Smithfield Township
City Zoning Code
City Zoning Code
PART 7
ADMINISTRATION AND ENFORCEMENT
§ 27-701 Appointment and Powers of Zoning Officer.
[Ord. 187, 4/18/2008]
1.
For the administration of this Chapter, a Zoning Officer, who shall not hold any elective office in the Township, shall be appointed.
2.
The Zoning Officer shall meet the qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning.
3.
The Zoning Officer shall administer this Chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this Chapter.
4.
The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.
5.
Duties and Powers. The Zoning Officer shall receive and examine all applications for zoning permits and shall issue or deny a zoning permit in accordance with the provisions of this Chapter. The Zoning Officer shall have the right at any reasonable hour and after giving appropriate notice, to make an inspection of buildings or land necessary for the proper execution of his duties and shall issue a written notice of violation to any person, firm or corporation violating any provision of this Chapter. He shall keep records of applications for permits issued and denied, of notices issued for violations, of inspections made, of complaints received and other pertinent matters, a summary record of which shall be transmitted monthly to the Secretaries of the Board of Supervisors and the Zoning Hearing Board.
§ 27-702 Zoning Permits.
[Ord. 187, 4/18/2008]
1.
Purpose. The purpose of the zoning permit is to determine compliance with the provisions of this Chapter, and no person shall erect, convert or structurally alter any structure or part thereof, nor alter the use of any land, subsequent to the adoption of this Chapter, until a zoning permit has been issued by the Zoning Officer. After a zoning permit has been issued, the applicant may proceed to undertake the action permitted by the permit and upon completion of such action, shall apply to the Zoning Officer for a certificate of compliance.
2.
Applications for Zoning Permits.
A.
All applications for zoning permits shall be in writing, on forms to be furnished by the Zoning Officer.
B.
Zoning permit applications and all supporting documentation shall be made in triplicate and submitted to the Zoning Officer with the required fee.
C.
Upon the issuance of a zoning permit the Zoning Officer shall return one copy of all filed documents to the applicant and forward one copy to the County Tax Assessor. In the event the application is denied, reasons for such denial shall be transmitted to the applicant in writing.
D.
Any zoning permit shall expire if construction has not commenced within six months after the date of issuance, or has not been completed within three years from said date, unless an extension, not to exceed six months, is authorized in writing by the Zoning Officer.
§ 27-703 Permit Application Procedures for Permitted Uses.
[Ord. 187, 4/18/2008; as amended by Ord. 192, 11/20/2008; and by Ord. 237, 7/28/2020]
1.
All applications submitted to the Zoning Officer for a zoning permit involving a permitted use, as designated by this Chapter, shall be in triplicate and in compliance with this Section. A zoning permit for a permitted use shall be issued or denied by the Zoning Officer on his own authority within 30 days after the filing of a complete and properly prepared application.
2.
Every application for a zoning permit shall contain the following information and be accompanied by the required fee and by a plot plan drawn to scale and signed by the person responsible for such drawing.
A.
The actual shape, dimensions, radii, angles and area of the lot on which the structure is proposed to be erected, or of the lot in which it is situated if an existing structure.
B.
The block and lot numbers as they appear on the latest tax records.
C.
The exact size and locations on the lot of the proposed structure or structures or alteration of an existing structure and of other existing structures on the same lot.
D.
The dimensions of all yards in relation to the subject structure and the distances between such structure and any other existing structures.
E.
The existing and intended use of all structures, existing or proposed, the use of land, the number of dwelling units the structure is designed to accommodate.
F.
Such topographic or other information with regard to the structure, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this Chapter.
G.
All applications for zoning permits in an ED or M-1 Zoning District shall include the following:
(1)
Site development plans.
(2)
Approval of soil erosion plans from the Monroe County Soil Conservation District.
(3)
Approval from the Department of Labor and Industry for all building regulations.
(4)
Review and comment by the Township Engineer of the site development plan and its compliance with § 27-705 of this Chapter.
(5)
Review by Planning Commission and Supervisors if developed with multiple buildings or lot is five acres or greater.
