Rapho Township City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 350-901 Administration and enforcement.
A.
Administration:
(1)
Township Zoning Officer. The provisions of this chapter shall be enforced by an agent, to be appointed by the Township Board of Supervisors, who shall be known as the Township Zoning Officer. The Township Zoning Officer shall be appointed at the first meeting of the Township Board of Supervisors in January to serve until the first day of January next following, and shall thereafter be appointed annually to serve for a term of one year and/or until his successor is appointed. The Township Zoning Officer may succeed himself. He shall receive such fees or compensation as the Township Board of Supervisors may, by resolution, provide. The Township Zoning Officer shall not hold any elective office within the Township of Rapho. The Township Zoning Officer may designate a Deputy or Assistant Zoning Officer, subject to the approval of the Township Board of Supervisors, who shall exercise all the powers of the Township Zoning Officer during the temporary absence or disability of the Township Zoning Officer.
(2)
Duties and responsibilities. The duties and responsibilities of the Township Zoning Officer shall be:
(a)
Process applications. To receive, examine and process all applications and permits as provided by the terms of this chapter. The Township Zoning Officer shall also issue zoning permits for special exception and conditional uses, or for variances after the same have been approved.
(b)
Maintain official records. To maintain and be responsible for all pertinent records on zoning matters in Rapho Township. These records shall include, but not be limited to, all applications received, copies of all zoning permits and certificates of use and occupancy issued, copies of orders and findings of the Township Zoning Hearing Board, written complaints of alleged violations, records of all inspections made, a copy of the most recent version of this chapter, and all amending ordinances, the Official Zoning Map, and all other pertinent information. The records of the Township Zoning Officer shall be available for the use of the Township of Rapho and for inspection of any interested party during office hours. The Township Zoning Officer shall at least annually submit to the Township Board of Supervisors a written statement of all permits and certificates of use and occupancy issued and violations and stop-work orders recommended or promulgated.
(c)
Inspections. Before issuing any zoning permit or certificate of use and occupancy at his discretion, to inspect or cause to be inspected all buildings, structures, signs, or land and portions thereof for which an application has been filed for a zoning permit or a zoning certificate of use and occupancy. Thereafter, he may make such inspections during the completion of the work for which a zoning permit has been issued. Upon completion of such work and before issuing a certificate of use and occupancy, a final inspection shall be made and all violations of the approved plans or zoning permit shall be noted and the holder of the zoning permit shall be notified of the discrepancies. The Township Zoning Officer shall have the right to enter any building or structure or enter upon any land at any reasonable hour in the course of his duties to inspect properties to determine compliance with all provisions of this chapter as well as conditions attached to the approval of variances, special exceptions, conditional uses and curative amendments.
(d)
Inspect and/or register nonconformities. Upon request by a landowner and/or the direction of the Township Board of Supervisors, to inspect nonconforming uses, structures, and lots and to keep a filed record of such nonconforming uses and structures, together with the reasons why the Township Zoning Officer identified them as nonconformities, as a public record and to examine them periodically, with the view of eliminating the nonconforming uses under the existing laws and regulations.
(e)
Assist local officials. Upon the request of the Township Board of Supervisors, Township Planning Commission, or the Township Zoning Hearing Board, present to such bodies facts, records, and any similar information on specific requests, to assist such bodies in reaching their decisions.
(f)
Maintain up-to-date Zoning Ordinance. To be responsible for keeping this chapter and the Official Zoning Map up-to-date, including any amendments thereto.
(i)
Investigate complaints. When in receipt of a verbal non-anonymous complaint stating fully the cause and basis thereof, to investigate alleged violations of this chapter where appropriate. Said investigation shall be completed within 30 days of said complaint. A written report of all investigations of this chapter shall be prepared and filed by the Township Zoning Officer. If after the investigation the Township Zoning Officer determines that a violation has occurred, he shall take action as provided for by this chapter.
(j)
Prosecute violations. To institute civil enforcement proceedings, where appropriate, as a means of enforcement when anyone undertakes deliberate actions that are contrary to the terms of this chapter, and any conditions placed upon the approval of special exceptions, variances and conditional uses or any other approvals authorized under this chapter.
B.
Enforcement. This chapter shall be enforced by the Township Zoning Officer of the Township of Rapho. No zoning permit or certificate of use and occupancy shall be granted by him for any purpose except in compliance with the literal provisions of this chapter. The Township Zoning Officer is authorized to institute civil enforcement proceedings as a means of enforcement when acting within his scope of employment.
C.
Violations. Failure to secure a zoning permit prior to a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, shall be a violation of this chapter. It shall also be a violation of this chapter to undertake other deliberate actions which are contrary to the terms of the Zoning Ordinance and any conditions placed upon the approval of special exceptions, variances, and conditional uses. Each day that a violation is continued shall constitute a separate offense.
D.
Enforcement notice. If it appears to the Township of Rapho that a violation of this chapter has occurred, the Township of Rapho may initiate enforcement proceedings by sending an enforcement notice as provided in the following. Prior to sending an official enforcement notice, the Township Zoning Officer may at his option informally request compliance.
(1)
The enforcement notice shall be sent via certified mail, return receipt requested and postage prepaid, to the owner of record of the parcel on which the violation has occurred to the address the owner of record has provided to the Township of Rapho, or, if none given, to the most recent address as evidenced by the tax records within possession of the Township of Rapho, 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.
(2)
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 of Rapho intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements that 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 Township Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in Article VIII of this chapter relating to appeals from the determination of the Township Zoning Officer in Zoning Hearing Board's functions (§ 350-805D).
(f)
That failure to comply with the notice within the time specified, unless extended by appeal to the Township Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
E.
Enforcement remedies. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township of Rapho, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township of Rapho as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township of Rapho may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge, determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was 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 Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township of Rapho.
F.
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 this chapter, the Township Board of Supervisors or, with the approval of the Township Board of Supervisors, an officer of the Township of Rapho, 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 of Rapho at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Township Board of Supervisors. No such action may be maintained until such notice has been given.
§ 350-902 Zoning permits.
A.
General requirements for zoning permits.
(1)
Actions requiring zoning permits. A zoning permit shall be required prior to:
(a)
A change in use of land or structure.
(b)
The erection or construction of a structure or portion thereof, including.
(c)
The improvement or alteration of any existing structure where such improvement or portion thereof increases the amount of space which the structure encloses.
(d)
The alteration or development of any improved or unimproved real estate, including, but not limited to, mining, dredging, filling, grading, paving, excavation or drilling operations.
