Lehigh Township Northampton County
City Zoning Code
City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 180-124 Enforcement; violations and penalties.
A.
Zoning Officer.
(1)
Appointment. The provisions of this chapter shall be enforced by an agent, to be appointed by the Board of Supervisors, who shall be known as the "Zoning Officer." He/she shall receive such fees or compensation as the Board of Supervisors may, by resolution, provide. The Zoning Officer shall not hold any elective office within the Township. The Zoning Officer may designate an employee of the Township as his assistant, subject to the approval of the Board of Supervisors. Such assistant shall exercise all the powers of the Zoning Officer during the temporary absence or disability of the Zoning Officer.
(2)
Duties.
(a)
The duties of the Zoning Officer shall be to:
[1]
Receive, examine, and process all applications and permits as provided by the terms of this chapter. The Zoning Officer shall also issue zoning permits for special exception and conditional uses and for variances after the same have been approved;
[2]
Record and file all applications for zoning permits or certificates of use and occupancy, and accompanying plans and documents, and keep them for public record;
[3]
Inspect properties to determine compliance with all provisions of this chapter, as well as conditions attached to the approval of variances, special exceptions, conditional uses, and curative amendments;
[4]
Inspect nonconforming uses, structures, and lots and to keep a filed record of such nonconforming uses, structures, and lots, together with the reasons why the Zoning Officer identified them as nonconformities, as a public record and to examine them periodically, with the view of eliminating the nonconforming uses under the existing laws and regulations;
[5]
Upon request of the Board of Supervisors or Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests to assist such bodies in reaching their decisions;
[6]
Be responsible for keeping this chapter and the Official Zoning Map up-to-date, including any amendments thereto;
[7]
Render a preliminary opinion regarding a proposed land use in accordance with § 916.2 of the Act;
[8]
Revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in this chapter or otherwise permitted by law; and
[9]
Perform such other duties related to administration of this chapter or other Township ordinances and resolutions as may from time to time be ordered by the Board of Supervisors.
(b)
Upon the approval by the Zoning Hearing Board of a special exception, or upon the approval of a conditional use by the Board of Supervisors for development located within any floodplain, as identified in Chapter 83, Floodplain Management, written notice of the approval shall be sent by registered mail from the Zoning Officer to the Commonwealth of Pennsylvania Department of Community and Economic Development.
(c)
To remain eligible for the National Flood Insurance Program, the Zoning Officer shall submit a biannual report to the Federal Insurance Administration concerning the status of the program in the Township (the report form shall be provided by the Federal Insurance Administration).
B.
Enforcement. This chapter shall be enforced by the Zoning Officer of the Township. No zoning permit or certificate of use and occupancy shall be granted by him/her for any purpose except in compliance with the literal provisions of this chapter. The Zoning Officer may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within his/her scope of employment.
C.
Violations.
(1)
Failure to secure a zoning permit prior to a change in use of land or structure, or the erection, construction, or alteration of any structure or portion thereof, shall be a violation of this chapter. It shall also be a violation of this chapter to undertake other deliberate actions which are contrary to the terms of this chapter and any conditions placed upon the approval of special exceptions, variances, and conditional uses. Each day that a violation is continued shall constitute a separate offense.
(2)
If it appears to the Township that a violation of this chapter enacted under the Act or prior enabling laws has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in the following:
(a)
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.
(b)
An enforcement notice shall state at least the following:
[1]
The name of the owner of record and any other person against whom the Township intends to take action;
[2]
The location of the property in violation;
[3]
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter;
[4]
The date before which the steps for compliance must be commenced and the date before which the steps must be completed;
[5]
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within the prescribed period of time and in accordance with procedures set forth in this chapter; and
[6]
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.
D.
Enforcement remedies. Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this chapter, enacted under the Act or prior enabling laws, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied, or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor appeals the judgment in a timely fashion, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the 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 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 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 of this chapter shall be paid over to the Township.
E.
Causes of action. In case any building, structure, landscaping, or land is, or is proposed to be, erected, constructed, reconstructed, altered, repaired, converted, maintained, or used in violation of this chapter, enacted under the Act or prior enabling laws, the governing body or, with the approval of the governing body, an officer of the municipality, or any aggrieved owner or tenant of real property who shows that his 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 the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint to the governing body of the Township. No such action may be maintained until such notice has been given.