§ 27-704 Permit Application Procedures for Conditional Uses.
[Ord. 187, 4/18/2008]
1.
All applications for a public hearing involving a conditional use as designated by this Chapter shall be submitted to the Zoning Officer and shall be processed in accordance with the following:
A.
Submission of an application for a public hearing on a conditional use shall be comprised of the following:
(1)
One application for a public hearing complete and properly prepared. Forms furnished by the Township.
(2)
Ten copies of a tentative site development plan of the conditional use.
(3)
Ten copies of a statement of purpose and extent of the conditional use.
(a)
This statement should outline in detail the conditional use, any future changes and present and future ownership.
(4)
Ten copies of any other requests for variance or waivers that may be necessary, including the reasons therefore.
(5)
Ten copies of any other information or data the applicant may deem necessary or desirable to be submitted.
(6)
Should a conditional use consist of or include any real property lying within a distance of 500 feet from the boundary of any adjoining Township or Borough, two additional copies of all documents and information shall be submitted.
B.
The submission date of the conditional use application and transmittal of the submitted material by the Zoning Officer shall be as follows:
(1)
The submission date of a conditional use application shall be when the Township Zoning Officer has determined that the application is complete and all required documents and information has been submitted and the required fee has been paid.
(2)
The Zoning Officer through the Board of Supervisors shall determine the date of the public hearing and shall enter that date on the said application form along with the dates of the public notice which shall be advertised as follows:
(a)
“Public notice” shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. 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.
1)
The Zoning Officer shall conspicuously post a copy of the “public notice” on the affected tract of land at least seven days prior to the date of the hearing.
2)
Such notice shall state the time and place of the hearing and the particular nature and location of the matter to be considered at the hearing.
3)
A copy of the application form with the above dates along with a copy of the “public notice” and a cover letter requiring attendance at the public hearing and Planning Commission review date shall be forwarded to the applicant by certified mail with a return receipt requested within 30 days of the submission date.
(3)
Within 10 days of the submission date the Zoning Officer shall transmit one copy of the application form and one copy of all supporting data and information to the following:
(a)
Each member of the Board of Supervisors.
(b)
Solicitor to the Board of Supervisors.
(c)
The Secretary of the Township (this copy for public inspection)
(d)
Solicitor to the Township Planning Commission.
(e)
The Planning Commission’s Engineer along with a request for a review and report to be submitted to the Planning Commission. The submittal to the Engineer must be at least 10 days prior to the regularly scheduled or special meeting at which the conditional use is to be considered by the Planning Commission.
(f)
The final three copies to the Planning Commission members, along with a request for comments and recommendations.
(g)
Should any site development plan involve any of the areas specified in Part 9, § 27-901, Subsection 2, the Zoning Officer shall transmit to the Secretary of the Monroe County Planning Commission a copy of said information within 10 days of the receipt thereof with a request for comments. The County Planning Commission shall report its opinions, findings and recommendations to the Zoning Officer within 30 days. Failure to do so shall constitute a favorable opinion of said site development plan by the County Commission.
C.
Commission Review. In reviewing a site development plan for a conditional use hearing, the Commission shall take into consideration the design, location and adequacy of traffic access, parking, landscaping, screening, illumination, and necessary public services and facilities and similar factors relating to the health, safety, welfare, comfort, and convenience of the public in general and of the residents of the immediate neighborhood in particular.
D.
Commission Action. Within 30 days of the filing of the application with the Zoning Officer, the Commission shall act to recommend to the Supervisors, in writing, that the site development plan be approved, approved with modifications or disapproved, Failure on the part of the Commission to act within 30 days shall be construed as a favorable recommendation of the Commission.
E.
Supervisors Action. The Township Board of Supervisors shall, after appropriate “public notice,” conduct public hearings and make decisions and findings in accordance with the following:
(1)
All hearings shall be held as advertised. Testimony shall be taken under oath.
(2)
The Board shall not communicate directly or indirectly with any party or his representative(s) 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 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 the hearings with any party or his representative unless all parties are given the opportunity to be present.