(e)
The conduct of forestry involving commercial timber operations.
(g)
The construction or installation of manure storage facilities, lakes, ponds, dams, or other water retention basins.
(2)
Permit exemptions. No zoning permit shall be required for:
(a)
Repairs or maintenance of any structure or land provided such repairs do not change the use or the exterior dimensions of the structure, or otherwise violate the provisions of this chapter.
(b)
The erection or construction of satellite dish antennas that are less than 40 inches in diameter.
(c)
The tilling of soil associated with agriculture including but not limited to agricultural operations, crops/gardening, etc.
(d)
The conduct of forestry not involving commercial timber operations.
(3)
Form of application.
(a)
Application for zoning permits shall be made in writing to the Township Zoning Officer.
(b)
Two copies of the application including a legibly drawn to scale plot/site plan on a minimum eight-and-one-half-inch-by-eleven-inch sheet size, for a zoning permit shall be submitted in such form as the Township Zoning Officer may prescribe.
(c)
The Township of Rapho may, at its option, issue combined or separate zoning permits and building permits, and may utilize a single or separate application for the permits.
(4)
Zoning permit review deadline. Such zoning permits shall be issued or rejected within 90 days from date of application.
(5)
Zoning permit conformity. No zoning permit shall be issued except in conformity with the regulations of this chapter, except after written order from the Township Zoning Hearing Board or the courts.
(6)
Zoning permit burden of proof. In all instances in which the Township Zoning Officer expresses reasonable doubt as to the ability of a proposed use to meet all the requirements of this chapter, it will be incumbent upon the applicant to furnish adequate evidence in support of his application. If such evidence is not presented, the zoning permit will be denied.
(7)
Authorization to apply. The parcel or parcels shall be in full ownership, or proof of option shall be furnished at the time of application. The full names and addresses of the landowner or developer, and of the responsible officers if the landowner or developer is a corporate body, shall be stated in the application. If the application is made by a developer other than the landowner, it shall be accompanied by a written authorization of the landowner, that the proposed work is authorized by the landowner.
(8)
Zoning permit referral. The Township Zoning Officer may call upon other Township staff and/or Township-appointed consultants in the review of submitted materials for applications.
(9)
Zoning permit revocation. The Township Zoning Officer may revoke a zoning permit or approval issued under the provisions of this chapter, in case of any false statement or misrepresentation of fact in the application or on the plans on which the zoning permit or approval was based or for any other cause set forth in this chapter.
(10)
Required zoning permit fees. No zoning permit shall be issued until the fees prescribed by the Township Board of Supervisors approved by resolution shall be paid to the Township Zoning Officer. The payment of fees under this section shall not relieve the applicant or holder of said zoning permit from payment of other fees that may be required by this chapter or by any other ordinances or law. The fees collected for the review of a zoning permit shall include at least one inspection for a certificate of use and occupancy.
(11)
Issuance/rejection of zoning permits. Upon receipt, the Township Zoning Officer shall examine the zoning permit application within a reasonable time after filing. If the application fails to comply with the provisions of this chapter and all pertinent local laws, and/or any conditions of approval attached to the grant of any applicable subdivision and/or land development approval, the Township Zoning Officer shall reject such application in writing, stating the reasons therefore. Should the Zoning Officer deny the zoning permit, he shall inform the applicant of his right to appeal to the Township Zoning Hearing Board as set forth in Article VIII of this chapter relating to appeals from the determination of the Township Zoning Officer in Zoning Hearing Board's functions (§ 350-805D). If satisfied that the proposed work and/or use conforms to the provisions of this chapter, and all laws and ordinances applicable thereto, and/or any conditions of approval attached to the grant of any applicable subdivision and/or land development approval, he shall issue a zoning permit therefore as soon as practical, but not later than 90 days from receipt of the complete application.
(12)
Reconsideration of application. An applicant whose request for a zoning permit has been denied by the Township Zoning Officer may make a later application for a zoning permit, provided all deficiencies which were the basis for the prior denial of the zoning permit have been eliminated. The Township Zoning Officer shall not be required to make a new review of the application if this condition is not met.
(13)
Expiration of zoning permit. The zoning permit shall expire after one year from the date of issuance; provided, however, that the same may be extended every six months for a period not to exceed an additional one year, upon the request by the applicant who can demonstrate good cause for the extension.
(14)
Compliance with this chapter. The zoning permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel, or set aside any of the provisions of this chapter, except as stipulated by the Township Zoning Hearing Board through the issuance of an approved variance under Article VIII of this chapter relating to variances in Zoning Hearing Board's functions (§ 350-805C).
(15)
Compliance with zoning permit and plot/site plan. All work or uses shall conform to the approved application and plans for which the zoning permit has been issued, as well as the approved plot/site plan.
(16)
Display of zoning permit. All approved zoning permits shall be prominently displayed on the subject property during construction, renovation, reconstruction, repair, remodeling or the conduct of other site improvements. Such zoning permit displays shall occur within five days of zoning permit issuance or prior to the commencement of actual work on the site, whichever occurs first. Such zoning permit display shall be continuous until the site receives its certificate of use and occupancy.
(17)
Availability of zoning permit. The Township Zoning Officer shall maintain a copy of all active zoning permits for inspection.
(18)
Compliance with applicable laws and regulations.
(a)
Each application for a zoning permit shall include a written list of all of the Township of Rapho, county, state and federal permits and approvals that are required for the initiation of the use of land, buildings or structures. Additionally, the list shall include the following due diligence statement:
"By signature below, the applicant affirms [he/she/it] has in good faith performed a due diligence review of the Township of Rapho, county, state and federal statutes, laws, ordinances, regulations, and requirements to determine the permits and approvals that are required for the proposed use (to be inserted by applicant) of land, building or structure and that [he/she/it] has provided a complete list of such permits and approvals." |
(b)
The statement shall be followed by the applicant's signature and the date of signing. Each applicant has an affirmative and continuing duty to supplement this list, as may be necessary from time to time, until issuance of the certificate of use and occupancy. Each supplement shall contain the foregoing due diligence statement, followed by the applicant's signature and date of signing.
(19)
Temporary zoning permits. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities for a limited period of time including the following circumstances:
(a)
In times of local or national emergency and/or disaster, in which such temporary activities may be prohibited by other provisions of this chapter. If such temporary activities are of such a nature and are so located that, at the time of application, they will: in no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone; and contribute materially to the welfare of Rapho Township, particularly in a state of emergency, under conditions peculiar to the time and place involved; then the Township Board of Supervisors may direct the Township Zoning Officer to issue a temporary zoning permit for a period not to exceed 180 days. Such temporary zoning permit may be extended not more than once for an additional period of 180 days.
