Manchester Township York County
City Zoning Code
City Zoning Code
PART 16
ADMINISTRATION AND ENFORCEMENT
§ 27-1601 Zoning Permits.
[Ord. 1996-1, 1/23/1996, § 1600; as amended by Ord. 2005-12, 12/13/2005, § 1, Part 32]
1.
The Township may, at its option, issue combined or separate building permits and zoning permits and/or may utilize a single or separate applications for the permits. A zoning permit shall be required prior to starting or conducting any of the following activities:
2.
See also requirements of the Township Construction Codes, which require building and other permits. It shall be unlawful to commence construction of any building until a zoning permit and any other required Township permits have been issued.
3.
It shall be unlawful for any person to commence work for the erection or part thereof, for which a building permit is required, until a building permit has been duly issued therefore.
4.
The permit application must be accompanied by a site plan, showing as necessary to demonstrate conformity to this chapter:
A.
Lot. The location and dimensions of the lot to be built upon.
B.
Street. Names and widths of abutting streets and highways.
C.
Buildings, Structures, and Yards. Locations, dimensions and uses of existing and proposed buildings, structures and yards on the lot and, as practical, of any existing buildings or structures within 100 feet of the proposed building or structure but off the lot.
D.
Improvements. Proposed off-street parking and loading areas, access drives and walks; proposed sewage disposal system and proposed surface water drainage system.
E.
Families and Dwelling Unit. The number of families or dwelling units for which the building is designed.
F.
Other. Such other information as may be necessary to determine compliance with this chapter and all other pertinent ordinances.
§ 27-1602 Temporary Permits.
[Ord. 1996-1, 1/23/1996, § 1601; as amended by Ord. 2005-12, 12/13/2005, § 1, Part 33]
1.
A temporary permit must be obtained from the Zoning Hearing Board for a nonconforming structure or use which is or will be in the public interest. The Zoning Hearing Board may grant a temporary permit for a nonconforming structure or use, existing or new, which:
2.
A nonconforming structure or use approved under this section shall be removed immediately upon the expiration of the permit without cost to the Township. The temporary permit may be issued for a maximum period of up to three years, or a shorter time period stated on the permit, except as provided in Subsection 3 below.
3.
A temporary sales unit for a residential development may remain on the tract as long as dwellings on the tract are actively under construction. If a portable classroom would meet all requirements of this chapter, then a regular zoning permit without a time limit may be issued instead of a temporary permit.
§ 27-1603 New Structure or Changed Uses of a Structure or Land.
[Ord. 1996-1, 1/23/1996, § 1602]
1.
This section applies to any new structure or building as below or to any change of use of a structure or building or land as below:
A.
Use of a structure or building, erected, structurally altered or extended or moved after the effective date of this chapter.
B.
Use of vacant land except for agricultural purposes.
C.
Any change in a conforming use of a structure or building or land unless the change is to the same general type of conforming use.
D.
Any change from a nonconforming use of a structure or building or land to another nonconforming use or to a conforming use.
E.
Any change in the use of a structure or building or land from that permitted by any variance of the Zoning Hearing Board.
2.
Before any such use or change of use, a person must have the intended use certified by the Zoning Officer as being in compliance with this chapter. The application for a certification of use or occupancy must include a statement of the intended use and any existing use of the structure or building or land and a plan of the lot indicating parking, signs and building square footage. The certificate continues in effect as long as the use of the structure or building or land for which it is granted conforms with this chapter.
§ 27-1604 Appeals.
[Ord. 1996-1, 1/23/1996, § 1603]
1.
Any person aggrieved or affected by provision of this chapter or decision of the Zoning Officer, may appeal to the Zoning Hearing Board. The appeal must be on a form provided for that purpose by the Zoning Officer. It must be filed with the Board and a copy given to the Zoning Officer. Said appeal shall be filed no later than 30 days after the taking of the action appealed unless the appellant alleges and proves that he had no notice, knowledge, or reason to believe that such action had been taken. The appellant must provide all the information requested on the form, together with any other information and data that may be required to advise the Board on the appeal, whether such information is called for by the official form or not.
2.
An appeal to the Zoning Hearing Board shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Officer certifies to the Board after the notice of appeal shall have been filed that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed and otherwise than by a restraining order, which may be granted by the Board or by a court of record on application or notice to the Zoning Officer and for due cause shown.
3.