(3)
The parties to the hearing shall be the Township, any person affected by the application who has made timely request for appearance of record before the Board and any other person, including civic and community organizations permitted to appear by the Board.
(4)
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.
(5)
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(6)
The Board shall keep a stenographic record of the proceedings. A transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
(7)
At any time prior to the last hearing date the Board of Supervisors may refer submittal documents of a conditional use application or evidence ascertained at a public hearing back to the Planning Commission for review. Should the Supervisors refer evidence or documents back to the Planning Commission for their review, the Planning Commission shall act within 30 days of the request or by the date of the last hearing, whichever occurs first.
(8)
The Board shall render a written decision on the application within 45 days after the last hearing before the Board. The Supervisors shall review the recommendations of the Commission and transmit an order, in writing, to the Zoning Officer to approve, approve with modifications or conditions, or disapprove the application for a zoning permit for a conditional use.
(a)
When the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore. Conclusions based on any provision of the Pennsylvania Municipalities Planning Code, this Chapter or of any other Township Ordinance, rule or regulation shall contain a reference to the provisions relied on and the reasons why the conclusion is deemed to be appropriate in the light of the facts found.
(b)
Where the Board fails to render the decision within the time period required by this subsection, or fails to hold the required hearing within 60 days from the date of the applicant’s request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing 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 Township shall give public notice of the said decision within 10 days to the public, the applicant, the Zoning Officer, and to any person, civic or community organization who has made timely request for notice. |
(9)
Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(10)
A copy of the final decision shall be delivered to the applicant personally or mailed to him by certified mail not later than the day following its date.
(a)
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 and a statement of the place at which the full decision or findings may be examined.
F.
Zoning Officer’s Action. All zoning permits for a conditional use as granted by the Board of Supervisors shall be issued, rejected or denied by the Zoning Officer in accordance with the following procedures:
(1)
An application for a zoning permit for a granted conditional use shall be issued to the applicant within 30 days after the submission date of the said application.
(2)
If the Zoning Officer finds the permit application complete and correct in all aspects of the granted conditional use, he shall approve and endorse the said application and when a site or plot plan has been submitted, endorse one copy of the said site or plot plan.
(3)
One copy of the endorsed application, the endorsed site plan or plot plan, when applicable, and a completed and signed job placard shall be returned to the applicant.
(a)
The signed job placard must be conspicuously displayed on the job site during all phases of construction of the permitted conditional use.
(4)
One copy of the endorsed application form shall be forwarded to the Monroe County Tax Assessment Office.
(5)
If the zoning permit application is incomplete, and/or incorrect, the application shall be rejected with the reasons for the rejection stated thereon or attached thereto.
§ 27-705 Site Development Plan Review.
[Ord. 187, 4/18/2008; Ord. 192, 11/20/2008; Ord. 237, 7/28/2020; Ord. No. 255, 5/27/2025; Ord. No. 258, 9/23/2025]
1.
Purpose and Procedure.
A.
Site Plan Requirements. The following information shall be included on any site plan connected with land development and conditional use, or special exception use application, provided that the Township Board of Supervisors, or the Township Zoning Hearing Board, respectively, may waive a particular requirement where the size or scope of a project would render the data inapplicable or unnecessary. The purpose of the site plan is to evaluate the ability of the project to meet the conditional or special exception use criteria contained herein and not necessarily to give final approval if further submissions under the Township's Subdivision and Land Development Ordinance Chapter 22] or other Township ordinances are required. The following information shall be included on the site plan:
(1)
A detailed narrative description or statement as to the proposed use of the building or land.
(2)
A site layout drawn to a scale of not less than one inch equals 100 feet showing the location, dimensions and area of each lot, the location, dimensions and height of proposed buildings, structures, streets, roads, and any existing buildings in relation to property and street lines. If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
(3)
The location, dimensions and arrangements of all open spaces and yards, landscaping, fences and buffer yards, including methods and materials to be employed for screening. Landscaping information shall be sufficiently detailed and illustrative to determine compliance with § 27-502, Subsection 7, hereof and the buffering and screening requirements contained herein, although final landscaping plans can be deferred to the land development stage of approval. The Township Board of Supervisors may require the use of a registered landscape architect to prepare such plans for the conditional use and land development applications. The Township Zoning Hearing Board may require the use of a registered landscape architect to prepare such plans for special exception use applications.