(b)
Other temporary uses or structures.
[1]
Customary, routine, and accessory short-term special events, provided that only a well-established nonprofit organization proposing a temporary use demonstrates clearly that the proposed use will primarily serve a charitable, public service or religious purpose in order to be eligible to receive approval for commercial or business type activities in a zone where a commercial or business use would not otherwise be permitted;
[2]
Temporary storage and office trailers that are necessary to serve on-site construction, while such construction is actively underway;
(c)
Time period. For the uses set forth in the subsection above [§ 350-902A(19)], the Township Zoning Officer shall state a reasonable maximum time period for the temporary zoning permit. If no time limit is stated or otherwise specifically provided in Article V or Article VI of this chapter, then a 180-day maximum period shall apply. Such temporary zoning permit may be extended not more than once for an additional period of 180 days.
B.
Application for all zoning permits.
(1)
Applications shall contain a general description of the proposed work, development, use or occupancy of all parts of the structure or land and shall be accompanied by legibly drawn to scale plot/site plans on a minimum eight-and-one-half-inch-by-eleven-inch sheet size showing the following, where applicable; the:
(a)
Property lines, actual dimensions, and shape of lot to be built upon.
(b)
Exact size and location on the lot of buildings, structures, and areas of land use, existing and/or proposed, and extensions thereto.
(c)
Number of dwelling units or other units of occupancy (e.g., commercial, industrial, institutional/civic, agricultural, accessory uses, etc.) if any, to be provided.
(d)
Location of lot access and curb cuts, surfacing of driveways and access drives, clear sight triangles, and copies of any highway occupancy permits as required by Township, county and/or state agencies.
(e)
Height of all structures and buildings.
(f)
Distances of buildings and structures from lot lines and street right-of-way lines.
(g)
Off-street parking and loading spaces and access thereto, including grades and proposed surfacing, and proposed truck types.
(h)
Outside areas devoted to storage or display of goods, materials and/or wastes.
(i)
Utility systems affected and proposed including primary and backup individual on-lot and/or public sewage disposal and water supply systems, including any required permits.
(j)
Alteration or development of any improved or unimproved real estate.
(k)
Lot coverage.
(l)
Floor area devoted to each proposed use and unit of occupancy.
(m)
Recreation areas.
(n)
Screening, landscape screening strip, buffer yards, landscaping.
(o)
Means of pedestrian access.
(p)
Watercourses and bodies of water.
(q)
Copies of any applicable subdivision and/or land development plan.
(r)
Written approvals for needed Conservation Plans, Nutrient Management Plans and/or Erosion and Sediment Control Plans.
(s)
Information relating to any zoning approvals obtained from the Township Zoning Hearing Board or the Township Board of Supervisors.
(t)
Proof of approval from the PA L&I.
(u)
Workers' compensation certificates.
(v)
All other lawful information that may be required by the Township Zoning Officer to determine compliance with this chapter.
(2)
Applications involving any excavation or earthmoving. Applications involving any excavation or earthmoving involving 5,000 square feet or more shall require submission of one or more of the following:
(a)
Applications for zoning permits involving agricultural use. Applications for zoning permits for agricultural use involving earth disturbance on 5,000 square feet or more shall require submission of a letter from the LCCD or the USDA's NRCS that the proposed use has an approved Conservation Plan.
(b)
Applications for zoning permits involving nonagricultural use. Applications for zoning permits involving nonagricultural use where any of the following conditions apply shall require submission of written evidence that the proposed use has a Conservation Plan or an Erosion and Sediment Control Plan that meets with the approval of the Lancaster County Conservation District.
[1]
Earth disturbance will occur on more than one acre.
[2]
The site possesses slopes exceeding 10%.
[3]
The site contains or adjoins a body of water or watercourse.
[4]
The site and proposed use or activity presents the potential for discharge into state-designated "high-quality waters," and/or state-designated "exceptional value waters" and/or "exceptional value wetland;"
(c)
Applications for zoning permits for other uses and activities. Applications for zoning permits that do not involve agricultural uses or activities, and do not involve any of those conditions listed in this subsection above relating to applications for zoning permits involving agricultural use and applications for zoning permits involving nonagricultural use § 350-902B(3) shall require the submission of a signed statement by the applicant that an adequate Erosion and Sediment Control Plan will be developed, implemented and maintained prior to any excavation or earthmoving on the site.
C.
Application for zoning permits for nonresidential uses. In addition to the requirements for all zoning permits set forth in the subsection above relating to application for all zoning permits (§ 350-902B), applications for proposed nonresidential uses shall provide the following information, unless the Township Zoning Officer determines such information is unnecessary to determine compliance with this chapter:
(1)
Location plan. A location plan showing the tract to be developed, zone boundaries, adjoining tracts, significant natural features, and streets for a distance of 200 feet from all tract boundaries.
(2)
Plot/site plan. A legibly drawn to scale plot/site plan of the lot on a minimum eight-and-one-half-inch-by-eleven-inch sheet size, certified by a qualified professional land surveyor, engineer, or landscape architect licensed and registered to practice in the Commonwealth of Pennsylvania, showing the location of all existing and proposed:
(a)
Buildings and structures;
(b)
Lot access, curb cuts, access drives, driveways, clear sight triangles, on-site circulation patterns, parking, loading, and vehicle queuing facilities;
(c)
Landscaping, screening, buffer yards and related improvements;
(d)
Waste disposal facilities, methods of water supply and sewage disposal;
(e)
Other construction features and improvements on the lot; and
(f)
The location of all topographical features; unless the Township Zoning Officer determines such information is unnecessary to determine compliance with this chapter.
(3)
Hours of operation and management plan. An hours of operation and management plan demonstrating how on-site activities are appropriately scheduled, operated, and maintained to protect the existing neighborhood and nearby residential uses from detrimental noise, disturbance, or interruption. The "hours of operations and management plan" shall include the following, unless the Township Zoning Officer determines such information is unnecessary to determine compliance with this chapter:
(a)
Address of the premises of proposed use including tax parcel identification number.
(b)
Name and general and specific type of the proposed use (e.g., commercial use, retail sales).
(c)
Name and related contact information of the owner, on-site manager, and/or other authorized agent of the proposed use and the lot [e.g., telephone number(s), email address, etc.].
