Lower Windsor Township
City Zoning Code
City Zoning Code
ARTICLE IX
Administration and Enactment
§ 470-152 Permits.
A.
Zoning permits.
(1)
) The requirements set forth in this article and elsewhere in this chapter, in addition to those under Chapter 180, Construction Codes, and Chapter. 235, Floodplain Management, must be complied with to obtain a zoning permit from the Zoning Officer for the erection, construction, reconstruction, enlargement, alteration, moving, demolition or change of use of a structure or land before such new structure or use or change of use is occupied or established except for the following:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
Completely detached accessory building less than 200 square feet in gross floor area, except in the floodplain.
(b)
Alterations when there is no increase in gross floor exterior dimension, no structural change, and no change in use, including new facing, replacement siding, replacement gutters/downspouts, etc.
(c)
General maintenance work.
(d)
Painting and finishes.
(e)
Crops, gardening, except in the floodplain..
(f)
Landscaping and ornamental fountains (including incidental structures such as flagpoles, birdhouses, ornamental windmills, etc.), except within the floodplain.
(g)
Constructing fences (under six feet high), terraced hillside/landscaping improvements, steps, noncommercial TV antennas or other similar features, as well as residential signs, except within the floodplain.
(h)
Surfacing or resurfacing existing driveways, parking areas, etc., unless the stone or paving is expanded and/or relocated.
(2)
Work on the proposed construction and/or development shall begin within six months and shall be completed within 12 months after the date of issuance of the zoning/building permit or the permit shall expire unless a time extension is granted, in writing, by the Zoning Officer. Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Zoning Officer to approve such a request. The permit application must be accompanied by a site plan including, but not limited to the following information, as necessary to demonstrate conformity to this chapter:
(a)
Lot. The location and dimensions of the lot.
(b)
Streets. Names and widths of abutting streets and highways.
(c)
Structures and yards. Locations, dimensions, and uses of existing and proposed structures and yards on the lot and, as practical, of any existing structures within 100 feet of the proposed structure but off the lot.
(d)
Wells and septic systems. Locations of existing on-site water wells and septic systems on the lot and, if served by such facilities.
(e)
Improvements. Proposed off-street parking and loading areas, access drives, and walks. Proposed sewage disposal system.
(3)
The North point must be shown on all site plans.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
The applications for a zoning/building permit must include a statement of the intended use and any existing use of the structure or land. The permit continues in effect as long as the use of the structure or land for which it is granted conforms with this chapter.
B.
Use and occupancy certificates. A use and occupancy certificate, certifying compliance with this chapter must be obtained from the Zoning Officer for any new structure as stated below or for any change of use of a structure or land as set forth below before such new structure or use or change of use is occupied or established:
(1)
Use of a structure erected, structurally altered or extended, or moved after effective date of this chapter.
(2)
Any change in a conforming use of a structure or land.
(3)
Any change from a nonconforming use of a structure or land to a conforming use.
(4)
Any change in the use of a structure or land from that permitted by any variance of the Zoning Hearing Board. The applications for a use and occupancy certificate must include a statement of the intended use and any existing use of the structure or land. The certificate continues in effect as long as the use of the structure or land for which it is granted conforms to this chapter.
§ 470-153 Enforcement; Zoning Officer.
A.
Appointment and powers. For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Township, shall be appointed by the Board of Supervisors. The Zoning Officer shall meet qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning. The Zoning Officer shall administer this chapter 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 this chapter. The Zoning Officer is the Enforcement Officer for this chapter. The Zoning Officer issues all zoning/building permits, use and occupancy certificates, and at direction of the Zoning Hearing Board, special exceptions and variances. The Zoning Officer shall identify and register nonconforming uses and nonconforming structures together with the reasons why they were identified as nonconformities. The Zoning Officer may conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter with consent of the owner.
C.
Transmittal of papers. Upon receipt of an application for a special exception, variance, or a notice of appeal, the Zoning Officer must transmit to the Secretary of the Zoning Hearing Board and to the Township Planning Commission, copies of all papers constituting the record upon the special exception, variance, or appeal.
D.
Action on zoning/building permits. Within 10 business days, except for holidays, after receipt of an application for a zoning/building permit, the Zoning Officer must grant or refuse the permit. If the application conforms to the applicable requirements of the Building Permit Ordinance[1] and this chapter, the Zoning Officer must grant a permit. If the permit is not granted, the Zoning Officer must state in writing the grounds of refusal.
E.
Action on use and occupancy certificates. Within 10 days, except for holidays, after receipt of an application for a use and occupancy certificate, and upon receipt of all other applicable approvals, the Zoning Officer must issue or deny the certificate. If the application and intended use conform to the applicable requirements of the Building Permit Ordinance[2] and this chapter, the Zoning Officer must grant a certificate. If the certificate is not granted, the Zoning Officer must state in writing the reasons for the denial.
F.
Revoking permits/approvals. The Zoning Officer shall revoke a permit or approval issued under the provisions of this chapter in the case of any false statement or misrepresentation of a fact in an application or on the plans on which the permit or approval was based. Any permit issued in error shall in no case be construed as waiving any provision of this chapter and such permit may be revoked.
G.
Enforcement. Upon determining that a violation of any of the provisions of this chapter exists, the Zoning Officer must send an enforcement notice 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. 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 the chapter.
