Millcreek Township Erie County
City Zoning Code
City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 145-104 Purpose.
The purpose of this Article is to describe the procedures for administration and enforcement of this Chapter and the duties and responsibilities of the Zoning Officer and Zoning Hearing Board as they pertain to this Chapter.
§ 145-105 Zoning Officer.
A.
The duty and authority of administration and enforcement of the provisions of this Chapter is hereby conferred upon the Zoning Officer and his or her subordinates and/or designees, who may not hold an elective office in Millcreek Township.
B.
The Zoning Officer and such assistants and subordinates as are designated by the Board of Supervisors shall have such duties and powers as are necessary to administer and enforce this Chapter, including but not limited to the following, which shall apply to the Zoning Officer and all other authorized employees:
(1)
Shall receive and act upon applications for Permits to authorize the erection, reconstruction, alteration or repair of and additions to Buildings and Structures, Use Certificates, Sign Permits, and other matters under this Chapter, and enforce compliance with this Chapter.
(2)
Shall receive and refer to the Zoning Hearing Board all applications for variance, Use on Special Exception and other matters within the jurisdiction of said Board.
(3)
Shall receive and refer to the Planning Commission and Board of Supervisors all petitions requesting rezoning of properties.
(4)
Shall refer to the Board of Supervisors such other applications or petitions as are directed to the Board of Supervisors for action.
(5)
Shall receive and refer to the Solicitor applications for subdivision waiver approval and assist in review of such applications.
(6)
May, with the prior approval of the Board of Supervisors, engage such expert opinions as the Board of Supervisors deems necessary to report upon unusual technical issues which arise.
(7)
May consult with the Solicitor as the Board of Supervisors deems necessary to seek clarification on legal issues which arise.
(8)
Shall be responsible for enforcement of this Chapter.
(9)
Shall approve and issue a Permit or certificate only when all requirements for its issuance have been met.
(a)
Where all requirements for a Permit or certificate have not been met, such officials shall in writing deny such application, the writing to state the reason(s) for such denial.
(10)
Where a Permit or certificate has been issued in reliance upon information submitted by the applicant, which is later found to be materially untrue, or has been issued improvidently, such officials shall have authority to revoke such issued Permit or certificate. Such revocation shall be in writing and state the reason(s) for revocation, and shall be sent to the Person to whom the Permit or certificate was issued via U.S. certified mail and any other registered delivery service at the discretion of the Zoning Officer.
(11)
Shall make such investigations as they deem necessary or appropriate in performance of their duties, and shall carry proper identification should they inspect Buildings or Premises in the performance of their duties.
(12)
Shall issue all notices or orders necessary to act upon applications and ensure compliance with this Chapter.
(13)
Shall issue all stop-work orders which may be necessary in event of violations of this Chapter or of any issued Permit or certificate.
(14)
Shall communicate with the Building Code Official retained by the Township to administer and enforce the Pennsylvania Construction Code, and shall receive and maintain on file reports, permits, certificates and other documents received from said Building Code Official. Communications shall include all necessary or appropriate to proper administration of the ordinances, including but not limited to notices of violation of the respective regulations and assistance in enforcement proceedings.
(15)
Shall issue all notices and prosecute all actions necessary to enforce this Chapter and Permits or certificates as issued.
(16)
Shall retain in permanent files all applications for Zoning Permits, Use Certificates, petitions for rezoning, applications for variance or Use on Special Exception, appeals and other documents submitted to the Township or to the Zoning Hearing Board pursuant to this Chapter and all decisions thereon.
(18)
Shall submit to the Board of Supervisors monthly and annual written reports of UCC Construction Permits and of Zoning Permits for activities which are regulated by this Chapter, and shall submit to other appropriate governmental entities reports of such activities as directed by the Board of Supervisors or its designee.
§ 145-106 Zoning Hearing Board.
[Amended 6-25-2024 by Ord. No. 2024-6]
A.
Membership. The membership of the Board shall consist of three residents of the Township to be appointed by resolution of the Board of Supervisors. The Board of Supervisors by resolution may appoint at least one but not more than three residents of the Township to serve as alternate members of the Zoning Hearing Board. Other matters pertaining to the Zoning Hearing Board's membership, removal of members, vacancies, organization and expenditures shall be governed by Sections 903 and 905 through 907 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. §§ 10903, 10905 and 10907, respectively.