(d)
The nature of the on-site activities and operations involved in the proposed use (e.g., the type of products, materials, equipment and/or processes, etc.).
(e)
Estimated number of employees, patrons, and/or occupants, including per shift and maximum permitted occupancy, as applicable.
(f)
The gross floor area of the building(s) and gross area of the lot devoted to the proposed use.
(g)
General description of the land uses adjacent to the property and on the same block.
(h)
Vehicles and traffic associated with the proposed use (e.g., employees and customers/occupants deliveries, loading, etc.).
(i)
Hours and days the proposed use will be open and/or operating including any expected "special events," as applicable.
(j)
How disposal of materials will be accomplished in a manner that complies with the Township of Rapho, county, state, and federal regulations.
(k)
A discussion of likely possible impacts and/or problems the proposed use may cause (e.g., traffic, odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts/problems. The applicant shall further furnish evidence that the impacts generated by the proposed use will be within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in Article V of this chapter relating operations and performance standards (§ 350-521).
(4)
Schematic architectural drawing. A schematic architectural drawing of the principal building's front facade.
(5)
SLDO plan. Submission, approval, and recording information subdivision and/or land development plan and in accordance with the SLDO, as required.
D.
Application for zoning permits for signs. Zoning permits for the placement of signs requiring the obtainment of a zoning permit as set forth in Article V of this chapter (§ 350-528). All signs requiring zoning permits must have such zoning permit prior to the erection, installation, or alteration of the sign. Applications for a zoning permit for a sign shall be made in writing to the Township Zoning Officer and shall contain all information necessary for the Township Zoning Officer to determine whether the proposed sign, or the proposed alterations, conform to the requirements of this chapter. All applications for zoning permits for signs shall be accompanied by scaled plans or diagrams showing the following:
(1)
Exact dimensions of the lot, including any right-of-way lines or building upon which the sign is proposed to be erected.
(2)
Exact size, dimensions and location of the said sign on the lot or building together with its type, construction, materials to be used, and the manner of installation.
(3)
Any other lawful information which may be required of the applicant by the Township Zoning Officer.
§ 350-903 Certificate of use and occupancy.
A.
Certificate of use and occupancy required. It shall be unlawful to use and/or occupy any structure, building, and/or land or portion thereof for which a zoning permit is required until a certificate of use and occupancy has been issued by the Township Zoning Officer. The Township Zoning Officer shall not issue such certificate of use and occupancy unless he has inspected said structure, building, or land and has determined that all provisions of this chapter and other laws of the Township of Rapho have been satisfied and that the applicant has received a certificate of occupancy under the most recent version of the IBC or IRC (as applicable) as referenced in the PA UCC adopted by the Township of Rapho, and with all other applicable Township requirements, if applicable.
B.
Form of application.
(1)
The application for a certificate of use and occupancy shall be in such form as the Township Zoning Officer may prescribe and may be made on the same application as is required for a zoning permit is filed with the Township Zoning Officer.
(2)
The Township of Rapho may, at its option, issue combined or separate zoning certificates of use and occupancy and certificates of occupancy (for building permits), and may utilize a single or separate application for the certificates.
C.
Description of use and occupancy. The application for a certificate of use and occupancy shall contain a description of the intended use and occupancy of any structure, building, and/or land or portion thereof for which a zoning permit is required.
D.
Action upon application.
(1)
The Township Zoning Officer shall inspect any structure, building, or use of land within 10 days after notification that the proposed work that was listed under the zoning permit has been completed. If the Township Zoning Officer is satisfied that the: work is in conformity and compliance with the work listed in the issued zoning permit; work is in conformity and compliance with other pertinent local laws; and that the applicant has received a certificate of occupancy under the most recent version of the IBC or IRC (as applicable) as referenced in the PA UCC adopted by the Township of Rapho, and with all other applicable Township requirements, if applicable; he shall issue a certificate of use and occupancy for the intended use listed in the approved application. If the Township Zoning Officer finds that the work has not been performed in accordance with this chapter and/or the approved application, the Township Zoning Officer shall refuse to issue the certificate of use and occupancy and shall give in writing the reasons for such refusal. The Township Zoning Officer shall inform the zoning permit holder of his right of appeal to the Township Zoning Hearing Board set forth in Article VIII of this chapter relating to appeals from the determination of the Township Zoning Officer in Zoning Hearing Board's functions (§ 350-805D).
(2)
The fees collected for the review of a zoning permit include one inspection for certificate of use and occupancy. Should an applicant fail to demonstrate compliance with an approved zoning permit at such inspection, he will be required to correct any noted violations and pay another final inspection fee, or submit a new zoning permit application (in compliance with all requirements listed above) along with its fee for each time the Township of Rapho must inspect the site prior to its final issuance of a certificate of use and occupancy.
E.
Availability of certificate of use and occupancy. The Township Zoning Officer shall maintain a certificate of use and occupancy (or a true copy thereof) for all uses that shall be kept available for inspection of any interested party during office hours.
F.
Temporary certificate of use and occupancy. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities for a limited period of time, including but not limited to the following circumstances:
(1)
In times of local or national emergency or disaster, in which such temporary activities may be prohibited by other provisions of this chapter. If such temporary activities are of such a nature and are so located that, at the time of application, they will: in no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone; and contribute materially to the welfare of Rapho Township, particularly in a state of emergency, under conditions peculiar to the time and place involved; then the Township Board of Supervisors may direct the Township Zoning Officer to issue a temporary certificate of use and occupancy for a period not to exceed 180 days. Such temporary certificate of use and occupancy may be extended not more than once for an additional period of 180 days.
(2)
Other temporary uses or structures.
(a)
Customary, routine, and accessory short-term special events, provided that only a well-established nonprofit organization proposing a temporary use demonstrates clearly that the proposed use will primarily serve a charitable, public service or religious purpose in order to be eligible to receive approval for commercial or business type activities in a zone where a commercial or business use would not otherwise be permitted;
(b)
Temporary storage and office trailers that are necessary to serve on-site construction, while such construction is actively underway;
(3)
Time period. For the uses set forth in the subsection above [§ 350-902A(19)], the Township Zoning Officer shall state a reasonable maximum time period for the temporary certificate of use and occupancy. If no time limit is stated or otherwise specifically provided in Article V or Article VI of this chapter, then a 180-day maximum period shall apply. Such temporary certificate of use and occupancy may be extended not more than once for an additional period of 180 days.
G.