Within 30 days after a decision of the Zoning Hearing Board, a person aggrieved by the decision, or the Board of Township Supervisors may appeal to the Court of Common Pleas of York County, by notice of appeal, setting forth that the decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law and specifying the ground which they rely.
§ 27-1605 Hearings.
[Ord. 1996-1, 1/23/1996, § 1604]
1.
Notice; Conduct of Hearing.
A.
Notice shall be given to the public, the applicant, the Zoning Officer, such other persons as the Board of Supervisors shall designate by ordinance and to any person who has made timely request for the same. Notice shall be given as follows:
(1)
By publishing a notice thereof, at least 15 days in advance of such hearing, in a newspaper of general circulation in the Township.
(2)
By mailing a notice thereof to the Zoning Officer.
(3)
By mailing a notice thereof, at least seven days prior to the hearing to the applicant or appellant at the address filed with the appeal or application.
(4)
By mailing a notice thereof, at least seven days prior to the hearing, to such other person as designated by ordinance or to such other person who has made a timely request for notice of the hearing.
(5)
Written notice of the hearing shall be conspicuously posted on the affected tract of land at least seven days prior to the hearing.
(6)
When the Zoning Hearing Board shall so order, by mailing or delivering a notice thereof to the owner, if his residence is known and to the owner of every lot on the same street within 100 feet of said lot or building; provided, that failure to give notice required by this section shall not invalidate any action by the Zoning Hearing Board.
(7)
The Board of Supervisors may establish reasonable fees, based on cost, to be paid by the applicant and by persons requesting any notice not required by ordinance.
B.
The hearing shall be conducted by the Zoning Hearing Board or the Zoning Hearing 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 Zoning Hearing Board, but the parties may waive decision or findings by the Zoning Hearing Board and accept the decision or findings of the hearing officer as final.
C.
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
D.
The Zoning Hearing Board or the Hearing Officer:
(1)
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.
(2)
Shall not take notice of any communication, reports, staff memoranda, or other materials unless the parties are afforded an opportunity to contest the material or notices.
(3)
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.
2.
Parties, Representation, Statements.
A.
Parties. The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Zoning Hearing Board and any other person including civic or community organizations permitted to appear by the Zoning Hearing Board. The Zoning Hearing Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Zoning Hearing Board for that purpose.
B.
Representation. 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.
3.
Witnesses, Documents, and Papers. The Chairman or acting Chairman of the Zoning Hearing 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.
4.
Decision Procedure.
A.
The Zoning Hearing Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Zoning Hearing Board or hearing officer.
B.
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 provision of any law, or on any provision 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 light of the facts found.
C.
If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or finds are final, the Zoning Hearing Board shall make his report and recommendations available to the parties and the parties shall be entitled to make written representations thereon to the Zoning Hearing Board prior to final decision or entry of findings, and the Zoning Hearing Board's decision shall be entered no later than 45 days after the decision of the hearing officer.
D.
When the Zoning Hearing Board has power to render a decision and the Zoning Hearing Board or the hearing officer, as the case may be, fails to render the same within the period required by this section, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed to an extension of time. Nothing herein contained in this section shall prejudice the right of any part opposing the application to urge that such decision is erroneous.
E.
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 not later than the day following its date. To all other persons who have filed their name and address with the Zoning Hearing Board, no later than the last day of the hearing, the Zoning Hearing 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.
F.
Whenever the Zoning Hearing Board imposes a condition, or conditions with respect to the granting of an application or appeal, this condition must be stated in the order of the Zoning Hearing Board and in the permit issued pursuant to the order by the Zoning Officer. This permit remains valid as long as the condition or conditions upon which it was granted or the conditions imposed by this chapter are adhered to.
5.
Stenographic Record. The Zoning Hearing Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written materials received in evidence shall be made available to any party at cost.
§ 27-1606 Township Supervisors; Powers and Duties.
[Ord. 1996-1, 1/23/1996, § 1605]
1.
Zoning Hearing Board Appointments. The Township Board of Supervisors shall appoint three residents of the Township to a Zoning Hearing Board. The terms of office of a three member board shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the Township.
2.
Changes. The Township Supervisors may, from time to time, on its own motion, or on petition or on recommendation of the Township Planning Commission, amend, supplement or repeal any of the regulations and provisions of this chapter after public notice and hearing. Before the public hearing, a proposed change, except those coming from the Commission, must be referred to the Planning Commission for its recommendations. If the Commission fails to make a recommendation within 45 days, the Township Supervisors may act without the Commission's recommendation.
