Middletown Township
City Zoning Code
City Zoning Code
ARTICLE XXVII
Administration
§ 275-189 Administration and enforcement.
A.
Provisions of this chapter shall be enforced by a Zoning Officer and any Deputy Zoning Officer(s) appointed by the Township Council. The Zoning Officer shall meet qualifications established by the Township and shall demonstrate to the satisfaction of the Township experience and a working knowledge of municipal zoning, subdivision and land development standards and construction principles. The Zoning Officer shall not hold any elected office in the Township. The duties of the Zoning Officer shall include, but not be limited to, the following:
(1)
Administer this chapter's provisions contained herein, including the enforcement thereof.
(2)
Receive and examine all applications for building and use and occupancy permits, referring applications to the Planning Commission for review and recommendation when deemed advisable, record and file all applications for permits with any accompanying plans and documents.
(3)
Issue permits only when there is compliance with the provisions of this chapter.
(4)
Receive applications for special exception and/or variances and forward these applications to the Zoning Hearing Board for action thereon.
(5)
Receive applications for appeals from alleged error of the Zoning Officer and forward these applications to the Zoning Hearing Board for action thereon.
(6)
Receive applications for conditional uses and forward these applications to the Planning Commission and Township Council for action thereon.
(7)
Issue permits resulting from decisions on special exception or variance applications, or from decisions on conditional use applications, only upon written order of the Zoning Hearing Board or the Township Council, respectively.
(8)
Conduct inspections or surveys to determine compliance or noncompliance with the terms of this chapter.
(9)
Issue cease-and-desist orders, in writing, to require correction of all conditions found to be in violation of the provisions of this chapter. Such written orders shall be served personally or by certified mail upon persons, firms, or corporations deemed by the Zoning Officer to be violating the terms of this chapter.
(10)
Coordinate with the Building Code Official as necessary in the issuance of building and use and occupancy permits.
(11)
Upon the request of the Township Council, the Planning Commission, or the Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests to assist such bodies in making decisions.
(12)
Maintain the Official Zoning Map, showing the current zoning classification of all land. Make such reports as the Township Council may require.
§ 275-190 Requirements for zoning permits.
A.
A zoning permit shall be required prior to the use or change in use of a building or land, expansion of any existing building, and prior to the change or extension of a nonconforming use and for the following accessory structures:
(1)
Class A or B Accessory structure of less than 1,000 square feet, including, but not limited to, carport, detached private garage, greenhouse, poolhouse, pavilion, shed and the like.
(2)
Class C Accessory structures, including, but not limited to, swimming pool, sports court, deck, patio, fence, ground-mount solar panel and the like.
C.
A zoning permit shall be required for manufactured or industrialized housing certified by the manufacturer to conform to applicable federal and state construction and safety standards, as identified in Section 901 of the Pennsylvania Construction Code Act of 1999, No. 45.
§ 275-191 Application for zoning permits.
An application for a zoning permit shall be made, in writing, by the landowner or his authorized agent to the Zoning Officer on forms furnished by the Township and shall be accompanied by a plot plan drawn to scale, showing the exact size and location of any buildings or other structures existing on the subject lot and the setback lines within which the proposed building or other structure shall be erected or altered and the location of any easements or rights-of-way existing on the lot. In addition, there shall be included with the application such other plans, documents and information as may be necessary to enable the Zoning Officer to ascertain compliance with this chapter and all other pertinent ordinances, codes and regulations.
§ 275-192 Issuance of zoning permits.
Zoning permits shall be granted or denied within 30 days after the written application has been filed with the Zoning Officer.
§ 275-193 Permit close-out.
Upon completion of the erection or alteration of any building or portion thereof authorized by any permit and prior to occupancy or use, the holder of such permit shall notify the Zoning Officer of such completion. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with the provisions of this chapter and other applicable ordinances and regulations, including permits by other agencies.
§ 275-194 Requirement for use and occupancy permit.
A.
A use and occupancy permit shall be required prior to any of the following:
(1)
Use and occupancy of any building or other structure hereafter erected or altered, for which a building permit is required.
(2)
Change in use of any building or other structure or any part thereof.
(3)
Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a use and occupancy permit.
(4)
Change in use or extension of a nonconforming use.
B.
It shall be unlawful for any person to use or occupy any building or other structure or land until a use and occupancy permit, if required, has been duly issued.
§ 275-195 Applications for use and occupancy permits.