Improvement guarantees. No certificate of use and occupancy shall be issued for structures and buildings located in subdivisions and land developments requiring improvement guarantees until the structure or building adjoining either a street which has been accepted by the Township of Rapho for dedication, or adjoins upon a street which has been paved with a base wearing course.
H.
Compliance with other laws and regulations. No certificate of use and occupancy shall be issued until such time as the applicant provides evidence that the identified Township of Rapho, county, state and federal permits and approvals required for the initiation of use of land, building or structure have been obtained, including the SLDO. Following the issuance of a certificate of use and occupancy, it is expected that the use of the land, building or structure that is the subject of the certificate of use and occupancy shall be conducted in compliance with the zoning permit and all of the applicable Township of Rapho, county, state, and federal statutes, ordinances, regulations, requirements, permits and approvals.
I.
Operations and performance standards for nonresidential uses. For nonresidential uses that involve activities that are subject to performance standards listed in Article V of this chapter relating to operations and performance standards (§ 350-521), no certificate of use and occupancy shall become permanent until 30 days after the facilities are fully operational when, upon a reinspection by the Township Zoning Officer, it is determined that the facilities are in compliance with all operations and performance standards.
§ 350-904 Fees.
A.
The Township Board of Supervisors shall establish by resolution a schedule of fees, charges, and expenses and collection procedures for applications for zoning permits, certificates of use and occupancy, special exceptions, conditional uses, variances, appeals, amendments, and other matters pertaining to this chapter.
B.
The schedule of fees shall be available for inspection of any interested party during office hours and may be altered or amended by resolution of the Township Board of Supervisors.
C.
Until all application fees, charges, and expenses have been paid in full, the application or appeal shall not be considered complete. Therefore, no proceedings related to any such application or appeal shall be initiated, no established time elements shall begin to accrue, and no action shall be taken on any such application or appeal.
§ 350-905 Amendments.
A.
Power of amendment. The Township Board of Supervisors may from time to time, amend, supplement, change or repeal this chapter including the Official Zoning Map. Any amendment, supplement, change or repeal may be initiated by the Township Planning Commission, the Township Board of Supervisors, or by a petition to the Township Board of Supervisors by an interested party. The Township of Rapho is under no obligation to consider any zoning amendment other than curative amendments submitted under the subsections below relating to curative amendment by a landowner (§ 350-905F) and curative amendment by the Township Board of Supervisors (§ 350-905G).
B.
Hearing and enactment procedures for zoning amendments.
(1)
Public hearing. Before hearing and enacting any amendment to this chapter and/or Official Zoning Map, the Township Board of Supervisors shall conduct a public hearing to inform the general public of the nature of the amendment, and to obtain public comment. Such public hearing shall be conducted after public notice, as described in the subsection immediately below relating to public notice [§ 350-905B(2)], and mailed notice and electronic notice to any owner of a tract or parcel of land located with Rapho Township, or an owner of the mineral rights of a tract or parcel of land within Rapho Township who has made a timely request in accordance with Section 109 of the MPC,[1] has been given.
[1]
Editor's Note: See 53 P.S. § 10109.
(2)
Public notice. Before conducting a public hearing, the Township Board of Supervisors shall provide public notice as follows:
(a)
Notice shall be published once each week for two successive weeks in a newspaper of general circulation in Rapho Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days, and the second publication shall not be less than seven days from the date of the hearing. Publication of the proposed amendment shall include either the full text thereof or the title and brief summary, prepared by the Township Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
[1]
A copy of the full text shall be supplied to a newspaper of general circulation in Rapho Township at the time the public notice is published; and
[2]
An attested copy of the proposed ordinance shall be filed in the County Law Library or other county office designated by the Lancaster County Board of Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
(b)
Official Zoning Map amendments.
[1]
Public notice shall also include the posting of a sign at conspicuous locations along the perimeter of the subject property deemed sufficient by the Township of Rapho to notify potentially interested citizens. This sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time and location of the hearing. The sign posting requirement shall not apply when the rezoning constitutes a comprehensive rezoning.
[2]
In addition, notice of the public hearing shall be sent by first-class mail by the Township of Rapho at least 30 days prior to the date of the public hearing by first-class mail to the addressees to which real estate tax bills are sent for real property to be rezoned, as evidenced by the tax records within possession of the Township of Rapho. Such notice shall include the location, date and time of the public hearing. The first-class mail notice requirement shall not apply when the rezoning constitutes a comprehensive rezoning.
(c)
For curative amendments, public notice shall also indicate that the validity of this chapter and/or Official Zoning Map is in question, and shall give the place where, and the times when, a copy of the request, including any plans, explanatory material or proposed amendments, may be examined by the public.
(d)
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Township Board of Supervisors shall hold another public hearing, pursuant to public notice, and mailed notice and electronic notice to any owner of a tract or parcel of land located with Rapho Township, or an owner of the mineral rights of a tract or parcel of land within Rapho Township who has made a timely request in accordance with Section 109 of the MPC,[2] before proceeding to vote on the amendment.
[2]
Editor's Note: See 53 P.S. § 10109.
(3)
Enactment notice. The Township Board of Supervisors must publish a reference to the time and place of the meeting at which passage of this chapter or amendment will be considered, and a reference to a place within the Township of Rapho where copies of the proposed ordinance or amendment may be examined without charge, or obtained for a charge not greater than the cost thereof. Enactment notice shall be published at least once in one newspaper of general circulation in Rapho Township not more than 60 days nor less than seven days prior to passage. The published content of the enactment notice shall be the same as that required for public notice described in the subsection above relating to public notice [§ 350-905B(2)] and may be published as part of them same notice.
(4)
Township Planning Commission referrals.
(a)
For amendments proposed by parties other than the Township Planning Commission, the Township Board of Supervisors shall submit each amendment to the Township Planning Commission at least 30 days prior to the public hearing on such amendment.
(b)
A report of the review by the Township Planning Commission, together with any recommendations, may be given to the Township Board of Supervisors within 30 days from the date of said referral. The recommendation of the Township Planning Commission may include a specific statement as to whether or not the proposed action is in accordance with the intent of this chapter and the most recent version of the Comprehensive Plan adopted by the Township of Rapho.
(5)
LCPC referrals. All proposed amendments shall be submitted to the LCPC at least 30 days prior to the public hearing on such amendments. The Commission may submit recommendations to the Township Board of Supervisors; however, if the LCPC fails to act within 30 days, the Township Board of Supervisors may proceed without its recommendations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6)
Adjournment of public hearing. If, during the public hearing process, the Township Board of Supervisors needs additional time to understand the proposal, inform the public, receive public comment, and/or render a decision, it may adjourn the public hearing to a certain time and place.