§ 180-125 Permits.
A.
General requirements for zoning permits.
(1)
A zoning permit shall be required prior to a change in use of land or structure, or the erection, construction, improvement, or alteration of any structure or portion thereof, or the alteration or development of any improved or unimproved real property, including but not limited to mining, dredging, grading, paving, excavation or drilling operations or the erection or alteration of any signs specified by § 180-38 of this chapter. No zoning permit shall be required for repairs or maintenance of any structure or land, provided that such repairs do not change the use or the exterior dimensions of the structure or otherwise violate the provisions of this chapter.
(2)
Application for zoning permits shall be made in writing to the Zoning Officer.
(3)
Such zoning permits shall be granted or refused within 90 days from the date of application.
(5)
In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a proposed use to meet all of the above-directed requirements, it will be incumbent upon the applicant to furnish adequate evidence in support of his application. If such evidence is not presented or is not adequate, the zoning permit will be denied.
(6)
Application for a zoning permit shall be made by the owner or lessee of any building or structure, or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, it shall be accompanied by a written authorization of the owner or the qualified person making an application that the proposed work is authorized by this owner. The full names and addresses of the owner, lessee, and applicant and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.
(7)
The Zoning Officer may call upon other Township staff and/or Township-appointed consultants in the review of submitted materials for applications.
(8)
The Zoning Officer may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in this chapter.
(9)
Where a permit is required by this chapter but the work is commenced or the use is commenced or changed prior to obtaining such permit, the fees set by ordinance or resolution of the Township Board of Supervisors for such permit shall be doubled. The doubling of the permit fee shall be required to reflect the additional expense incurred by the Township resulting from the need to inspect the property, respond to any complaint, issue any enforcement notices and/or process the application as soon as it is received. The payment of such increased permit fee shall not relieve any person from complying with all requirements of this chapter, or any other applicable Township ordinances, or from any penalties or enforcement actions authorized by this chapter or the Act.
(10)
Issuance of permits. 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 local laws, he/she shall reject such application in writing, stating the reasons therefor. He/she shall inform the applicant of the applicant's right to appeal to the Zoning Hearing Board in the event that the application is rejected. If satisfied that the proposed work and/or use conforms to the provisions of this chapter and all laws and ordinances applicable thereto, and that the certificate of use and occupancy as required herein has been applied for, he/she shall issue a permit therefor as soon as practical, but not later than 90 days from receipt of the application.
(11)
Reconsideration of application. An applicant whose request for a zoning permit has been denied by the Zoning Officer may make a later application for a permit, provided that all deficiencies which were the basis for the prior denial of the permit have been eliminated. The Zoning Officer shall not be required to make a new inspection of the application if this condition is not met.
(12)
Expiration of permit. The permit shall expire after one year from the date of issuance; provided, however, that the same may be extended every six months for a period not to exceed an additional two years upon written request by the applicant which demonstrates good cause to the Zoning Officer. The fee for each such extension shall be 1/2 of the fee for issuance of the original permit.
(13)
Compliance with chapter. The permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel, or set aside any of the provisions of this chapter, except as stipulated by the Zoning Hearing Board.
(14)
Compliance with permit and plot plan. All work and uses shall conform to the approved application and plans for which the permit has been issued as well as the approved plot plan.
(15)
Display of zoning permit. All approved zoning permits shall be prominently displayed on the subject property during construction, renovation, reconstruction, repair, remodeling, or the conduct of other site improvements. Such permit displays shall occur within five days of permit issuance or prior to the commencement of actual work on the site, whichever occurs first. Such permit displays shall be continuous until the site receives its certificate of use and occupancy.
(16)
Temporary use permits. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this chapter. If such uses are of such a nature and are so located that, at the time of petition for special exception, they will in no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone, or they will contribute materially to the welfare of the Township, particularly in a state of emergency, under conditions peculiar to the time and place involved, then the Board of Supervisors may direct the Zoning Officer to issue a permit for a period not to exceed six months. Such permits may be extended not more than once for an additional period of six months.
B.
Application for all zoning permits.
