall be forwarded to the secretary of that municipality at least 15 days prior to the hearing.

(Ord. 45, Z-§ 1502, 5/12/76; as amended by Ord. 269, 10/16/1991, § 15; and by Ord. 451, 10/20/2004, § 10)

The vote on the amendment or change by the Township Council shall be within 90 days after the last public hearing. A decision shall not be made by the Township Council until County Planning Commission and Township Planning Commission recommendations have been received unless the Planning Commission have not responded within the time provided prior to the public hearing.

(Ord. 45, Z-§ 1503, 5/12/76; as amended by Ord. 269, 10/16/1991, § 16)

   1.   If it appears to the zoning officer that a violation of this Chapter has occurred, the zoning officer shall initiate enforcement proceedings by sending an enforcement notice as provided in this Section.

   2.   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.

   3.   An enforcement notice shall state at least the following:

      A.   The name on the owner of record and any other person against whom the zoning officer 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 ordinance.

      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 a accordance with procedures set forth in the ordinance.

      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.

(Ord. 269, 10/16/1991, § 17)

In case any building or structure landscaping or land is erected, constructed, reconstructed, altered, repaired, converted, maintained or used in violation of this Chapter, the Township Council or the Zoning Officer, with the approval of the 'Township Council may institute in the name of the Township, any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct, or abate such violation; to prevent the occupancy of said building, structure, or land or to prevent any illegal act, conduct, business, or use in or about such premises. The rights and remedies provided in this Chapter are cumulative and are in addition to all other remedies provided by law.

(OS. 45, Z-§ 1504, 5/12/76; as amended by Ord. 269, 10/16/1991, § 18)

   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 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 district justice.

   2.   If the defendant neither pay not timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.

   3.   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 the person, partnership or corporation violating the ordinance 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.

   4.   All judgments, costs and reasonable attorney fees collected for the violation of zoning ordinances shall be paid over to the Township.

   5.   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.

(Ord. 45, Z-§ 1505, 5/12/76; as amended by Ord. 269, 10/16/1991, § 19)

Whenever a violation of this Chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Zoning Officer who shall properly record such complaint and immediately investigate and report thereon to the Township Council.

(Ord. 45, Z-§ 1506, 5/12/76)

The existing Zoning Chapter entitled "The Hanover Township Zoning Ordinance of 1963," and all supplements and amendments thereto, are hereby repealed, provided, however, if the present Chapter is held to be ineffective or invalid by reason of some irregularity in or impediment to its passage, this repealer shall also be ineffective as aforesaid. Then and in that event, the Zoning ordinance of 1963, together with its supplements and amendments, would necessarily remain in full force and effect.

This Chapter does not repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or impliedly repealed by this Ordinance, or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto.

(Ord. 45, Z-§ 1507, 5/12/76)