(7)
Copies of adopted amendments. Within 30 days after enactment, a copy of the amendment to this chapter and/or Official Zoning Map shall be forwarded to the LCPC.
C.
Amendments initiated by the Township Planning Commission. When an amendment, supplement, change, or repeal is initiated by the Township Planning Commission, the proposal shall be presented to the Township Board of Supervisors which shall then proceed in the same manner as with a petition to the Township Board of Supervisors which has already been reviewed by the Township Planning Commission.
D.
Amendment initiated by the Township Board of Supervisors. When an amendment, supplement, change, or repeal is initiated by the Township Board of Supervisors, such amendment, supplement, change, or repeal shall follow the procedure prescribed for a petition in the subsection above relating to hearing and enactment procedures for zoning amendments (§ 350-905B).
E.
Amendment initiated by a petition from an interested party.
(1)
A petition for amendment, supplement, change, or repeal for a portion of this chapter shall include the following:
(a)
Name and address of landowner.
(b)
Name and address of landowner's professional consultants involved in the rezoning request.
(c)
Address and tax parcel identification number of tracts or parcel of land to be considered for rezoning.
(d)
An accurate legal description of any land to be rezoned.
(e)
Existing zone and the proposed zone.
(f)
Existing use of the land and/or buildings and the proposed use of the land and/or buildings.
(g)
Existing and proposed utilities serving the property, especially water and sewer.
(h)
A legibly drawn to scale plot/site plan of the lot on a minimum eight-and-one-half-inch-by-eleven-inch sheet size showing the following:
[1]
Property lines, actual dimensions, and shape of lot to be built upon.
[2]
Location on the lot of buildings, structures, and areas of land use, existing and/or proposed, and extensions thereto.
[3]
Minimum yard setback lines.
[4]
Location of lot access, curb cuts, access drives, and driveways.
[5]
Off-street parking and loading spaces and access thereto.
[6]
General description of the existing land uses adjacent to the property, including across the street.
[7]
Current zone of properties adjacent to the property, including across the street.
[8]
Watercourses and bodies of water.
(i)
A schematic architectural drawing of the principal building's building facade.
(j)
A detailed description of:
[1]
Why the proposed amendment would be in the best interests of Rapho Township.
[2]
How the proposed amendment is in accordance with the intent of this chapter.
[3]
How the proposed amendment furthers the objectives of the most recent version of the Comprehensive Plan or other applicable plan adopted by the Township of Rapho.
(2)
The petition shall also be signed by at least one record owner of the property in question whose signature shall be notarized attesting to the truth and correctness of all the facts and information presented in the petition. A fee to be established by the Township Board of Supervisors shall be paid upon the filing of such petition for change and for the purpose of defraying the costs of the proceedings prescribed herein. The Township of Rapho reserves the right to require duplicate sets of petition materials and request additional information in order to evaluate the applicability of the petition.
F.
Curative amendment by a landowner. A landowner, who desires to challenge on substantive grounds the validity of this chapter or the Official Zoning Map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest, may submit a curative amendment to the Township Board of Supervisors (including all of the reasons supporting the request to be considered) with a written request that his challenge and proposed amendment be heard and decided, as provided in Sections 609.1. and 916.1 of the MPC.[3] The Township Board of Supervisors shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Township Planning Commission and the LCPC, as provided for in the subsection above relating to hearing and enactment procedures for zoning amendments (§ 350-905B), and public notice of the hearing shall be provided as described in the subsection above relating to public notice [§ 350-905B(2)].
(1)
In reviewing the curative amendment, the Township Board of Supervisors may deny the request, accept the request as submitted, or may adopt an alternative amendment which will cure the challenged defects. The Township Board of Supervisors shall consider the curative amendments, plans and explanatory material submitted by the landowner, and shall also consider;
(a)
The impact of the proposal upon roads, sewer facilities, water supplies, schools, and other public service facilities.
(b)
If the proposal is for a residential use, the impact of the proposal upon regional housing needs, and the effectiveness of the proposal in providing housing units of a type actually available to, and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or Official Zoning Map.
(c)
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources, and other natural features.
(d)
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources, and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.
(e)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(2)
The Township Board of Supervisors shall render its decision within 45 days after the conclusion of the last hearing.
(3)
If the Township Board of Supervisors fails to act on the landowner's request within the time limits referred to in the subsection immediately above [§ 350-905F(2)], a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
(4)
Public notice of the hearing shall include notice that the validity of this chapter or Official Zoning Map is in question and shall give the place where, and the times when, a copy of the request, including any plans, explanatory material or proposed amendments, may be examined by the public.
(5)
The challenge shall be deemed denied when:
(a)
The Township Board of Supervisors fails to commence the hearing within 60 days.
(b)
The Township Board of Supervisors notifies the landowner that it will not adopt the curative amendment.
(c)
The Township Board of Supervisors adopts another curative amendment which is unacceptable to the landowner; or
(d)
The Township Board of Supervisors fails to act on the request 45 days after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and the Township of Rapho.
(6)
Where, after the effective date of the MPC, a curative amendment proposal is approved by the grant of a curative amendment application by the Township Board of Supervisors pursuant to this subsection relating to curative amendment by a landowner (§ 350-905F), or a validity challenge is sustained by the Township Zoning Hearing Board pursuant to Article VIII of this chapter relating to substantive in challenges to the validity of this chapter in Zoning Hearing Board's functions (§ 350-805A), or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval for a subdivision and/or land development, or planned residential development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision and land development, or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of Section 508(4) of the MPC shall apply.[4]
[4]
Editor's Note: See 53 P.S. § 10508(4).
(7)
Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further application under the SLDO, the developer shall have one year within which to file for a zoning permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision and/or land development, or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.
[3]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1, respectively.
G.
Curative amendment by the Township Board of Supervisors.
(1)
The Township Board of Supervisors, by formal action, may declare this chapter 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 Township Board of Supervisors shall:
(2)
Within 180 days from the date of the declaration and proposal, the Township Board of Supervisors shall enact a curative amendment to validate or reaffirm the validity of this chapter pursuant to the provisions required by Section 609 of the MPC[5] in order to cure the declared invalidity of this chapter.
[5]
Editor's Note: See 53 P.S. § 10609.