3.
Fees. The Township Supervisors must set fees by resolutions 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.
§ 27-1607 Planning Commission; Powers and Duties.
[Ord. 1996-1, 1/23/1996, § 1606]
1.
Zoning Hearing Board Cases. The Zoning Hearing Board may refer special exception applications to the Planning Commission for their advice but is not required to do so. Within 30 days of receiving an application for a special exception or within 40 days of receiving an application for a variance from the Zoning Hearing Board, the Planning Commission must give a written report on it to the Zoning Hearing Board. The Commission is governed by the same standards as the Zoning Hearing Board in making its recommendations plus its special knowledge gathered from planning for the Township.
2.
Amendments. The Planning Commission may recommend amendments to the regulations and provisions of this chapter to the Township Supervisors. For a proposed amendment stemming from other sources, the Commission must review it and make a recommendation regarding it to the Township Supervisors within 45 days after receipt of the proposal.
§ 27-1608 Zoning Hearing Board; Powers and Duties.
[Ord. 1996-1, 1/23/1996, § 1607]
1.
Creation and Membership.
A.
The terms of office of the board shall be three years and shall be so fixed that the term of office of one member of a three member board shall expire each year. The board shall promptly notify the Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the board shall hold no other office in the Township.
B.
The Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of this chapter, an alternate shall be entitled to participate in all proceedings and discussions of the board to the same and full extent as provided by law for board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board shall not be entitled to vote as a member of the Board nor be compensated unless designated as a voting alternate member.
C.
The Zoning Hearing Board shall be governed by the provisions of the "Pennsylvania Municipalities Planning Code," Act 170 of December 21, 1988, P.L. 1329 Article IX as may be amended or revised, and such other Commonwealth of Pennsylvania laws as may be applicable. As used in this chapter, unless the context clearly indicates otherwise, the term "Board" shall refer to such Zoning Hearing Board and "Act 170" shall refer to the "Pennsylvania Municipalities Planning Code" as cited above.
D.
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 Zoning Hearing Board, but where two members are disqualified to act in a particular manner, the remaining member may act for the Zoning Hearing Board. The Zoning Hearing 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 Zoning Hearing Board as provided in §§ 27-1605, Subsection 1B and D. The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the commonwealth. The Zoning Hearing Board shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors once a year.
E.
Each application or appeal filed in the proper form with the required date, must be numbered serially and be placed upon the calendar of the Zoning Hearing Board by the Secretary. Applications and appeals must be assigned for hearing in the order in which they appear on the calendar. However, for good reason, the Zoning Hearing Board may order the advance of the application or appeal. The Zoning Hearing Board must fix a reasonable time for hearings.
2.
Powers. The Zoning Hearing Board shall have the following powers:
A.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, determination or interpretation made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto and to determine what is a "reasonable accommodation" of a person with a disability pursuant to the Fair Housing Amendments Act of 1988 and the Pennsylvania Human Relations Act when the Zoning Officer is unable to make a determination.
B.
To hear and decide special exceptions which may be authorized in this chapter by the Board of Supervisors. In addition to the express standards and criteria stated in this chapter, the Zoning Hearing Board may attach such reasonable conditions and safeguards to an approval as it may deem necessary to ensure that the approval is consistent with the purposes and intent of this chapter.
C.
The Board shall bear requests for variances where it is alleged that the provisions of this chapter inflict 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:
(1)
That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical 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 this chapter in the neighborhood or district in which the property is located.
(2)
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3)
That such unnecessary hardship has not been created by the applicant.
(4)
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(5)
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.
(6)
In granting any variance, the board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of the Pennsylvania Municipalities Planning Code and this chapter.
(7)
All applications for use variance shall be referred to the Planning Commission by the Zoning Hearing Board with the direction that the Planning Commission shall make a study thereof and recommendations to the Zoning Hearing Board within 40 days from the date of the receipt of said application by the Planning Commission.
D.
In exercising the above-mentioned powers, the Zoning Hearing Board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as believed proper. Notice of such decision shall forthwith be given to all parties in interest.
E.
All applications for special exceptions and variances shall be fully reviewed by the Township Planning Commission except that the Zoning Officer may waive this requirement when only a fence or single family residential use is contemplated. The Planning Commission shall issue a report to both the applicant and the Zoning Hearing Board as evidence. Unless expressly characterized as "permanent" in the Zoning Hearing Board's opinion, no special exception or variance shall create a nonconforming use or extend to anyone other than the person seeking such special exception or variance and their heirs, successors, or assigns.