B.
Jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters pursuant to Section 909.1(a) of the MPC:[2]
(2)
Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any Permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any Nonconforming Use, Structure or Lot.
(3)
Appeals from a determination by a Township Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
(4)
Applications for variances from the terms of this Chapter, the floodplain or flood hazard ordinance or such provisions within the land use ordinance as authorized below:
(a)
The Board shall hear requests for variances where it is alleged that the provisions of this Chapter inflict unnecessary hardship upon the applicant. The Board may grant a variance, after public notice and hearing, if all 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 zoning 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 appellant.
[4]
That the variance, if authorized, will not alter the essential character of the neighborhood or zoning 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.
(b)
In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes this Chapter.
(c)
When a variance that has been granted by the Zoning Hearing Board is discontinued or Abandoned for 12 consecutive months, the variance shall expire and is no longer authorized.
(5)
Applications for Special Exceptions under this Chapter, or floodplain or flood hazard ordinance or such provisions within a land use ordinance as authorized below:
(b)
The Zoning Hearing Board shall not approve a Use by Special Exception unless and until a written application for approval of a Use by Special Exception is submitted to the Zoning Officer, which includes the following:
(c)
In approving a Special Exception request, the Zoning Hearing Board may attach whatever reasonable conditions and safeguards it deems necessary in order to ensure that the proposed development is consistent with the purposes of this Chapter.
(d)
Approval of a Use by Special Exception shall expire automatically without written notice to the applicant, if no application for a land development plan, a Building Permit or an occupancy Permit to undertake the construction or authorize the occupancy described in the application for approval of the Use by Special Exception is submitted within 12 months of said approval, unless the Zoning Hearing Board, in its sole discretion, extends approval of the Use by Special Exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
(6)
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of the zoning ordinance.
(8)
Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving Article V or Article VII of the MPC applications.
[2]
Editor's Note: See 53 P.S. § 10909.1(a).
C.
Appeals and applications.
(1)
Forms. Appeals and applications to the Zoning Hearing Board shall be submitted to the Zoning Officer on such Millcreek Township forms, which may require such additional information as deemed appropriate.
(3)
Deadlines for submission of appeals and applications.
(a)
All appeals from determinations of the Zoning Officer or the Township Engineer under § 145-106B(2), (3), (7) and/or (8) of this Chapter shall be filed with the Zoning Officer not later than 30 days after the date of the determination or of enactment to which said appeal pertains.
(b)
The Board of Supervisors shall have authority to establish deadlines for submission of appeals and applications for inclusion on a monthly agenda of the Zoning Hearing Board, such deadlines to ensure that public notice and other notice requirements of the MPC[6] and/or this Chapter are complied with.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
(4)
Transmission of documents to Board. The Zoning Officer shall transmit to the Zoning Hearing Board all documents submitted with an appeal or application and, where appeals from determinations or enacted ordinances are filed, all documents constituting the record upon which the action appealed from was taken.
(5)
Hearings. The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:
(a)
Public Notice. Public notice shall be given in accordance with the MPC[7] and written notice shall be given to 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. Written notices shall be given at such time and in such manner as provided in Section 109 of the MPC.[8] 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 hearing.
(b)
Fees. The Board of Supervisors may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
(c)
Scheduling of Hearing.
[1]
The first hearing before the Zoning Hearing Board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant's application or appeal, unless the applicant has agreed in writing to an extension of time.
[2]
Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record.
[3]
An applicant shall complete the presentation of their case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing.
[4]
Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief.
[5]
An applicant may, upon request, be granted additional hearings to complete their case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.
(d)
Discovery. At the discretion of the Chair of the Board, parties may be permitted to conduct discovery, including depositions, to prepare for the hearing. The Chair may issue an order within 20 days after the filing of the appeal to allow for discovery, but in no event shall discovery extend beyond 15 days prior to the first scheduled hearing, unless approved by the Chair of the Board. Any party wishing to conduct discovery shall submit a request to do so with the Board prior to conducting such discovery, and no later than 20 days after the filing of the appeal. All discovery disputes shall be resolved by the Chair of the Board.
(e)
Conduct of Hearings. The hearings shall be conducted by the Zoning Hearing Board or the Zoning Hearing Board may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.
[1]
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.