(4)
The location, size, arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading, and provisions to be made for lighting such areas in conformance with the regulations in Chapter 32, Outdoor Lighting Standards.
(5)
The types, dimensions, locations, and methods of exterior lighting as per the regulations in Chapter 32, Outdoor Lighting Standards, and the types, dimensions, locations, landscaping and methods of illumination for project signage.
(6)
The location, surfacing and dimensions of sidewalks, trails and all other areas to be devoted to pedestrian use.
(7)
Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage.
(8)
The capacity and arrangement of all buildings used or intended to be used for dwelling and other purposes, including information on total land area, area to be reserved in common open space, density, maximum building coverage, total area to be covered with impervious surfaces and other information which will assist the Commission in determining compliance with this Chapter.
(9)
A description of any proposed use in sufficient detail with regard to traffic generation to permit the Commission to determine compliance with the performance and traffic impact requirements set forth in § 27-404. Traffic studies required hereunder and by the Pennsylvania Department of Transportation (PennDOT) shall also be submitted. All such studies, regardless of location on state or Township roads, shall meet PennDOT's requirements as well as the Township's, excepting that the requirements for projects accessing only Township roads may be modified by the Township Board of Supervisors in the case of conditional use permit applications or land development plans, or the Township Zoning Hearing Board in the case of special exceptions, on the recommendation of the Township Engineer. The Township may also require studies meeting the standards found in the Pennsylvania Municipalities Planning Code[1] for purposes of establishing transportation impact fees applicable to the project.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(10)
Site contours at two foot intervals.
(11)
A plan depicting all proposed site grading; drainage provisions; road, driveway and parking lot construction and proposals.
(12)
A key map showing the entire project and its relation to surrounding properties and existing buildings thereon.
(13)
Soils, slopes and floodplain delineations.
(14)
Certification by engineer or surveyor.
(15)
Certification of ownership and acknowledgment of plan signed by owner or developer.
(16)
Current zoning of the property proposed to be developed plus current zoning of all adjoining lands.
B.
Site Design Guidelines. The Township Planning Commission and Board of Supervisors in reviewing the site plan in the case of conditional use permit applications or land development plans, or the Township Planning Commission and Township Zoning Hearing Board in the case of special exceptions, shall consider its conformity to the Smithfield Township Comprehensive Plan and the various other plans, regulations and ordinances of the Township. Conservation features, aesthetics, landscaping and impact on surrounding development as well as on the entire Township shall be part of the review. Traffic flow, circulation and parking shall be reviewed to ensure the safety of the public and of the users of the facility and to ensure that there is no unreasonable interference with traffic on surrounding streets. The Board of Supervisors or Township Zoning Hearing Board shall further consider the following specific factors:
(1)
Building Design and Location. Building design and location should be suitable for the use intended and compatible with natural and man-made surroundings. New buildings, for example, should generally be placed along the edges and not in the middle of open fields. They should also be sited so as to not protrude above treetops or the crestlines of hills seen from public places and busy highways. Building color, materials and design should be adapted to surroundings as opposed to adaptation of the site to the building or the building to an arbitrary national franchise concept.
(2)
Large Commercial Buildings. Commercial facades of more than 100 feet in length should incorporate recesses and projections, such as windows, awnings and arcades, along 20% of the facade length. Variations in roof lines should be added to reduce the massive scale of these structures and add interest. All facades of such a building that are visible from adjoining streets or properties should exhibit features comparable in character to the front so as to better integrate with the community. Where such facades face adjacent residential uses, earthen berms planted with evergreen trees should be provided, Loading docks and accessory facilities should be incorporated in the building design and screened with materials comparable in quality to the principal structure. Sidewalks should be provided along the full length of any facade with a customer entrance and integrated into a system of internal landscape defined pedestrian walkways breaking up all parking areas.