F.
The fee for appeals and permits shall be set by the Board of Supervisors by resolution.
G.
Appeals from Zoning Hearing Board Rulings: Any person aggrieved by any decision of the Zoning Hearing Board may, within 30 days after such decision of the Zoning Hearing Board, appeal to the Court of Common Pleas of the County.
H.
The burden of proof in any appeal whether for a variance, special exception or otherwise shall be on the appellant.
3.
Appeals to the Zoning Hearing Board.
A.
Appeals to the Zoning Hearing Board may be made by any person or by any Township official or agency aggrieved or affected by any decision of the Zoning Officer. Such appeal shall be taken within 30 days of the decision of the Zoning Officer by filing with the Zoning Officer and with the Zoning Hearing Board a notice of appeal, specifying the grounds thereof. The Zoning Officer shall forthwith transmit to the Zoning Hearing Board all the papers constituting the record upon which the action appealed from was taken. An appeal shall state:
(1)
The name and address of the appellant.
(2)
The name and address of the owner of the real estate to be affected by such proposed exception, of variance.
(3)
A brief description and location of the real estate to be affected by such proposed change.
(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 variance, or exception requested, may be allowed and reasons why it should be granted.
B.
An appeal to the Zoning Hearing Board shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Officer certifies to the Zoning Hearing Board after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life and property. In such a case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Officer and for due cause shown.
C.
Upon receiving an appeal, the Zoning Hearing Board shall fix a reasonable time and place for a public hearing thereon and shall give the notice thereof:
(1)
By advertising at least one week before the hearing, at least one time in a newspaper of general circulation within the Township.
(2)
By mailing due notice at least seven days prior to the date of the hearing to the parties in interest.
(3)
By giving due notice thereof to the Township Planning Commission, the County Planning Agency, the Zoning Officer and such other persons who make timely request for the notice.
(4)
In addition to the published notice, the Zoning Hearing Board shall give notice of the hearing to the owners of all properties lying within 200 feet of the property under consideration. This notice shall be mailed to each property owner not less than seven days in advance of the hearing and shall be made from the list of property owners submitted by the person making the appeal. The failure to notify as provided in this paragraph shall not invalidate any recommendations adopted in the hearing; it being the intent, so far as may be possible to provide due notice to the persons substantially interested that the application for appeal is pending.
D.
The Zoning Hearing Board shall conduct a public hearing on such appeal at which hearing any party may appear in person, or by agent or attorney, and all of said parties so affected shall be given an opportunity to be heard.
E.
The Zoning Hearing Board shall decide the issue involved within 45 days after the hearing or continued hearing, it shall be deemed that such Zoning Hearing Board has decided in favor of the person or Township official aggrieved or affected who is seeking relief. All actions of the Zoning Hearing Board shall be by resolution and a copy shall be furnished to the parties in interest and the Zoning Officer as a public record.
F.
If the variance is granted or the issuance of a permit is approved, or other action by the appellant is authorized, the necessary permit shall be secured and the authorized action begun within six months after the date when the variance is finally granted or the issuance of a permit is finally approved or the other action by the appellant is authorized. For good cause the Zoning Hearing Board may, upon application in writing stating the reasons therefore grant an additional six-month extension.
G.
Should the appellant or applicant fail to obtain the necessary permits within said twelve-month period, or having obtained the permit should he fail to commence work thereunder within such twelve-month period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his appeal or his application, and all provisions, variances and permits granted to him shall be deemed automatically rescinded by the Zoning Hearing Board.
H.
Should the appellant or applicant commence construction or alteration within said twelve-month period, but should he fail to complete such construction or alteration within said twelve-month period, the Zoning Hearing Board may upon 10 days notice in writing, rescind or revoke the granted variance, or the issuance of the permit, or permits, or the other action authorized to the appellant or application, if the Zoning Hearing Board finds that a good cause appears for the failure to complete within such twelve-month period, and if the Zoning Hearing Board further finds that conditions have so altered or changed in the interval since the granting of the variance, permit or action, that revocation or rescission of the action is justified.
§ 27-1609 Variances.
[Ord. 1996-1, 1/23/1996, § 1608]
1.