[2]
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(f)
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 Board, and any other Person including civic or community organizations permitted to appear by the 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 Board for that purpose.
(g)
Authority of Chair/Presiding Officer. The chairman or acting chairman of the 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.
(h)
Hearing Transcripts. The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the Person appealing from the decision of the Board 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.
(i)
Conduct of Board. The Zoning Hearing Board or the hearing officer shall not communicate, directly or indirectly, with any party or their representatives 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 their 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 their representative unless all parties are given an opportunity to be present.
(j)
Decision. 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 Board or hearing officer. 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 provisions of this Chapter, the MPC,[9] or of any ordinance, rule, regulation or statute shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that their decision or findings are final, the Board shall make the hearing officer's report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under Section 916.1 of the MPC,[10] where the Board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in Section 908(1.2) of the MPC,[11] the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Section 908(1) of the MPC. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(k)
Service of Decision and Findings. 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 them not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the 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.
§ 145-107 Zoning permits.
[Amended 6-25-2024 by Ord. No. 2024-6]
A.
When Permit Required. An application shall be submitted to the Zoning Officer for the following activities, and it shall be unlawful and a violation of this Chapter for any of the following activities to commence without a Zoning Permit first being issued in accordance with this Article:
(1)
Use of any Building or other Structure, or portion thereof, hereinafter erected, reconstructed, changed, improved, enlarged, or otherwise altered regardless of requirements for issuance of a Building Permit, including placement of a manufactured home on a property.
(2)
Change in Use or occupancy of any Building or Structure, or portion thereof.
(3)
Any change in the Use of land, except that the placing of vacant land under cultivation shall not require a Permit.
(4)
Change in Use or expansion of a Nonconforming Structure, or portion thereof.
(5)
Change in intensity of Use, or extending or displacing the Use of any Building, Structure, and/or land.
(6)
Demolition or moving of a Building or Structure.
(7)
Construction or installation of swimming pools or spas holding over 24 inches of water in depth.
(8)
Construction or alteration of Signs.
(9)
Beekeeping.
B.
Repairs. Application or notice to the Township is not required for ordinary repairs to Buildings or Structures, but such repairs shall not include: the cutting away of any wall, partition or portion thereof; removal or cutting of any structural beam or load-bearing support; removal or change of any required means of egress and/or rearrangement of parts of a Structure affecting the egress requirements; or addition to, alteration of or replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring, mechanical or other work affecting the public health or general safety. Certain repairs will require issuance of a UCC Permit and inspection(s) under Chapter 29, Code Enforcement, Part 3, Uniform Construction Code, even where a Zoning Permit is not required.
C.
Authorized Applicant. Application for a Zoning Permit shall be made by the owner or lessee of the Building or Structure; or authorized agent of either, or by the Building contractor or design professional employed or retained by such owner or lessee in connection with such work.
(1)
If the application is made by a Person other than the owner in fee of the property, it shall be accompanied by an affidavit of the owner to the effect that the proposed work is authorized by the owner in fee, that the Person making such application is authorized to do so on behalf of the owner; and that the owner shall be bound by all representations made on the application and by all regulations governing issuance of any Permit(s).
(2)
The full names and addresses of the owner, applicant and the responsible officers, if the owner or the applicant is a corporation, shall be set forth in the application.
D.
Application requirements.
(1)
All applications for Zoning Permits shall be made to the Zoning Officer in writing on forms furnished by the Township and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this Chapter along with such plans, documents and fees as may be required.
(a)
Whenever the Use involves a new Building or Structure or alterations to an existing Building or Structure, an application for a Zoning Permit shall be made prior to application for a Building Permit.
(b)
When no construction is involved, application for a Zoning Permit, Building Permit, and/or a Certificate of Occupancy may be made simultaneously at any time prior to the Use or occupancy of the land, Building or Structure.
(2)
Approvals required. No Zoning Permit shall be issued unless the applicant submits with the application therefor written confirmation or photocopies of all approvals of Township and other governmental agencies required prior to such construction and/or Use, these including but not limited to:
(a)
If a Building or Structure is to be served by public sewer, a copy of the issued Permit to connect to the sewer system;
(b)
If a Building or Structure is to be served by on-Lot septic, a copy of the Erie County Department of Health's septic approval for the proposed Building, Structure and/or Use;
(c)
If a Building or Structure is to be served by public water and water mains do not abut the Premises, written confirmation by the water authority that it is prepared to extend such mains and that applicant has furnished all required applications and fees therefor;
(d)
If required, recordation of an approved subdivision or land development plan;
(e)
If required, a decision of the Zoning Hearing Board authorizing issuance of such Permit;
(f)
A certification that the applicant has identified all government agency approvals necessary which shall be sworn to before a notary public or verified subject to 18 Pa.C.S.A. § 4904 regarding unsworn falsification to authorities.