(1)
Applications shall contain a general description of the proposed work, development, use, or occupancy of all parts of the structure or land and shall be accompanied by plans, in duplicate, and showing the following:
(a)
Actual dimensions and shape of the lot to be developed;
(b)
Exact location and dimensions of any structures to be erected, constructed, or altered;
(c)
Existing and proposed uses, including the number of occupied units, businesses, etc., all structures are designed to accommodate;
(d)
Off-street parking and loading spaces;
(e)
Alteration or development of any improved or unimproved real estate;
(f)
The size of structures and the number of employees anticipated;
(g)
All other lawful information that may be required by the Zoning Officer to determine compliance with this chapter; and
(h)
Copies of all applicable approved subdivision or land development plans.
(2)
If the proposed development, excavation, or construction is located within a floodplain, the following information is specifically required to accompany all applications. This information shall be prepared and sealed by an appropriately licensed professional:
(a)
The accurate location and elevation of the floodplain and floodway;
(b)
The elevation, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), of the lowest floor, including basements;
(c)
The elevation, in relation to the NGVD, to which all structures and utilities will be floodproofed or elevated;
(d)
Where floodproofing is proposed to be utilized for a particular structure, the zoning permit application shall be accompanied by a document certified by a licensed professional engineer registered by the Commonwealth of Pennsylvania, or a licensed professional architect registered by the Commonwealth of Pennsylvania, certifying that the floodproofing methods used meet the standards and provisions for floodproofing class W-1 or W-2, as contained in Floodproofing Regulations published by the office of the Chief of Engineers, United States Army, publication EP 1165 2 314 (June 1972 and as subsequently amended). Where reference is made within Floodproofing Regulations to the regulatory flood datum (RFD), it shall be interpreted to mean the one-hundred-year flood elevation; and
C.
Application for zoning permits for uses in all commercial and industrial zones. In addition to those items required by Subsection B of this section, the following shall also be submitted:
(1)
A location plan showing the tract to be developed, zone boundaries, adjoining tracts, significant natural features, and streets and alleys for a distance of 200 feet from all tract boundaries;
(2)
A plot plan of the lot showing the location of all existing and proposed buildings, driveways, parking lots showing access drives and circulation patterns, curb-cut accesses, parking stall access from streets, screening fences, walls and landscaping, waste disposal fields or other methods of sewage disposal, other construction features on the lot, and the location of all topographical features;
(3)
A description of the operations proposed, in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation;
(4)
Evidence that the disposal of materials and wastes will be accomplished in a manner that complies with commonwealth and/or federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within Northampton County which have been contracted to dispose of materials used and wastes generated on site. The zoning permit shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the use change in the future such that the materials used or wastes generated change significantly, either in type or amount, the owner shall so inform the Zoning Officer and shall provide additional evidence demonstrating compliance with the requirements of this section;
(5)
Engineering plans for the handling of traffic, noise, glare, air pollution, water pollution, vibration, fire hazards, or safety hazards, smoke or emission of any potentially harmful or obnoxious matter or radiation;
(6)
Designation of the manner by which sanitary sewage and stormwater shall be disposed of and water supply attained;
(7)
The proposed number of shifts to be worked and the maximum number of employees on each shift; and
(8)
Where use by more than one firm is anticipated, a list of firms which are likely to be located in the center, their floor area, and estimated number of employees.
D.
Certificate of use and occupancy.
(1)
It shall be unlawful to use and/or occupy any structure, building, sign, and/or land or portion thereof for which a zoning permit is required herein until a certificate of use and occupancy for such structure, building, sign and/or land or portion thereof has been issued by the Zoning Officer. The application for issuance of a certificate of use and occupancy shall be made at the same time an application for a zoning permit is filed with the Zoning Officer as required herein.
(2)
The application for a certificate of use and occupancy shall be in such form as the Zoning Officer may prescribe and may be made on the same application as is required for a zoning permit.
(3)
The application shall contain the intended use and/or occupancy of any structure, building, sign, and/or land or portion thereof for which a zoning permit is required herein.
(4)
The Zoning Officer shall inspect any structure, building or sign within 10 days of notification that the proposed work that was listed on the zoning permit has been completed. If satisfied that the work is in conformity and compliance with the work listed in the issued permit and all other pertinent laws, he shall issue a certificate of use and occupancy for the intended use listed on the original application.
(5)
The certificate of use and occupancy, or a true copy thereof, shall be kept available for official inspection at all times.