Referral to Planning Commission. All applications for use variance shall be referred to the Planning Commission by the Zoning Hearing Board with the direction that the Planning Commission shall make a study thereof and recommendations to the Board within 40 days from the date of the receipt of said application by the Planning Commission.
2.
Standards for Variances. Where there is unnecessary hardship, the Board may grant a variance in the application of the provisions of this chapter only if all of the following findings are made in writing, where relevant in a given case:
A.
There are unique physical circumstances or conditions, including:
(1)
Irregularity, narrowness or shallowness of lot size or shape.
(2)
Exceptional topographical or other physical conditions peculiar to the particular property.
(3)
Unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
B.
That because of such physical circumstances or conditions, the property cannot be reasonably used in strict conformity with provisions of this chapter 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 appellant.
D.
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, 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 of the regulation in issue.
3.
Conditions. In granting any variance, the Board may attach such reasonable conditions as it may deem necessary to implement the purposes of this chapter.
§ 27-1610 Zoning Officer; Powers and Duties.
[Ord. 1996-1, 1/23/1996, § 1609]
1.
Appointment and Powers of Zoning Officer. For the administration of this chapter, a Zoning Officer, who may not hold any elective office in the Township, shall be appointed. 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. He issues all building permits, use certificates, certificates of nonconformance and at the discretion of the Zoning Hearing Board, special exceptions, and variances. The Zoning Officer may identify and register nonconforming uses, structures and lots, together with the reasons the Zoning Officer identified them as nonconformities.
3.
Transmittal of Papers. Upon receipt of an application for a variance or a notice of appeal, the Zoning Officer must transmit to the Secretary of the Zoning Hearing Board notice that an application has been filed for a variance, special exception or appeal.
4.
Action on Building Permits. Within 15 days, except for holidays, after receipt of an application for a building permit, the Zoning Officer must grant or refuse the permit. If the application conforms to the applicable requirements of the Building Permit Ordinance [Chapter 4] and this chapter, the Zoning Officer must grant a permit. If the permit is not granted, he must state in writing the ground of his refusal.
5.
Action on Use Certificates. Within 15 days, except for holidays, after receipt of an application for a use certificate, the Zoning Officer must grant or refuse the certificate. If the specifications and intended use conforms in all respects with the provisions of this chapter, he must issue a certificate to that effect. Otherwise, he must state in writing the grounds of his refusal.
6.
Violations. Upon determining that a violation of any of the provisions of this chapter exists, the Zoning Officer shall serve written notice on the person committing or permitting such violation by personal service or registered mail that he shall cease and desist such violation within 30 days from the date of such notice. If said notice is not complied with and no appeal is filed with the Zoning Hearing Board, the Zoning Officer or other Township officer may take, in the name of the Township, any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the structure, building, sign, or land in violation of the provisions of this chapter or of the order or direction made pursuant thereto.
7.
Records. The Zoning Officer must keep a record of:
A.
All applications for building permits, use certificates, special exceptions and variances and all actions taken on them together with any conditions imposed by the Zoning Hearing Board; registration of nonconformities.
B.
All complaints of violations of provisions of this chapter and the action on them.
C.
All plans submitted.
D.
All records and plans are available for public inspection.
§ 27-1611 Township Engineer; Powers and Duties.
[Ord. 1996-1, 1/23/1996, § 1610]
1.
Drainage. At the request of the Zoning Officer or the Zoning Hearing Board, the Township Engineer must review site plans or other data to ascertain that the provision for surface water drainage will be adequate.
2.
Building Adjacent to Drainage Channels and Watercourses. The Township Engineer shall review plans for buildings adjacent to drainage channels or watercourses to ascertain that the buildings will be an adequate distance from the high water line.
3.
Zoning Hearing Board Cases. Where the exercise of the above powers and duties involves an application or appeal to the Zoning Hearing Board, the Township Engineer shall make recommendations to the Zoning Hearing Board. The approving authority in such cases shall be the Zoning Hearing Board and not the Township Engineer.
§ 27-1612 Amendments.
[Ord. 1996-1, 1/23/1996, § 1611]
1.