(3)
Service connections (demolition). Before a Building or Structure is demolished or removed, the owner or owner's agent shall notify all utilities having service connections within the Structure. A Zoning Permit authorizing the demolition or removal of a Building or Structure shall require that prior to issuance of a UCC Permit, the owner shall submit to the Building Code Official a certification that all service utilities and adjacent property owners have been notified of the proposed demolition and that service connections have been removed. Such certification shall be sworn or affirmed to before a notary public or verified subject to the penalties governing unsworn falsification to authorities.
(4)
Permit Fees. All Zoning Permit applications or amended Zoning Permit applications shall be accompanied with a fee in the amount as set by the Board of Supervisors, and failure to do so renders the application incomplete.
E.
Conditions on Permits.
(1)
A Zoning Permit issued shall authorize only the Use or construction specified on the Permit and application, and no other.
(2)
A Zoning Permit shall not be issued until the fees prescribed for it have been paid and all information required for its issuance has been submitted in proper form to the Zoning Officer.
(3)
All work shall conform to the approved application for which the Zoning Permit has been issued and any approved amendments to the approved application or Permit.
(4)
All new work shall be located strictly in accord with the approved site or plot plan.
(5)
If the land subject to the proposed Building, Structure, renovation and/or addition is located within a subdivision or land development previously approved by the Board of Supervisors, the owner(s) shall be responsible for ensuring that all grading, stormwater management, easements, conditions and other terms imposed on the approved plan are preserved and/or complied with during and after construction. A grading plan shall be required whenever revision to the approved grading plan is proposed.
(6)
If the applicant proposes to construct sidewalks and/or a driveway or other Street access, the owner shall be responsible for ensuring that such sidewalks, driveway(s) and other Street access are constructed in full conformity with the Americans with Disabilities Act and associated regulations and Township specifications therefor as set forth in the Required Improvements Section of Chapter 125, Subdivision and Land Development, of the Millcreek Township Code.
(7)
A Zoning Permit shall be a license to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of this Chapter, Chapter 29, Code Enforcement, Part 3, Uniform Construction Code, or any other ordinance or regulation governing the work, except as specifically stipulated by legally granted variance as described in the application.
(8)
No Permit shall be issued to any applicant or owner who is then in violation of the terms of a Zoning Permit, Sign Permit, Building Permit, development plan approval or agreement, Use Certificate, Certificate of Occupancy or other governmental approval and/or Township ordinance or regulation.
F.
Amendments to applications.
(1)
Subject to the limitations of § 145-107J, amendments to a plan, application or other records accompanying the same shall be filed at any time before completion of the work for which the Zoning Permit is sought or issued.
(2)
Such amendment(s), if approved and accompanied by any required fee, shall be deemed part of the original application and shall be filed therewith.
G.
Action on application. The Zoning Officer shall examine or cause to be examined all applications for Permits and certificates and amendments thereto within a reasonable time after filing of all required documents. The following shall apply:
(1)
If the application does not conform to the requirements of all pertinent laws, the Zoning Officer shall reject such application in writing, stating the reasons for rejection.
(2)
If the Zoning Officer is satisfied that the proposed work conforms to the requirements of this and other applicable ordinances, they shall issue a Permit or certificate as soon as practicable.
H.
Suspension or revocation of Permit. A Permit issued under this Chapter may be suspended or revoked by the Zoning Officer if it is determined that the terms of the Permit as issued have been violated, that the application was based upon false or misleading information, that conditions imposed on the Permit as issued have not been satisfied by the applicant in timely fashion or that applicant has failed to commence or complete work authorized within the time period authorized by the Permit.
I.
Signature to Permit. The signature of the Zoning Officer or his or her designee shall be attached to every Permit or certificate issued by the Township.
J.
Time limitations on applications and Permits.