(3)
Lighting and Signage. Improvements made to the property should not detract from the character of the neighborhood producing unnecessary sign proliferation and all outdoor lighting shall conform to the regulations in Chapter 32, Outdoor Lighting Standards. Recessed landscaped ground signs are preferred.
(4)
Parking and Accessory Buildings. Parking areas should be placed in the rear whenever possible and provide for connections with adjoining lots. Accessory buildings should also be located in the rear with access from rear alleys. If placement in the rear is not possible, parking lots should be located to the side with screening from the street.
(5)
Drainage Systems. Storm drainage, flooding and erosion and sedimentation controls should be employed to prevent injury to persons, water damage to property and siltation to streams and other water bodies.
(6)
Landscape Preservation. Trees, shrubs and other landscaping should be used to buffer or soften a use in terms of visual or other impacts on adjoining property owners. Impacts on other Township residents and visitors, on whom the local economy often depends, should also be considered. Existing landscape features such as stone walls, hedgerows, tree borders and individual large trees should be retained for this purpose and removal should be limited to the area of building or driveway construction unless additional sight-distance is required.
(7)
Driveway and Road Construction. Whenever feasible, existing roads onto or across properties should be retained and reused instead of building new, so as to maximize the use of present features such as stone walls and tree borders and avoid unnecessary destruction of landscape and tree canopy, Developers building new driveways or roads through wooded areas should reduce removal of tree canopy by restricting clearing and pavement width to the minimum required for safely accommodating anticipated traffic flows.
(8)
Construction on Slopes. The crossing of steep slopes with roads and driveways should be minimized and building which does take place on slopes should be multi-storied with entrances at different levels as opposed to regrading the site flat.
(9)
Tree Borders. New driveways onto principal thoroughfares should be minimized for both traffic safety and aesthetic purposes and interior access drives which preserve tree borders along highways should be used as an alternative. Developers who preserve tree borders should be permitted to recover density on the interior of their property through use of clustering.
(10)
Development at Intersections. Building sites at prominent intersections of new developments should be reserved for equally prominent buildings or features which will appropriately terminate the street vistas. All street corners should be defined with buildings, trees or sidewalks.
(11)
Streets and Sidewalks. Roads and drives that connect to existing streets on both ends are generally preferable to cul-de-sac and dead-end streets and shall ordinarily be used unless traffic safety issues will be mitigated by the use of a cul-de-sac or dead end street. Streets within more densely developed residential areas (two or more units per acre) should be accompanied by on-street parking and a sidewalk on at least one side of the street. Sidewalks should also be provided in connection with new commercial development adjacent to residential areas and pedestrian access should be encouraged.
(12)
Setbacks. New buildings on a street should conform to the dominant setback line and be aligned parallel to the street so as to create a defined edge to the public space.
C.
The Board of Supervisors, in acting upon the site development plan and conditional use permit application, or the Zoning Hearing Board, in acting upon a special exception use permit application, shall take into consideration not only the criteria contained above, but also the following:
(1)
Whether the proposed use will have a detrimental or positive impact on adjacent properties. A new use should not produce a significant negative impact on the property values of adjacent properties nor should it create potential nuisance impacts related to noise, odors, vibrations or glare.
(2)
If the proposed use is one judged to present detrimental impacts, whether an approval could be conditioned in such a manner as to eliminate or substantially reduce those impacts.
(3)
Whether the use will have a positive or negative effect on the environment, job creation, the economy, housing availability, open space preservation or any other factors which reasonably relate to the health, safety and general welfare of present or future residents of the Smithfield Township.
(4)
Whether the granting of an approval will cause an economic burden on community facilities or services including, but not limited to, highways, sewage treatment facilities, water supplies and firefighting capabilities. The applicant shall be responsible for providing such improvements or additional services as may be required to adequately serve the proposed use and any approval shall be so conditioned. The Township shall be authorized, subject to the limitations of the Pennsylvania Municipalities Planning Code, to request fees in support of such services where they cannot be directly provided by the applicant.
(5)
Whether the site plan indicates the property will be developed and improved in a way which is consistent with that character this Chapter and the Township’s Comprehensive Plan are intended to produce or protect, including appropriate landscaping and attention to aesthetics and natural feature preservation.