(6)
Upon request of a holder of a zoning permit, the Zoning Officer may issue a temporary certificate of use and occupancy for a structure, building, sign and/or land or a portion thereof before the entire work covered by the permit shall have been completed, provided that such portion or portions may be used and/or occupied safely prior to full completion of the work without endangering life or public welfare. The Zoning Officer shall also issue a temporary certificate of use and occupancy for such temporary uses as tents, use of land for religious or other public or semipublic purposes and similar temporary use and/or occupancy. Such temporary certificates shall be for the period of time to be determined by the Zoning Officer, however, in no case for a period in excess of six months.
(7)
A certificate of use and occupancy shall not be issued for structures and buildings located in subdivisions requiring improvement guaranties until the structure or building abuts either a roadway which has been accepted by the Township for dedication or abuts upon a street which has been paved with a binder course or asphaltic base course.
(8)
In commercial and industrial zones in which operation standards are imposed, no certificate of use and occupancy shall become permanent until 30 days after the facilities are fully operational when, upon a reinspection by the Zoning Officer, it is determined that the facilities are in compliance with all operational standards.
§ 180-126 Fees.
The Board of Supervisors may, by resolution, establish fees for the administration of this chapter. All fees shall be determined by a schedule that is made available to the general public. The Board of Supervisors may re-evaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this chapter and may be adopted at any public meeting of the Board of Supervisors.
§ 180-127 Amendments.
A.
Power of amendment. The Board of Supervisors may, from time to time, amend, supplement, change, or repeal this chapter, including the Official Zoning Map. Any amendment, supplement, change or repeal may be initiated by the Township Planning Commission or the Board of Supervisors.
B.
Hearing and enactment procedures for zoning amendments. The procedural requirements of § 609 of the Act shall apply to all amendments.
C.
Curative amendment by a landowner. A landowner who desires to challenge on substantive grounds the validity of this chapter or the Official Zoning Map, or any provision thereof 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 (including all of the reasons supporting the request to be considered) with a written request that his challenge and proposed amendment be heard and decided as provided in §§ 609.1 and 916.1 of the Act, as amended. The Board of Supervisors shall commence the first hearing within 60 days of the request, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant. Any party aggrieved by the schedule or process of the hearings may apply to the Court of Common Pleas for judicial relief. In no case shall a hearing be held later than 100 days after receipt of an applicant's request. The curative amendment shall be referred to the Township Planning Commission and the Lehigh Valley Planning Commission as provided for in § 609.1 of the Act, and public notice of the hearing shall be provided as defined herein.
(1)
In reviewing the curative amendment, the Board of Supervisors may deny the request, accept the request as submitted, or may adopt an alternative amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative amendments, plans, and explanatory material submitted by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water supplies, schools, and other public service facilities;
(b)
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map;
(c)
The suitability of the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources, and other natural features for the intensity of the proposed use;
(d)
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development, and any adverse environmental impact; and
(e)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(2)
The Board of Supervisors shall render its decision within 45 days after the conclusion of the last hearing. Should the Board of Supervisors fail to act on the landowner's request within this time limit, a denial of the request is deemed to have occurred on the 46th day after the close of the final hearing.
(3)
Public notice of the hearing shall include notice that the validity of the ordinance or Zoning Map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material, or proposed amendment, may be examined by the public.
(4)
The challenge shall be deemed denied when:
(a)
The Board of Supervisors fails to commence or complete the hearing within 60 days of the request;
(b)
The Board of Supervisors notifies the landowner that it will not adopt the curative amendment;
(c)
The Board of Supervisors adopts another curative amendment which is unacceptable to the landowner; or
(d)
The Board of Supervisors fails to act on the request within 45 days after the close of the last hearing on the request, unless the time is extended by mutual consent of the landowner and the Township.
(5)
Where, after the effective date of the Act, a curative amendment is approved by the grant of a curative amendment application by the Board of Supervisors pursuant to this section, or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 180-119A or B, or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary approval for a subdivision or land development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision, or other governing ordinance or plans shall be applied in any manner which adversely affects the right of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary plan, the provisions of § 508(4) of the Act shall apply.
(6)
Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further application under any subdivision or land development ordinance, the developer shall have one year within which to file for a zoning permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision, or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.