(1)
An application for a Zoning Permit for any proposed work and/or a Sign Permit shall be deemed to have been Abandoned six months after the date of filing, unless such application has been diligently prosecuted or a Permit shall have been issued; provided, that the Zoning Officer shall have authority to grant one or more extensions of time for additional periods not exceeding 90 days each where good cause is shown.
(2)
A Zoning Permit shall become invalid if the applicant has not obtained a Building Permit, where required, within six months after issuance of the Zoning Permit, or if the authorized work has not commenced within six months after the date on which the Zoning Permit or Building Permit for the activity was issued, whichever is later.
(3)
Authorization granted by the Zoning Hearing Board or a court of appropriate jurisdiction under a variance allowing issuance of a Permit shall be valid for a period of six months from the date of the Zoning Hearing Board's or court's decision, whichever is later, and shall expire and become null and void if an application for the authorized Permit is not submitted as required by this Article within six months after the date of said decision.
§ 145-108 Use certificate.
A.
A Use Certificate shall serve as confirmation that a property is zoned for the Use proposed in the application and that requirements established in this Chapter for application for, issuance of and compliance with Permits as issued have been met.
B.
Issued in conjunction with zoning permit. When a Zoning Permit and a Use Certificate are required under this Chapter, an approved and issued Zoning Permit also shall act as the Use Certificate.
(1)
A Use Certificate, either for the whole or any part of a new Building or Structure or for alteration of an existing Building or Structure shall be applied for contemporaneously with application for a Zoning Permit, at which time all fees prescribed therefor shall be paid.
(2)
A Use Certificate shall also be required in order to maintain, renew, change, expand or extend a Nonconforming Use existing at the time of the enactment of the Zoning Ordinance and Zoning Map, or any amendments thereto, and shall state that the Use does not conform with the provisions of the Zoning Ordinance and/or Zoning Map.
C.
Issued independent of Zoning Permit.
(1)
A Use Certificate for Use of vacant land or for the change in Use of land or for the change in Use of an existing Building or Structure not requiring a Zoning Permit shall be applied for and issued before any change in the Use of land or of any Building or Structure may be made.
(2)
The owner or authorized representative may apply for a Use Certificate in order to demonstrate that the property is zoned for the Use proposed in the application and that requirements established in this Chapter for application for, issuance of and compliance with Permits as issued have been met.
(3)
A Use Certificate shall not be deemed or interpreted to constitute a Certificate of Occupancy or a certification by Millcreek Township that construction, reconstruction, alteration, demolition or other like activity has been conducted in accordance with standards prescribed in this Chapter, in the Millcreek Township Code, Chapter 29, Code Enforcement, Part 3, Uniform Construction Code, and Chapter 125, Subdivision and Land Development, and other ordinance enacted by the Township or other governmental entity nor shall it be presumed to involve an inspection of such construction activity.
(4)
A record of all Use Certificate applications and issued certificates shall be kept on file in the office of the Zoning Officer.
(5)
The Zoning Officer shall refuse to issue a Use Certificate until and unless all requirements for its issuance have been met. If an application for a Use Certificate is not made and/or fees therefor paid in the time and manner prescribed in this Section, no Use Certificate shall be warranted or issued.
§ 145-109 Coordination with other Township requirements and permits, state and federal requirements and permits.
Applications for Permits. In all cases, any application for a Permit of any of the types described in this Chapter shall be decided not only on the basis of compliance with this Chapter, but also on the basis of compliance with all other applicable Township ordinances and all other applicable rules and regulations of the various Township authorities and agencies which might be concerned, as well as applicable state and federal requirements and permits known by the Township.
§ 145-110 Conditional uses.
A.
Procedure for Approval. The Township Board of Supervisors shall hear and decide requests for Conditional Uses; however, the Board of Supervisors shall not approve a Conditional Use unless and until:
(1)
A written application for Conditional Use approval is submitted to the Zoning Officer no less than 10 working days prior to the regular meeting of the Planning Commission. The application shall indicate the Section of this Chapter under which Conditional Use approval is sought and shall state the grounds upon which it is requested. The application shall include the following:
(a)
A preliminary land development plan, if required by the Subdivision and Land Development Ordinance,[1] or if a land development plan is not required, a current drawing of the property indicating all existing and proposed Structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this Chapter.
(b)
A written statement showing compliance with the applicable Supplemental Regulations of Article V of this Chapter for the proposed Use.