This chapter or any part thereof, may be amended, supplemented or repealed, from time to time, by the Township Supervisors on their own motion or upon recommendation by the Township Planning Commission. Before voting on the enactment of an amendment, the Supervisors shall hold a public hearing thereon, pursuant to public notice. In the case of an amendment other than that prepared by the Township Planning Commission, the Board of Supervisors shall submit each such amendment to the Township Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Township Planning Commission an opportunity to submit recommendations. The Township Supervisors shall not take action on any such amendment without such report or recommendations from the Township Planning Commission unless the Commission fails for any reason to render such report within 30 days after its next regularly scheduled meeting following the date of such referral. If, after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include land previously not affected by it, the Township Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
A.
Report of the Township Planning Commission. In making such report on a proposed amendment, the Township Planning Commission shall make inquiry and determination concerning the items specified below.
(1)
Concerning a proposed amendment or change in text of this chapter:
(a)
Whether such change is consistent with the aims and principles embodied in this chapter as to the particular districts concerned.
(b)
Which areas, land uses, buildings, and establishments in the Township will be directly affected by such change and in what way they will be affected.
(c)
The indirect implications of such change in its effect on other regulations.
(d)
Whether such proposed amendment is consistent with the aims of the Comprehensive Plan of the Township.
(2)
Concerning a proposed amendment involving a change in the Zoning Map:
(a)
Whether the uses permitted by the proposed change would be appropriate in the area concerned.
(b)
Whether adequate public school facilities and other public services exist or can be created to serve the needs of any additional residences likely to be constructed as a result of such changes.
(c)
Whether the proposed change is in accord with any existing or proposed plans in the vicinity.
(d)
The effect of the proposed amendment upon the growth of the Township as envisaged by the Comprehensive Plan.
(e)
Whether the proposed amendment is likely to result in an increase or decrease in the total zoned residential capacity of the Township and the probable effect thereof.
B.
Petition and Fee. Each petition for a zoning amendment shall be accompanied by a fee as set by separate resolution of the Manchester Township Board of Supervisors upon the filing of such a petition. No fee shall be required for petition filed in favor of or against a pending application.
C.
Referral to County Planning Commission. At least 30 days prior to the hearing on the amendment to this chapter by the Township Supervisors, the Township Planning Commission shall submit the proposed ordinance and amendment to the York County Planning Commission. The County Planning Commission shall report to the Supervisors in writing its advisory opinion on said amendment within 30 days.
D.
Publication Advertisement and Availability of Proposed Amendments.
(1)
Proposed zoning 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 nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and brief summary, prepared by the municipal solicitor and setting forth all the provision in reasonable detail. If the full text is not included:
(a)
A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.
(b)
An attested copy of the proposed amendment shall be filed in the County law library or other County office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
(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, 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 amendments.
(3)
Zoning amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.
E.
Supervisors' Action. The Township Supervisors shall act to approve or disapprove said amendment within 45 days after the date of said public hearing.
§ 27-1613 Enforcement, Penalty and Remedy.
[Ord. 1996-1, 1/23/1996, § 1612]
1.
The construction, erection, replacement, alteration, repair, extension, replacement, and/or use of any structure, building, sign, and/or land or the change of use, area of use, percentage of use or extension or displacement of the use of any structure, building, sign, and/or land without first obtaining a permit or the use of any building, structure, sign, and/or land without receipt of a certificate of use and occupancy or the failure to comply with any other provisions of this chapter, are hereby declared to be violations of this chapter.
2.
The Zoning Officer shall serve a written enforcement notice of violation or order on the person, firm or corporation, or the owner, lessee or agent of the land upon which the violation has occurred who has committed the violation, and such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. However, in no case shall the person so served abandon the premises in such a condition so as to create a hazard or menace to the public safety, health, morals or welfare. Said premises shall be placed in such condition as the Zoning Officer shall direct. 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 been met, citing in each instance the applicable provisions of this 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 the prescribed period of time in accordance with procedures set forth in this chapter.
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.
In any case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any ordinance enacted under the PAMPC or prior enabling laws, the Supervisors or, with the approval of the 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, 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 complaining on the Board of Supervisors of Manchester Township. No such action may be maintained until such notice has been given. |
3.
If the notice of violation is not complied with within a period of 30 days, the Zoning Officer or other Township officer may take, in the name of the Township, any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the structure, building sign, and/or land in violation of the provisions of this chapter or of the order or direction made pursuant thereto.
4.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter enacted under the Municipalities Planning Code or prior enabling laws shall, upon being found liable therefor in civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees 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 the judgment pursuant to the applicable rules of civil procedure. Each day that a 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 a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of zoning ordinances shall be paid over to the township whose ordinance has been violated. 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.
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.