All applications for use and occupancy permits shall be made, in writing, by the landowner or his authorized agent on forms furnished by the Township and shall include all information necessary to enable the Zoning Officer, in coordination with the Building Code Official, to ascertain compliance with this chapter.
§ 275-196 Issuance of use and occupancy permits.
No use and occupancy permit shall be issued until the Zoning Officer has certified that the proposed use complies with all the provisions of this chapter and all other ordinances, regulations and codes of Middletown Township; provided, however, that a temporary use and occupancy permit may be issued by the Zoning Officer for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such a temporary permit requires any needed conditions and safeguards which will protect the safety of the occupants and the public.
§ 275-197 Issuance or refusal of permits.
If the Zoning Officer determines that an application is in compliance with the provisions of this chapter, it shall be his/her duty to issue the appropriate permit, and, if he/she determines that an application is not in compliance with the provisions of this chapter, it shall be his/her duty to refuse the permit, in which case, he/she shall instruct the applicant in the method of appeal or application to the Zoning Hearing Board or the Township Council, whichever is applicable. No permit shall be issued to any applicant until any and all fees incurred, which are payable to the Township, are paid in full.
§ 275-198 Fees.
A.
The Township Council shall establish, by resolution, a schedule of fees, charges and expenses and collection procedures for building permits, occupancy permits, sign permits, special exceptions, variances, appeals, conditional uses, amendments and others pertaining to this chapter.
B.
The schedule of fees shall be posted in the office of the Zoning Officer and may be altered or amended only by the Township Council.
C.
No action shall be taken on any application for any special exception, variance or appeal until all application fees, charges and expenses have been paid in full.
§ 275-199 Enforcement notice.
A.
If it appears to the Township that a violation of any provision of this chapter occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B.
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.
C.
An enforcement notice shall state 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 provision 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 a prescribed period of time in accordance with procedures set forth in this chapter.
(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.
§ 275-200 Causes of action.
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 any provision of this chapter, the Township Council or, with the approval of the Township Council, 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 complaint on the Township Council. No such action may be maintained until such notice has been given.
§ 275-201 Enforcement remedies.
A.
Any person, partnership or corporation who or which has violated or permitted the violation of a 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 attorneys' fees and costs incurred by the Township as a result of enforcement thereof.
(1)
No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge.
(2)
If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
(3)
Each day that a violation continues shall constitute a separate violation, unless the 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 the 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.
(4)
All judgment, costs and reasonable attorneys' fees collected for the violation of the ordinances shall be paid over to the Township. 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. Nothing contained in this section shall be construed or interpreted to granting to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section. Magisterial District Judges shall have initial jurisdiction over proceedings brought under this section.
§ 275-202 Standards and criteria for approval of conditional uses by Township Council and special exceptions by Zoning Hearing Board.
A.
In evaluating an application before the Township Council for a conditional use or before the Zoning Hearing Board for a special exception, the Council and the Board shall require the applicant to provide reports, maps, plans and other related papers to ensure that the proposal:
(2)
Will be consistent with the statement of purpose articulated for the district in which the use is proposed.
(3)
Will be consistent with the Middletown Township Comprehensive Plan and serves the health, safety, and welfare of the Township.
(4)
Will conform to all requirements of Chapter 210, Subdivision and Land Development, and all other applicable ordinances, codes or regulations.
(5)
Will promote the harmonious and orderly development of the zoning district involved.
(6)
Will be compatible with the character and type of development existing in the area which surrounds the site in terms of the size, scale, height and bulk of the proposed uses and the size, shape and placement of buildings and other structures.
(7)
Will not detract from or cause harm to neighboring properties by creating a negative impact on the aesthetic character of the community.
(8)
Will be compatible with the uses permitted in the surrounding area in terms of the density and/or intensity of land use.
(9)
Will reflect effective site planning and design in terms of energy efficiency, environmental protection and aesthetic composition.
(10)
Will be reflective of sound engineering and land development design and construction principles, practices and techniques.
(11)
Will be consistent with the logical, efficient and cost-effective extension of public services and utilities and will not adversely affect the public services and utilities of surrounding properties of the Township, as a whole, in terms of public water, sewers, police and fire protection and schools.
(12)
Will include proposals for the effective disposal of solid waste.
(13)
Will provide safe and efficient access to roads and will not create traffic congestion, hazardous traffic conditions or excessive traffic volumes.