(c)
The application fee required by this Chapter.
(2)
A written recommendation is received from the Planning Commission or 45 days has passed from the date of the Planning Commission meeting at which the application is first considered as complete and properly filed for approval.
(3)
A public hearing is conducted by the Board of Supervisors pursuant to public notice and said hearing is scheduled no more than 60 days following the date of submission of a complete and properly filed application.
(4)
The Board of Supervisors shall render a written decision within 45 days after the last public hearing. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon. Conclusions based on any provision of this Chapter or any other applicable rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.
(5)
Standards and Criteria for Approval. In deciding all applications for Conditional Uses, the Board of Supervisors shall be guided by the following standards and criteria:
(a)
The proposed Use conforms to the applicable regulations of the zoning district.
(b)
The recommendation of the Millcreek Township Planning Commission.
(c)
Anticipated levels of traffic congestion, noise, Glare, and pollution created by the proposed Use will be similar to the levels created by the Uses permitted in that zoning district.
(d)
Any visual or functional conflicts between the proposed Use and surrounding existing Uses shall be kept to a minimum. Increased Setbacks, planted buffers, wooden fences or other measures may be required by the Township to minimize potential conflicts, or to reduce anticipated levels of noise. Visual and functional conflicts include, but are not limited to, loading docks, parking lots, service driveways, or large nonresidential Buildings adjacent to residential neighborhoods or open space areas, without adequate buffering.
(e)
In granting a Conditional Use, the Board of Supervisors may attach whatever reasonable conditions and safeguards it deems necessary in order to ensure that the proposed development is consistent with the purposes of this Chapter.
(6)
Conditional Use approval shall expire automatically without written notice to the applicant, if no application for a Building Permit or an occupancy Permit to undertake the construction or authorize the occupancy described in the application for Conditional Use approval is submitted within 12 months of said approval, unless the Board of Supervisors, in its sole discretion, extends Conditional Use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
(7)
All appeals from all decisions rendered pursuant to this Section shall be taken to the Court of Common Pleas of Erie County and shall be filed within 30 days after entry of the decision as provided in 42 Pa.C.S.A. § 5572 (relating to time of entry of order) or, in the case of a deemed decision, within 30 days after the date upon which notice of said deemed decision is given as set forth in Section 908(9)2 of the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10908(2).
§ 145-111 Amendments.
A.
The Board of Supervisors may introduce and/or consider amendments to this Chapter and to the Zoning Map, as proposed by the Board of Supervisors or by the Township Planning Commission or by a petition of landowners of property within the Township.
B.
Petitions for amendments shall be filed with the Millcreek Township Planning Commission at least 30 calendar days prior to the meeting at which the petition is to be heard. In the case of a petition for rezoning of property, the petitioners, upon such filing, shall submit a legal description of the property proposed to be rezoned. All petitions shall include a statement justifying the request and documenting consistency with the Comprehensive Plan and a filing fee, in accordance with the fee schedule fixed by resolution of the Township Board of Supervisors. The Planning Commission shall review the proposed amendment and report its findings and recommendations in writing to the Township Board of Supervisors.
C.
Any proposed amendment presented to the Township Board of Supervisors without written findings and recommendations from the Planning Commission and the Erie County Planning and Community Development Department shall be referred to these agencies for review at least 30 days prior to the public hearing of the Board of Supervisors. The Board of Supervisors shall not hold a public hearing upon such amendments until the required reviews are received or the expiration of 30 days from the date of referral, whichever comes first.
D.
Public Notice of Hearing.
(1)
Before acting on a proposed amendment, the Township Board of Supervisors shall hold a public hearing thereon, pursuant to public notice, and pursuant to mailed notice and electronic notice to an owner of a tract or Lot of land located within the Township or an owner of the mineral rights in a tract or Lot of land within the Township who has made a timely request in accordance with the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
If the proposed amendment involves a change to the Zoning Map, notice of the public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the tract to notify potentially interested citizens at least seven days prior to the date of the public hearing.
(3)
In addition to the requirement that notice must be posted, where the proposed amendment involves a Zoning Map change, 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 property located within the area being rezoned, as evidenced by tax records within the possession of the Township. The notice shall include the location, date and time of the public hearing. The notice shall also include a reference to the place in the Township where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. This subsection shall not apply when the rezoning constitutes a comprehensive rezoning.