§ 27-706 Additional Conditional Use Requirements.
[Added by Ord. No. 249, 3/27/2023[1]]
In presenting an application for conditional use approval, the applicant shall (in addition to the other requirements of the Zoning Ordinance, i.e., Chapter 27, §§ 27-704 and 27-705) also establish:
1.
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
2.
The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, the number of shifts, the hours of operation, and overall site size.
3.
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, radiation, wastewater, stormwater, solid waste — this list is merely illustrative and not exhaustive) shall have specific measures employed to mitigate or eliminate any such negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances.
4.
The applicant shall present credible evidence that the number of off-street parking spaces provided for tractor trailer trucks will be adequate to accommodate the expected demand generated by the proposed use and its related activities.
§ 27-707 Causes of Action.
[Ord. 187, 4/18/2008]
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, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the compliant on the Board of Supervisors. No such action may be maintained until such notice has been given.
§ 27-708 Enforcement Notice.
[Ord. 187, 4/18/2008]
1.
If it appears to the Township that a violation of this Chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this Section.
2.
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
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 Township intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which have 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 period of 10 days.
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.
§ 27-709 Enforcement Remedies.
1.
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, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice, If the defendant neither timely pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating 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 district justice and thereafter each day that a violation continues shall constitute a separate violation.
2.
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 judgement.
3.
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.
4.
District justices shall have initial jurisdiction over proceedings brought under this Section.
§ 27-710 Zoning Permit Fees.
[Ord. 187, 4/18/2008]
Zoning permit fees, payable to the Township upon the filing of a zoning permit application, shall be in such amount as established, from time to time, by resolution of the Township Supervisors.
§ 27-711 Special Exception Uses.
[Ord. No. 254, 2/25/2025]
1.
Application Procedures for Special Exceptions. All applications for a public hearing involving a special exception use as designated by this Chapter shall be submitted to the Zoning Officer and shall be processed in accordance with the following:
A.
Submission of an application for a public hearing on a special exception use shall be comprised of the following:
(1)
One application for a public hearing complete and properly prepared. Forms furnished by the Township.
(2)
Six copies of a tentative site development plan of the special exception use.
(3)
Six copies of a statement of purpose and extent of the special exception use.
(a)
This statement should outline in detail the special exception use, any future changes and present and future ownership.
(4)
Six copies of any other requests for variance or waivers that may be necessary, including the reasons therefor.
(5)
Six copies of any other information or data the applicant may deem necessary or desirable to be submitted.
(6)
One full digital copy of all submitted documents, which may be submitted to the Township via USB flash drive, CD, or email.
(7)
Should a special exception use consist of or include any real property lying within a distance of 500 feet from the boundary of any adjoining Township or Borough, two additional copies of all documents and information shall be submitted.
B.
The submission date of the special exception use application and transmittal of the submitted material by the Zoning Officer shall be as follows:
(1)
The submission date of a special exception use application shall be when the Township Zoning Officer has determined that the application is complete and all required documents and information has been submitted and the required fee has been paid.
(2)
A public hearing shall be held within 60 days from the date of submission of the application unless the applicant has agreed in writing to an extension of time.
2.
Special Exception Use Requirements. In presenting an application for special exception use approval, the applicant shall (in addition to all requirements of the Zoning Ordinance, i.e., Chapter 27, § 27-705) also establish:
A.
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
B.
The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, the number of shifts, the hours of operation, and overall site size.
C.
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, radiation, wastewater, stormwater, solid waste — this list is merely illustrative and not exhaustive) shall have specific measures employed to mitigate or eliminate any such negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances.
D.
The applicant shall present credible evidence that the number of off-street parking spaces will be adequate to accommodate the expected demand generated by the proposed use and its related activities.
E.
A traffic study, prepared by a professional traffic engineer, shall be required as per the existing Zoning Ordinance.
3.
Conditions. In granting a special exception, the Zoning Hearing Board may require such reasonable conditions and safeguards (in addition to those expressed in this Chapter) as it determines are necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this Chapter.