(3)
Upon the date of the declaration and proposal, the Township Board of Supervisors shall not be required to entertain or consider any curative amendment filed by a landowner. Nor shall the Township Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of this chapter under Article VIII of this chapter relating to substantive in challenges to the validity of this chapter in Zoning Hearing Board's functions (§ 350-805A), subsequent to the declaration and proposal, based upon the grounds identical to, or substantially similar to, those specified in the resolution required by this subsection relating to curative amendment by the Township Board of Supervisors (§ 350-905G). Upon the enactment of a curative amendment to, or the reaffirmation of the validity of, this chapter, no rights to a cure by amendment or challenge shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which the Township Board of Supervisors propose to prepare a curative amendment.
(4)
The Township Board of Supervisors, having utilized the procedures as set forth in this subsection relating to curative amendment by the Township Board of Supervisors (§ 350-905G), may not again utilize said procedures for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of this chapter; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township of Rapho by virtue of a decision by any court of competent jurisdiction, the Township Board of Supervisors may utilize the provisions of this subsection relating to curative amendment by the Township Board of Supervisors (§ 350-905G) to prepare a curative amendment to this chapter to fulfill this duty or obligation.
H.
Authentication of Official Zoning Map. Whenever there has been a change in the boundary of a zone or a reclassification of the zone adopted in accordance with the above, the change on the Official Zoning Map shall be made, and shall be duly certified by the Township Secretary, and shall thereafter be refiled as part of the permanent records of the Township of Rapho.
I.
Amendment request format. Any applicant requesting an amendment to this chapter and/or Official Zoning Map shall submit information about such request that complies with this chapter and justifies the request. In addition, the applicant must submit, in a format that can be adopted by the Township Board of Supervisors, the necessary amendments that make most recent version of the Comprehensive Plan adopted by the Township of Rapho, generally consistent with the requested amendment.
§ 350-906 Conditional uses.
A.
Filing of requirements for conditional use. The Township Board of Supervisors shall hear and act upon applications for conditional uses, specifically authorized by this chapter. The granting of a conditional use shall be subject to the following standards and criteria. The applicant for a conditional use shall demonstrate, by credible evidence, compliance with these criteria and those criteria specified elsewhere in this chapter for the use in question. The conditional use application shall include the following:
(1)
Ground-floor plans and schematic architectural drawing of the principal building's facade and elevations of proposed structures.
(2)
Names and addresses of adjoining property owners including properties directly across a public right-of-way.
(3)
Plot/site plan. Unless otherwise required in Article VI of this chapter, a legibly drawn to scale plot/site plan of the lot including the following, shall be submitted:
(a)
Project name or identifying title.
(b)
Name and address of the tract owner and applicant.
(c)
Name of the individual and/or the firm that prepared the plan.
(d)
Location map, drawn to scale, relating the tract to existing streets and municipal boundaries within 1,000 feet of the property.
(e)
The entire tract boundary with bearing and distances.
(f)
Names of all immediately adjacent landowners, and recorded plan name and record book numbers.
(g)
North point, graphic scale, written scale, and date.
(h)
Site data. Site data shall include the following:
(j)
All existing land uses and lot lines within 200 feet of the proposed tract, including the location of all:
(k)
Existing topographic information.
[1]
See Table 9-6.1 in this subsection below for the existing contour and slope interval requirements:
Table 9-6.1 Existing Topographic Information | |
|---|---|
Contour Interval | Slope Range |
1 foot | 0% to 3.0% |
2 foot | 3.01% to 20.0% |
5 foot | 20.1% and greater |
[2]
Lancaster County GIS topography can be utilized to show existing contours.
(l)
Proposed lot configurations.
(m)
Proposed location and design of circulation, parking, and loading systems.
(n)
Proposed location, type, number, and density/intensity of proposed residential and nonresidential uses and buildings.
(o)
Proposed utilities, including water and sewer systems.
(p)
Proposed landscaping and screening plan.
(q)
Conceptual stormwater management design.
(r)
Phasing plan, if applicable.
(4)
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
B.
General criteria. Each applicant must demonstrate, by credible evidence, the proposed use complies with the following:
(1)
The proposed use shall be consistent with the purpose and intent of this chapter, and such use is specifically authorized as a use by conditional use within the zone wherein the applicant seeks approval.
(2)
The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties.
(3)
The proposed use will not substantially cause a change in the character of the subject property's neighborhood, nor adversely affect the character of the general neighborhood, the conservation of property values, the health and safety of residents or workers on adjacent properties and in the neighborhood, nor the reasonable use of neighboring properties. The use of adjacent properties shall be adequately safeguarded.
(4)
Adequate public facilities are available to serve the proposed use and the proposed use shall not have an adverse effect upon the logical and economic extension of such public services and facilities (e.g., schools; fire, police and ambulance protection; sewer, water, and other utilities; parks and recreation; solid waste disposal; vehicular access, etc.).
(5)
The proposed use will not have deleterious impact on adjoining properties or the neighborhood due to impacts and/or by-products of the proposed use, such as noise, dust, odor, smoke, litter, glare, heat, radiation, electromagnetic interference, etc.
(6)
The proposed use will not substantially impair the integrity of the most recent version of the Comprehensive Plan adopted by the Township of Rapho.
C.
Specific criteria.
(1)
(2)
In addition, the proposed use must comply with all other applicable general and specific requirements and regulations of in this chapter.
D.
Conditions. The Township Board of Supervisors, in approving conditional use applications may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Township Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article IX of this chapter.
E.
Plot/site plan approval. Any plot/site plan presented in support of the conditional use pursuant to the subsection above relating to filing requirements for conditional use (§ 350-906A) shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted plot/site plan; therefore, should a change in the plot/site plan be required as part of the approval of the use, the applicant shall revise the plot/site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved plot/site plan shall require the obtainment of another conditional use approval.
G.
Hearing procedures.
(1)
Before voting on the approval of a conditional use, the Township Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. If, after any public hearing held upon an application, the proposed application is revised, the Township Board of Supervisors, or Hearing Officer, shall hold another public hearing, pursuant to public notice, before proceeding to vote on the application. As an alternative, the Township Board of Supervisors may appoint any one of its members, or an independent attorney, to act as a Hearing Officer. The decision, or, where no decision is called for, the findings shall be made by the Township Board of Supervisors; however, the appellant or the applicant, as the case may be, in addition to the Township of Rapho, may, prior to the decision of the hearing, waive the decision or findings by the Township Board of Supervisors and accept the decision or findings of the Hearing Officer as final.