E.
If after any public hearing is held upon a proposed amendment, the amendment is substantially changed or revised to include land not previously affected by the amendment, the Township Board of Supervisors shall hold another public hearing, pursuant to public notice, mailed notice and electronic notice before proceeding to vote on the amendment.
F.
The Township Board of Supervisors shall publish the proposed amendment once a week for two successive weeks in a newspaper of general circulation in the Township not more than 30 nor 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 setting forth all the provisions in reasonable detail. If the full text is not included:
G.
Within 90 days of the date when the public hearing on the proposed amendment is officially closed, the Township Board of Supervisors shall vote on the proposed amendment. In the event substantial amendments are made in the proposed amendment, The Township Board of Supervisors shall re-advertise in one newspaper of general circulation in the Township a brief summary of the amendments at least 10 days prior to enactment.
H.
Within 30 days after enactment, a copy of the amendment to this Chapter shall be forwarded to Erie County Planning and Community Development Department.
§ 145-112 Municipal curative amendments.
If the Township determines that its Zoning Ordinance or any portion thereof is substantially invalid, it shall take the following actions:
A.
The Township shall declare, by formal action, its Zoning Ordinance or portions thereof substantively 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:
B.
In the event of the failure of a majority of the Board of Supervisors to declare this Chapter or portions thereof substantially invalid within the 30 days following such declaration, the declaration shall be deemed null and void.
C.
Within 180 days from the date of the declaration and proposal, pursuant to Subsection A, above, the Township shall enact a curative amendment to validate or reaffirm the validity of this Chapter pursuant to the provisions required by the Section 609 of the MPC[1] in order to cure the declared invalidity of this Chapter.
[1]
Editor's Note: See 53 P.S. § 10609.
D.
Upon the initiation of the procedures by the Township as set forth in Subsection A, the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment as provided for within the Municipalities Planning Code,[2] nor shall the Zoning Hearing Board be required to give a report requested under Sections 909.1 or 916.1 of the MPC subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection A(1) above.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
E.
Upon completion of the procedures as set forth in Subsection A(1) and (2) above, no rights to a cure pursuant to the provisions of the Municipalities Planning Code,[3] shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which there has been a curative amendment pursuant to this Section.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
F.
The Township, having utilized the procedures as set forth in Subsections A and C above, 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, pursuant to Subsection C; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Township may utilize the provisions of this Section to prepare a curative amendment to this Chapter to fulfill said duty or obligation; provided, however, that the Township shall not be deemed to have utilized the procedures set forth in Subsections A and B either if the Township takes formal action to not declare this Chapter invalid in accordance with Subsection A or if they fail to act in accordance with Subsection A.
§ 145-113 Landowner curative amendments.
A.
Any landowner in the Township may submit a written proposal, on the form provided by the Township, requesting an amendment of this Chapter or Zoning Map as they relate to the landowner's property, and shall pay the fee fixed by the Township for such a submission.
B.
Applications for amendment of this Chapter shall be presented or postmarked to Township and shall contain the materials specified below:
(1)
The applicant's name and address and his representative and the interest of every Person represented in the application;
(2)
A fee as specified by the Township charged to any Person or persons desiring to amend this Chapter;
(3)
A plan showing the extent of the area to be rezoned; Streets bounding and intersecting the area; the land Use and zone classifications of abutting zoning districts, and photographs of the area to be rezoned and abutting areas;
(4)
A statement of the circumstances in the proposed zoning district and the abutting zoning districts and any other factors on which the applicant relies as reasons for supporting the proposed rezoning;
(5)
The approximate time schedule for the beginning and completion of development in the area;
(6)
A site plan to scale, indicating the location of Structures, Uses, and areas for off-Street parking and loading.
C.
The Township shall commence a hearing thereon within 60 days of the request.
D.
The curative amendment and challenge shall be referred to the Planning Commission and the Erie County Planning Agency for review and commentary. The Township shall also advertise the proposed amendment as required by the MPC[1] and, if the proposal involves any change to the Zoning Map, any affected property shall be posted.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E.