(7)
A landowner shall not submit any additional substantive challenges to the Board of Supervisors involving the same parcel, group of parcels or part thereof until such time as the status of the landowner's original challenge has been finally determined or withdrawn; provided, however, that if after the date of the landowner's original challenge the Board adopts a substantially new or different zoning ordinance or zoning map, the landowner may file a second substantive challenge to the new or different zoning ordinance or zoning map.
D.
Curative amendment by the Board of Supervisors.
(1)
The Board of Supervisors, by formal action, may declare this chapter or portions thereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the Board of Supervisors shall:
(2)
Within 180 days from the date of the declaration and proposal, the Board of Supervisors shall enact a curative amendment to validate or reaffirm the validity of this chapter, pursuant to the provisions required by § 609 of the Act, in order to cure the declared invalidity of the ordinance.
(3)
Upon the date of the declaration and proposal, the Board of Supervisors shall not be required to entertain or consider any curative amendments filed by a landowner, nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of this chapter under § 180-119A subsequent to the declaration and proposal, based upon grounds identical to or substantially similar to those specified in the resolution required by this Subsection D. Upon the enactment of a curative amendment to or reaffirmation of the validity of this chapter, no rights to cure by amendment or challenge shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended chapter for which the Board of Supervisors propose to prepare a curative amendment.
(4)
The Board of Supervisors, having utilized the procedures as set forth in this Subsection D, may not again utilize said procedures for a thirty-six-month period following the date of the enactment of a curative amendment or reaffirmation of the validity of this chapter; provided, however, that if after the date of the declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a decision by any court of competent jurisdiction, the Board of Supervisors may utilize the provisions of this Subsection D to prepare a curative amendment to this chapter to fulfill this duty or obligation.
E.
Authentication of Official Zoning Map. Whenever there has been a change in the boundary of a zone or a reclassification of the zones adopted in accordance with the above, the change on the Official Zoning Map shall be made and shall be duly certified by the Township Secretary/Treasurer and shall thereafter be refiled as part of the permanent records of the Township.
§ 180-128 Conditional uses.
A.
Advisory report. No application for a conditional use shall be granted by the Board of Supervisors until the Board of Supervisors has first received and considered an advisory report thereon from the Township Planning Commission with respect to the location of such use in relation to the needs and growth pattern of the Township and, where appropriate, with reference to the adequacy of the site area and arrangement of buildings, driveways, parking areas, off-street truck loading spaces, and other pertinent features of the site plan. The Planning Commission shall issue a report within 30 days after the first meeting held subsequent to the applicant's submission. The Planning Commission may have representation at the public hearing held by the Board of Supervisors on such application.
[Amended 8-27-2019 by Ord. No. 2019-6]
B.
Filing of conditional use application. For any use permitted by conditional use, a conditional use must be obtained from the Board of Supervisors. In addition to the information required to be shown on the zoning permit application, the conditional use application must show:
(1)
Floor plans and elevations of proposed structures;
(2)
Names and addresses of adjoining property owners, including properties directly across a public right-of-way;
(3)
A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter; and
(4)
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
C.
General criteria. Each applicant must demonstrate compliance with the following:
(1)
The proposed use shall be consistent with the purpose and intent of this chapter;
(2)
The proposed use shall not detract from the use and enjoyment of adjoining nearby properties;
(3)
The proposed use will not effect a change in the character of the subject property's neighborhood;
(4)
Adequate public facilities are available to serve the proposed use (e.g., schools; fire, police, and ambulance protection; sewer, water, and other utilities; vehicular access; etc.);
(5)
For development within a floodplain, the application complies with the requirements of Chapter 83, Floodplain Management;
(6)
The proposed use shall comply with those criteria specifically listed in Article V of this chapter; in addition, the proposed use must comply with all other applicable regulations of this chapter; and
(7)
The proposed use will not substantially impair the integrity of the Township's Comprehensive Plan.
