Receive applications, process the same and issue permits for the erection, construction, alteration, repair, extension, replacement and/or use of any building, structure, sign and/or land in the Township.

At his or her discretion, examine or cause to be examined, all buildings, structures, signs and/or land or portions thereof for which an application has been filed for the erection, construction, alteration, repair, extension, replacement and/or use before issuing any permit. Thereafter, he or she may make such inspections during the completion of work for which a permit has been issued. Upon completion of the building, structure, sign and/or change, a final inspection shall be made and all violations of approved plans or permit shall be noted and the holder of the permit shall be notified of the discrepancies.

Keep a record of all applications received, all permits and certificates issued, reports of inspections, notices and orders issued and the complete recording of all pertinent factors involved. He or she shall file and safely keep copies of all plans permitted and the same shall form a part of the records of his or her office and shall be available for the use of the Board of Supervisors and other officials of the Township.

At his or her discretion, issue a sixty-day temporary permit to continue operation of a business after damage caused by fire, flood or similar natural or man-made emergency. The applicant must demonstrate to the Zoning Officer's satisfaction that it is safe to continue operations and must submit a restoration plan to the Zoning Hearing Board for consideration at the next Zoning Hearing Board meeting, as directed by the Zoning Officer.

Such portion or portions may be used and/or occupied safely prior to full completion of the work without endangering life or public welfare.

Guarantee of future performance must be filed with the Township assuring the installation and completion of all improvements required within this chapter and the Subdivision and Land Development Ordinance (Chapter 289), including but not limited to curbs, sidewalks, driveways, stormwater management facilities, landscaping and buffer yards and grading. Such written guarantee shall be secured to the Township by one of the following forms of financial security in an amount equal to 110% of the cost of the improvement:

Cost shall be determined by the applicant's professional engineer and, in the absence of such determination, cost shall be such amount as the Township Engineer shall estimate as of 90 days following the date scheduled for completion by the developer.

Upon installation or completion of the required improvements, the Township Engineer shall inspect the property to ensure the improvements were properly completed, at which point, the financial security shall be released to the developer within 30 days. In the event that the improvements are not completed within six months from the date of the temporary certificate of use and occupancy, then the Township shall cause any required improvements to be installed and completed and enforce against the financial security recovering the cost of the same by any appropriate legal or equitable remedy.

The name of the owner of record and any other person against whom the Township intends to take action.

The location of the property in violation.

The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the ordinance.

The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

That the recipient of the notice has the right to appeal to the Zoning Hearing Board within the prescribed period of time in accordance with procedures set forth in this chapter.

That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described. In case any building, structure, landscaping or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of any ordinance enacted under the Pennsylvania Municipalities Planning Code (MPC) or prior enabling laws, the Supervisors or, with the approval of the Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors of Springettsbury Township. No such action may be maintained until such notice has been given.

That failure to file an appeal and request a hearing before the Zoning Hearing Board will result in a deemed binding determination that a violation of this chapter exists, as stated within the enforcement notice.

In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.

Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Township if the Zoning Hearing Board or any court in a subsequent appeal rules in the appealing party's favor.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, determination or interpretation made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto.

To hear and decide special exceptions which may be authorized in this chapter. In addition to the express standards and criteria stated in Article XXIX, Permitted Uses Authorized by Special Exception or Conditional Uses, the Zoning Hearing Board should consider the following general provisions:

The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:

In exercising the above-mentioned powers, the Board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as believed proper. Notice of such decision shall forthwith be given to all parties in interest.

Unless expressly characterized as "permanent" in the Zoning Hearing Board's opinion, no special exception or variance shall create a nonconforming use or extend to anyone other than the person seeking such special exception or variance and their heirs, successors or assigns.

Any filing fee paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Township if the Zoning Hearing Board or any court in a subsequent appeal rules in the appealing party's favor.

The name and address of the appellant.

The name and address of the owner of the real estate to be affected by such proposed exception or variance.