If the Township determines that a validity challenge has merit, the Township may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment that will cure the challenged defects. The Township shall consider the curative amendments, plans, and explanatory material submitted by the landowner and shall also consider:
(1)
The impact of the proposal upon Roads, sewer facilities, water supplies, schools and other public service facilities;
(2)
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 this Chapter or Map;
(3)
The suitability of the site for the intensity of Use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources, and other natural features;
(4)
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 impacts; and
(5)
The impact of the proposal on the preservation of agriculture and other land Uses which are essential to public health and welfare.
F.
If the Township does not accept a landowner's curative amendment and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the entire zoning ordinance and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
§ 145-114 Enforcement.
A.
Notice of Enforcement.
(1)
If it appears to the Township that a violation this Chapter has occurred, in order to initiate enforcement proceedings, the Township shall send an Enforcement Notice as provided in this Section.
(2)
The Enforcement Notice shall be sent to the owner of record of the Lot on which the violation has occurred, to any Person who has filed a written request to receive Enforcement Notices regarding that Lot, and to any other Person requested in writing by the owner of record.
(3)
An Enforcement Notice shall state at least the following:
(a)
The name of the owner of record and any other Person against whom the municipality intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of 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 a 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.
(4)
In any appeal of an Enforcement Notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.
(5)
Any filing fee paid by a party to appeal an Enforcement Notice to the Zoning Hearing Board shall be returned to the appealing party by the Township if the Zoning Hearing Board or any court in a subsequent appeal rules in the appealing party's favor.
B.
Enforcement Remedies.
(1)
District Magisterial Judges shall have initial jurisdiction over proceedings brought under this Section.
(2)
Any Person who or which has violated or permitted the violation of any provision(s) of this Chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township in accordance with Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, as amended, pay a judgment of $500 for each such violation, plus all court costs and including reasonable attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of determination of a violation by the District Magisterial Judge. If the defendant neither pays nor timely appeals the judgment entered by the District Magisterial Judge, 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 Magisterial Judge determining that there has been a violation further determines that there was a good faith basis for the Person violating the 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 Magisterial Judge. 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 Millcreek Township.
(3)
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.
(4)
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.
C.
Action to Prevent, Restrain, Correct or Abate.
(1)
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 the approval of the Board of Supervisors, a Zoning Officer and/or the Township Solicitor, 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. Election by the Township of one or more remedies shall not be deemed to exclude exercise of other available remedies.
(2)
Removal of Signs.
(a)
Upon written notice by the Township, the owner, Person, or firm maintaining a Sign shall remove the Sign when it is Abandoned or unlawfully erected in violation of any of the provisions of this Chapter.
(b)
Any Sign in violation of the regulations in Article VI governing prohibited Signs shall be removed within 10 days after notice from the Township to do so.
(c)
The Township may remove or cause to be removed the Sign at the expense of the owner and/or lessee in the event of the owner or the Person or firm maintaining the Sign has not complied with the terms of the notice within 30 days of the date of the notice.
(d)
If a Sign presents an immediate danger, the Township may remove the Sign immediately and to the extent possible issue notice of said removal to the owner, Person, or firm maintaining the Sign.
D.
Remedies Nonexclusive. In the event of a violation of any provision of this Chapter, the Township shall have authority to exercise or pursue any or all remedies available to it under this Article, the MPC[1] and other applicable laws and ordinances. Election by the Township of one or more remedies shall not be deemed to exclude exercise of other available remedies.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 145-115 Fees.
A.
Fees, deposits and other charges shall be imposed and shall be paid at the time any application for Permit, renewal, certificate or other approval, appeal or other item is submitted, in accordance with the schedule of fees established from time to time by resolution of the Board of Supervisors. The Board of Supervisors shall have authority, by resolution, to modify the amount and/or nature of such items.
B.
Petitions requesting rezoning of property shall be accompanied by a filing fee as prescribed by the Board of Supervisors to defray costs and fees for professional services.
C.
Each appeal or application to the Zoning Hearing Board or Board of Supervisors, exclusive of appeals from action of the Zoning Officer, shall be accompanied by a filing fee as prescribed by the Board of Supervisors to defray costs and fees for professional services.
D.
Each appeal to the Zoning Hearing Board challenging propriety of action by the Zoning Officer shall be accompanied by a filing fee as prescribed from time to time by the Board of Supervisors to defray costs of advertising, processing and professional services.
E.
No petition, application, appeal or other submission shall be deemed complete until and unless accompanied by payment of all fees, deposits and other charges required for it.