(2)
The Township Board of Supervisors shall submit each such application to the Township Planning Commission at least 30 days prior to the hearing on such application to provide the Township Planning Commission an opportunity to submit recommendations.
(3)
Public notice and written notice shall be given to the applicant, the Township Zoning Officer, such other persons as the Township 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 shall be prescribed by ordinance or, in the absence of the ordinance provision, by rules of the Township Board of Supervisors. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing, and will exhibit the nature, date, time, and location of the hearing.
(4)
The Township Board of Supervisors may prescribe reasonable fees with respect to hearings. Fees for said hearings may include compensation for the secretary, notice and advertising costs, and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses, expenses for engineering, architectural, or other technical consultants, or expert witness costs.
(5)
The parties to the hearing shall be the Township of Rapho, any person affected by the application who has made timely appearance of record before the Township Board of Supervisors or Hearing Officer, and any other person, including civic or community organizations permitted to appear by the Township Board of Supervisors or Hearing Officer. The Township Board of Supervisors or Hearing Officer shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Township Board of Supervisors or Hearing Officer for that purpose.
(6)
The Chairman or Acting Chairman of the Township Board of Supervisors or Hearing Officer 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.
(7)
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.
(8)
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(9)
The Township Board of Supervisors or Hearing Officer may keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Township Board of Supervisors. The cost of the original transcript shall be paid by the Township Board of Supervisors if the transcript is ordered by the Township Board of Supervisors or Hearing Officer, or shall be paid by the person appealing the decision of the Township Board of Supervisors or Hearing Officer 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.
(10)
The Township Board of Supervisors or Hearing Officer shall not communicate, directly or indirectly, with any party or his representative in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from 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 his representative, unless all parties are given an opportunity to be present.
(11)
The Township Board of Supervisors shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Township Board of Supervisors. However, the applicant and the Township of Rapho, may, prior to the decision of the hearing, waive the decision or findings by the Township Board of Supervisors and accept the decision or findings of the Hearing Officer as final. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of the MPC or 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 the light of the facts found.
(12)
Where the Township Board of Supervisors or Hearing Officer fails to render the decision within the period required by the subsection immediately above [§ 350-906G(11)], or fails to commence the required hearing within 60 days from the date of the applicant's request for a hearing, or fails to complete the hearing no later than 100 days after completion of the applicant's case in chief, unless extended for good cause upon application to the Court of Common Pleas, 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 Township Board of Supervisors or Hearing Officer to meet or render a decision as in provided, the Township Board of Supervisors or Hearing Officer shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of the MPC. If the Township Board of Supervisors or Hearing Officer shall fail to provide such notice, the applicant may do so.
(13)
Nothing in the subsection above relating to hearing procedures (§ 350-906G) shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. 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 no later than the day following its date.
H.
Time limitation on conditional use decisions.
(1)
For uses that do not require subsequent subdivision and/or land development approval under the SLDO:
(a)
If the conditional use is granted, the necessary zoning permit shall be secured and the authorized action begun within two years after the date when the conditional use is finally granted, and the construction or alteration, as the case may be, shall be completed within three years of said date. For good cause, the Township Board of Supervisors, upon application in writing, may extend either of the two-year or three-year time period limitation, as applicable, stating the reason for extending such time period.
(b)
Should the appellant or applicant fail to obtain the necessary zoning permit within said two-year time period limitation, or having obtained the zoning permit, should he fail to commence work thereunder within such two-year time period limitation, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his appeal or his conditional use application, and all approvals granted to him shall be deemed automatically rescinded by the Township Board of Supervisors.
(c)
Should the appellant or applicant commence construction or alteration within said two-year time period limitation, but should he fail to complete such construction or alteration within said three-year time period limitation, the Township Board of Supervisors may, upon 10 days' notice in writing, rescind or revoke the granted conditional use, or if the Township Board of Supervisors finds that a good cause appears for the failure to complete within such three-year time period limitation.
(2)
For uses that require subsequent subdivision and/or land development approval under the SLDO:
(a)
If a conditional use is granted, the applicant shall be required to submit the subsequent subdivision and/or land development application within two years after the date when the conditional use is finally granted, and the applicant shall have secured a zoning permit for such use within five years of said date. For good cause, the Township Board of Supervisors may upon application in writing, state the reasons therefore and extend either the two-year or five-year time period limitation.
(b)
Should the appellant or applicant fail to submit the subsequent subdivision and/or land development application within the two-year time period limitation, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his conditional use application, and all approvals granted to him shall be deemed automatically rescinded by the Township Board of Supervisors.
(c)
Should the appellant or applicant submit the subsequent subdivision and/or land development application within said two-year time period limitation, but should he fail to secure a zoning permit for such use within said five-year time period limitation, the Township Board of Supervisors may, upon 10 days' notice in writing, rescind or revoke the granted conditional use approval, if the Township Board of Supervisors finds that no good cause appears for the failure to secure a zoning permit within such five-year time period limitation.
(3)
As an alternative to the preceding requirements set forth in the subsections above relating to time limitations on conditional use decisions (§ 350-906H), an applicant can request, as part of the original application before the Township Board of Supervisors, the granting of a timetable associated with the request which would supersede the time period limitations imposed in this subsection above relating to time limitations on conditional use decisions (§ 350-906H). In so doing, the applicant must demonstrate by credible evidence that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this subsection, the Township Board of Supervisors must establish and bind a definite time frame for:
§ 350-907 Mediation option.
A.
Parties to proceedings before the Township Board of Supervisors may utilize mediation as an aid in completing such proceedings. In no case shall the Township Board of Supervisors, initiate, mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in Article IX of this chapter once they have been formally initiated.
B.
Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. The Township of Rapho shall ensure that, in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
(3)
Completing mediation, including time limits for such completion.
(4)
Suspending time limits otherwise authorized by the MPC, provided there is written consensus by the mediating parties, and by an applicant or municipal decision making body if either is not a party to the mediation.
(5)
Identifying all parties and affording them the opportunity to participate.
(6)
Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decision making body pursuant to the authorized procedures set forth in the MPC.
C.
No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.
§ 350-908 Repealer.
Any resolution, ordinance or part of any resolution or ordinance inconsistent herewith and any amendments thereof are hereby expressly repealed.
§ 350-909 Severability.
Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
§ 350-910 When effective.
This chapter shall become effective five days after its enactment by the Board of Supervisors of Rapho Township, County of Lancaster, Commonwealth of Pennsylvania.