A brief description and location of the real estate to be affected by such proposed change.

A statement of the present zoning classification of the real estate in question, the improvements thereto and the present use thereof.

A statement of the section of this chapter under which the variance or exception requested may be allowed and reasons why it should be granted.

By advertising at least once each week for two successive weeks in a newspaper of general circulation within the Township. 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.

By mailing due notice at least six days prior to the date of the hearing to the parties in interest.

By giving due notice thereof to the Zoning Officer and such other persons who make timely request for the notice.

Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer 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 rules of the Board. 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.

The first hearing before the Board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. The applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Township, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal.

The hearings shall be conducted by the Board or the Board may appoint any member or an independent attorney as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.

The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board, and any other person, including civic or community organizations, permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

The Chairman or Acting Chairman of the Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

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.

Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.

The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda or other materials, except advice from its 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.

The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this chapter or of any law, 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. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under Section 916.1 where the Board fails to render the decision within the period required by this subsection, or fails to commence, conduct or complete the required hearing as provided in Subsection D(2) of this section, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of the said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection D(1) of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise brief notice of the decision examined.

The Board of Supervisors shall establish, by resolution, fees with respect to hearings before the Zoning Hearing Board. Upon application to the Board of Supervisors, the fee may be waived upon proof of economic hardship.

Should the appellant or applicant fail to obtain the necessary permits within said twelve-month period, or having obtained the permit should he fail to commence work thereunder within such twelve-month period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn or abandoned his appeal or his application and all provisions, variances and permits granted to him shall be deemed automatically rescinded by the Board.

Should the appellant or applicant commence construction or alteration within said twelve-month period, but should he fail to complete such construction or alteration within said twelve-month period, the Board may, upon 10 days' notice, in writing, rescind or revoke the granted variance or the issuance of the permit or permits or the other action authorized to the appellant or applicant, if the Board finds that for good cause appears for the failure to complete within such twelve-month period and if the Board further finds that conditions have so altered or changed in the interval since the granting of the variance, permit or action that revocation or rescission of the action is justified.

No petition shall be accepted by the Zoning Officer which is not complete on its face, contains all of the information and data required by the Zoning Officer to reasonably support the petition and is signed by at least one record owner of property which would be affected by the proposed amendment, whose signature shall be notarized attesting to the truth and correctness of all of the facts and information set forth in the petition.

All petitions shall be accompanied by a fee in such amount as shall from time to time be fixed by resolution of the Board of Supervisors.

Upon receipt of a petition and the payment of the fee, the Zoning Officer shall cause the petition to be scheduled as an item for preliminary action at the next regular meeting of the Board of Supervisors convening not less than 10 days following the filing of the petition.

The action of the Board of Supervisors at such meeting shall be limited to either accepting or rejecting the petition. If the petition is accepted, it shall be referred to the Township Planning Commission for a report and recommendation as provided in Subsection D of this section. If the petition is rejected, the property owner who filed the petition shall be so notified, in writing, and the filing fee shall be refunded.

The Township Board of Supervisors shall fix a time and place for a public hearing at which parties of intent and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing and a description of the amendment to be discussed shall be published once each week for two consecutive weeks in a newspaper of general circulation within the Township; 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. Whenever a proposed amendment involves a Zoning Map change, notice of a public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the perimeter of the tract, such posting to be performed at least one week prior to the date of the hearing.

In addition to the requirement that notice be posted under this section, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the Township at least 30 days prior to the date of the hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Township. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. This clause shall not apply when the rezoning constitutes a comprehensive rezoning.

Any nonconforming structure that has been damaged or destroyed by fire, windstorm, lightning or by any other means to an extent of less than 75% of its market value for tax assessment purposes may be reconstructed to its original height, area and volume. Any structure damaged to an extent of 75% or greater of its market value for tax purposes shall not be repaired, reconstructed or used except in strict conformity with this chapter. Nothing in this section shall relate to nonconforming signs, which shall be replaced or designed in conformance with Article XXIV of this chapter.