(4)
The date before which the steps for compliance must be commenced (within 15 days of issuance of notice) and the date before which the steps must be completed (within 45 days of issuance of notice).
H.
Records.
(1)
The Zoning Officer must keep record of:
(a)
All applications for zoning/building permits, use and occupancy certificates, special exceptions and variances and all actions taken on them, together with any conditions imposed by the Zoning Hearing Board.
(b)
All complaints of violations of provisions of this chapter and the action taken on them.
(c)
All plans submitted.
(d)
Nonconforming uses and nonconforming structures.
(2)
All such records and plans shall be available for public inspection.
§ 470-154 Amendments.
A.
The Board of Supervisors may from time to time amend, supplement or repeal any of the regulations and provisions of this chapter.
B.
Public hearing(s). Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice, and pursuant to mailed notice and electronic notice if applicable per 53 P.S. § 10109. In the case of an amendment other than that prepared by the Planning Commission, the Board of Supervisors shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations. 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 Board of Supervisors shall hold another public hearing, pursuant to public notice, and mailed notice and electronic notice, if applicable, before proceeding to vote on the amendment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
County Planning Commission review. At least 30 days prior to the hearing on any amendment by the Board of Supervisors, the Township shall submit the proposed amendment to the County Planning Commission for recommendations.
D.
Amendments involving Zoning Map changes. If the proposed amendment involves a Zoning Map change, notice of the required public hearing shall be conspicuously posted by the Township at points deemed sufficient by the municipality along the tract to notify potentially interested citizens. The affected parcel or area shall be posted at least one week prior to the date of the hearing. In addition to the requirement that notice be posted, notice of the public hearing shall be mailed by the Township at least 30 days prior to the date of the hearing by first class mail to the addresses to which real estate tax bills are sent for all real estate property located within the area being rezoned. The notice shall include the location, date and time of the public hearing.
E.
Enactment of amendments.
(1)
Proposed 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 amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Board of Supervisors shall publish the proposed amendment once in one newspaper of general circulation in the Township not more than 60 days or less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Township Solicitor and setting forth all the provisions in reasonable detail. If the full text is not advertised, then:
(a)
A copy thereof shall be supplied to the newspaper in general circulation in the Township at the time the public notice is published; and
(b)
An attested copy of the proposed ordinance shall be filed in the County Law Library or other county offices designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing the ordinance.
(2)
In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Board of Supervisors shall, at least 10 days prior to enactment, re-advertise 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 amendments.
(3)
Within 30 days after enactment of any amendment to the Zoning Ordinance, a copy of the amendment shall be forwarded to the County Planning Commission.
F.
Landowner curative amendments. A landowner who desires to challenge on substantive grounds the validity of an ordinance or 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 with a written request that his challenge and proposed amendment be heard and decided as provided in Sections 609.1 and 916.1 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1, respectively.
G.
Municipal curative amendments. If the Township determines that its Zoning Ordinance or any portion thereof is substantially invalid, the Township shall declare by formal action, its Zoning Ordinance or portions thereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity as provided for and in accordance with the procedures set forth in Section 609.2 of the Pennsylvania Municipalities Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10609.2.
§ 470-155 Fees.
The Board of Supervisors shall by resolution establish fees for all applications, permits or appeals provided for by this chapter to defray the costs of advertising, mailing notices, processing, inspecting, and copying applications, permits, and use certificates. The fee schedule shall be available at the Township Office for inspection.
§ 470-156 Appeals.
Any person aggrieved or affected by provision of this chapter or decision of the Zoning Officer, Township Engineer, Zoning Hearing Board or Board of Supervisors may appeal in the manner set forth in either Article IX or X-A of the Pennsylvania Municipalities Planning Code,[1] as amended, whichever is applicable.
[1]
Editor's Note: See 53 P.S. § 10901 et seq. and § 11001-a et seq.
§ 470-157 Repealer.
All Township ordinances or parts thereof in conflict with this Zoning Ordinance or inconsistent with the provisions of this chapter are hereby repealed to the extent necessary to give this chapter full force and effect.
§ 470-158 Interpretation.
The provisions of this chapter shall be held to be minimum requirements to meet the purposes of this chapter. When provisions of this chapter impose greater restrictions than those of any statute, other ordinance, or regulations, the provisions of this chapter shall prevail. When provisions of any statute, other ordinance or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance or regulation shall prevail.
§ 470-159 Causes of action.
A.
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 Board of Supervisors or, with approval of the Board of Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, may institute any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure 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 Board of Supervisors.
B.
At least 30 days prior to the time the action is begun by serving a copy of the complaint on the Township. No such action may be maintained until such notice has been given.
§ 470-160 Enforcement remedies; violations and penalties.
A.
Any person, partnership or corporation who or which has violated or permitted the violation of the provision 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 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, 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 Magisterial District Judge 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 not such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation.
B.
All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township.
§ 470-161 Severability.
If any section, clause, provision or portion of this chapter shall be held invalid or unconstitutional by a recognized court of the commonwealth, such decision shall not affect the legality of the remaining sections, clauses, provisions or portions of this chapter.
§ 470-162 When effective.
This chapter shall take effect immediately upon adoption and publication according to law.