(14)
Will be developed so as to limit the number of access points along a major public street and to develop frontage of buildings on access roads which are parallel or perpendicular to a major public street.
(15)
Will provide any improvements needed to guarantee compatibility with adjoining roads.
(16)
Will provide continuity of existing circulation systems including roads, sidewalks, trails and other walkways.
(17)
Will provide adequate off-street parking and loading which will be minimally visible from adjoining public streets.
(18)
Will utilize effective stormwater management techniques and soil erosion and sedimentation control techniques which are in character with and complementary to the proposed site grading and landscaping.
(19)
Will provide for adequate environmental controls and performance standards to minimize noise, vibration, glare, heat, odor, smoke, dust, fumes, vapors, gases, air emissions, water emissions and outdoor storage.
(20)
Will preserve, to the maximum extent possible, woodlands and other trees existing at the site.
(21)
Will not be disruptive to existing topography, surface water resources and groundwater resources.
(22)
Will include proposals for effective mitigation of potential adverse environmental impacts through a satisfactory environmental impact assessment report.
(23)
Will provide landscaping to buffer and screen the use from surrounding properties, to complement buildings and other structures on the site and to enhance the overall character of the development.
(24)
Will include proposed landscaping, in addition to that required as stated above, in areas such as the entrance, along property boundaries, in areas which are highly visible such as along roads, walks or trails and in other places where the use of trees, shrubs and ground cover would be functional and appropriate.
(25)
Will provide fencing, walls, berming, terraces, walkways and other site improvement features to complement the proposed landscaping.
(26)
Will provide effective, subdued lighting using light posts and fixtures complementary to the proposed architecture and the character of the surrounding properties.
B.
The Township Council and the Zoning Hearing Board may attach such conditions and safeguards, in addition to those already required by this chapter, as they may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter and to protect the public welfare, which conditions and safeguards may relate to, but are not limited to, the design of buildings, roads and parking areas, landscaping and its maintenance as a sight or sound screen, lighting, noise, safety and the prevention of noxious, offensive or hazardous conditions.
§ 275-203 Procedures for special exceptions and conditional uses.
B.
In the case of an application for conditional use, the Planning Commission shall perform a review and provide counsel to the Township Council concerning the grant of approval or disapproval of the proposed use. Such review shall be conducted within 45 days of the date of the first Planning Commission meeting following the date the complete details of the plan have been filed. The Planning Commission shall discuss the application at least one of its regularly scheduled public meetings during the review period.
C.
The Township Council shall, in the case of an application for conditional use, schedule a hearing for public review and comment pursuant to public notice as defined in Article II of this chapter. Should the Township Council deem it necessary, a second public hearing shall be held, at which time the public record may be enlarged. Within 90 days, the Township Council, at a regularly scheduled meeting or special meeting, shall take action to either approve or disapprove the use.
D.
The Planning Commission and Township Council shall be responsible for providing notification to the applicant, no less than 20 days prior to the occurrence of any hearing at which testimony will be heard and/or action taken upon approval or disapproval in order that he/she may present his/her case at such hearing. Subsequent to the receipt of such notification, the applicant shall be responsible for notifying, no less than 10 days prior to such hearing, all abutting property owners.
E.
Proof of proper notification shall be required as a precondition before any formal action on the application.
F.
Notification of the action taken by the Township Council shall be made, in writing, to the applicant. In the event of disapproval, it shall be accompanied by a statement of the reasons therefor. In the event of disapproval, the applicant may file a new application for conditional use or for subdivision and/or land development for another use of the subject property.
G.
In the event of conditional use approval, should the applicant fail to obtain all the necessary final plan approvals and building and related permits within 12 months of notification or, having obtained the necessary approvals and permits, fail to commence work thereunder within six additional months, it shall be conclusively presumed that the applicant has waived, withdrawn or abandoned his/her appeal or application, and all provisions, conditional uses(s) and permits granted to him/her shall be deemed automatically rescinded by the Township Council. If the Township Council finds that a good reason exists for the failure to comply with the time periods specified above, an extension may be granted.
H.
The grant of approval by the Township Council for a conditional use shall in no way release the applicant from his/her obligation to comply with the applicable provisions of this chapter, Chapter 210, Subdivision and Land Development, or any other applicable Township, state and federal regulations.
I.
All notices, hearings and orders shall be made or shall occur in conformance with the provisions of this chapter and the Pennsylvania Municipalities Planning Code, Act 247, as amended.