No rebuilding shall be undertaken as provided herein until plans for rebuilding have been presented and approved by the Zoning Officer and Building Inspector. Approval shall be for the same use or for a use of a more restricted classification.

Restoration regulations shall not apply to single-family homes or active nonconforming agricultural buildings and active farms which may be restored by right. Where reasonably possible, the property shall be reconstructed to come into compliance with the dimensional requirements of this chapter.

If a nonconforming use of a building or land ceases for a period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter.

Abandonment regulations shall not apply to agricultural or farming uses.

Purpose. The intended purpose of the proposed use must be consistent with the Township's development objectives as established in the Comprehensive Plan.

Compatibility. The proposed use shall be in the best interest of properties in the general area as well as the community at large. The proposed use shall be reviewed in relationship to and its effect upon surrounding land uses and existing environment conditions regarding the pollution of air, land and water; noise; potential of hazards and congestion; illumination and glare; restrictions to natural light and circulation.

Suitability. The proposed use shall be suitable for the property in question and shall be designed, constructed, operated and maintained suitably for the anticipated activity and population served, numbers of participating population, frequency of use, adequacy of space and generation of traffic.

Serviceability. Assurance shall be made as to the adequacy and availability of utility services and facilities such as sanitary and storm sewers, water, fire, police and other public facilities and the ability of the Township to supply such services.

Accessibility. The proposed use shall provide adequate ingress or egress, interior circulation of both pedestrians and vehicles, off-street parking and accessibility to the existing or proposed Township street system.

Conformity. The proposed use shall be in conformance with all applicable requirements of this article and, where applicable, in accordance with the Subdivision and Land Development Ordinance (Chapter 289).

Other reasonable conditions. The Board of Supervisors may attach whatever reasonable conditions and safeguards, in addition to those expressed in this article, it deems necessary to ensure that any proposed development will be consistent with the purposes and intent of this chapter.

Compliance with this chapter. The applicant shall establish by credible evidence compliance with all standards and criteria for the conditional use enumerated in the section which gives the applicant the right to seek the conditional use. The applicant shall provide the Township Board of Supervisors with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations

Compliance with other laws. The applicant shall establish by credible evidence compliance with all applicable Township, state and federal ordinances, statutes and regulations. The applicant shall provide the Township Board of Supervisors with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.

Traffic and public services. The applicant shall establish by credible evidence that the proposed conditional use shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of the application shall be accommodated in a safe and efficient manner or improvements made in order to effect the same. Similar responsibilities shall be assumed with respect to other public service systems, including but not limited to fire protection, utilities, parks and recreation.

Site planning. The applicant shall establish by credible evidence that the proposed conditional use shall be in and of itself properly designed with regard to internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter and any other governing law or regulation.

Neighborhood. The proposed special exception shall not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and the use of property adjacent to the area included in the special exception application shall be adequately safeguarded.

The design and improvement of the development shall be in harmony with the purpose and intent of this chapter.

The design and improvement of the development shall generally enhance the development plan or in any case not have an adverse impact on its physical, visual or spatial characteristics.

The design and improvement of the development shall generally enhance the streetscape and neighborhood or in any case not have an adverse impact on the streetscape and neighborhood.

The modification shall not result in configurations of lots or street systems which shall be impractical or detract from the appearance of the proposed development.

The proposed modification shall not result in any danger to the public health, safety or welfare by making access to the dwellings by emergency vehicles more difficult, by depriving adjoining properties of adequate light and air or by violating the other purposes for which zoning ordinances are to be enacted under Section 604 of the Municipalities Planning Code.

Landscaping and other methods shall be used to ensure compliance with the design standards and guidelines of this chapter.

The minimum lot size of any lot to be created shall not be reduced below the requirements of this chapter relating to cluster development or traditional neighborhood development, as applicable.

The landowner shall demonstrate that the proposed modification will allow for equal or better results and represents the minimum modification necessary.