(8)
In conformity with the spirit, purposes, intent, and all applicable requirements of this chapter;
[Added 3-13-2018 by Ord. No. 2018-3]
(9)
In conformity with all applicable provisions of other Township ordinances;
[Added 3-13-2018 by Ord. No. 2018-3]
(10)
In conformity with the Township Comprehensive Plan;
[Added 3-13-2018 by Ord. No. 2018-3]
(11)
In conformity with all applicable state and federal laws, regulations and requirements;
[Added 3-13-2018 by Ord. No. 2018-3]
(12)
Suitable for the particular location in question;
[Added 3-13-2018 by Ord. No. 2018-3]
(13)
Not detrimental to the public health or welfare; and
[Added 3-13-2018 by Ord. No. 2018-3]
(14)
Any industrial/commercial uses not permitted by right or special exception in the district shall be served by public water.
[Added 3-13-2018 by Ord. No. 2018-3]
D.
Conditions. The Board of Supervisors, in approving conditional use applications, may attach conditions considered by it to be necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this article.
E.
Site plan approval. Any site plan presented in support of the conditional use pursuant to Subsection A shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property, not reflected on the originally approved site plan, shall require another conditional use approval to be obtained.
F.
Hearing procedures.
(1)
Before voting on the approval of a conditional use, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. The hearing shall be conducted by the Board of Supervisors or the Board may appoint any member or an independent attorney as a hearing officer. The Board of Supervisors shall submit each such application to the Township Planning Commission at least 30 days prior to the hearing on such application to provide the Township Planning Commission an opportunity to submit recommendations. If, after any public hearing held upon an application, the proposed application is revised, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the application.
(2)
Public notice, as defined herein, shall be published and written notice given to the applicant, the Zoning Officer, the Township Planning Commission, and such other persons as the Board may designate and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board of Supervisors. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the scheduled date of the hearing.
(3)
The Board of Supervisors may prescribe reasonable fees with respect to hearings. Fees for said hearings may include compensation for the Secretary, notice and advertising costs, and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses, expenses for engineering, architectural, or other technical consultants, or expert witness costs.
(4)
The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board of Supervisors, and any other person, including civic or community organizations, permitted to appear by the Board of Supervisors. The Board of Supervisors shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board of Supervisors for that purpose.
(5)
The Chairman, or Acting Chairman, of the Board of Supervisors shall have power to administer oaths and issue subpoenas to compel attendance of witnesses and production of relevant documents and papers, including witnesses and documents requested by the parties.
(6)
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
(7)
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(8)
The Board of Supervisors may keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board of Supervisors. The cost of the original transcript shall be paid by the Board of Supervisors if the transcript is ordered by the Board of Supervisors or shall be paid by the person appealing the decision of the Board of Supervisors, 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.
(9)
The Board of Supervisors shall not communicate, directly or indirectly, with any party or his representative in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from its solicitor, unless the parties are afforded an opportunity to contest the material so noticed, and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
(10)
The Board of Supervisors shall commence the required hearing within 60 days from the date of the applicant's request for a hearing, unless the applicant has agreed in writing or on record to an extension of time. In such case, if the Board does not complete the required hearing within 100 days after receipt of an applicant's request, the decision shall be deemed to have been rendered in favor of the applicant.
G.
Time limitation.
(1)
If a conditional use is granted, the necessary permit shall be secured and the authorized action begun within two years after the date when the conditional use is finally granted, and the building or alterations, as the case may be, shall be completed within three years of said date. For good cause, the Board of Supervisors may at any time, upon application in writing, extend either of these deadlines.
(2)
Should the appellant or applicant fail to obtain the necessary permits within said two-year period or, having obtained the permit, should he fail to commence work thereunder within such two-year period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his application, and all approvals and permits granted to him shall be deemed automatically rescinded by the Board of Supervisors.
(3)
Should the appellant or applicant commence construction or alteration within said two-year period but should he fail to complete such construction or alteration within said three-year period, the Board of Supervisors may, upon 10 days' notice in writing, rescind or revoke the granted conditional use, if the Board of Supervisors finds that no good cause appears for the failure to complete the construction or alteration within said three-year period and if the Board of Supervisors further finds that conditions have so altered or changed in the interval since the granting of the conditional use that revocation of the action is justified.
(4)
As an alternative to the preceding, an applicant can request, as part of the original application before the Board of Supervisors, the granting of a timetable associated with the request, which would supersede the deadlines imposed in Subsection G(1) and (2). In so doing, the applicant or appellant must demonstrate that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this subsection, the Board of Supervisors must establish and bind a definite time frame for issuance of a zoning permit and completion of construction of the project.