Upper Tulpehocken Township
City Zoning Code
City Zoning Code
ARTICLE XVI
Administration and Enforcement
§ 460-109 Zoning Officer.
A.
Appointment. A Zoning Officer shall be appointed by the Township Supervisors to administer and enforce this Part 1. Compensation of the Zoning Officer shall be established by the Supervisors. A Zoning Officer shall not hold any elective office in the Township and shall meet qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning. The Zoning Officer shall administer this Part 2 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 Part 2.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Duties and powers. It shall be the duty of the Zoning Officer to enforce the provisions of this Part 1 and the amendments thereto, and he shall have such duties and powers as are conferred on him by this Part 1 and as are reasonably implied for that purpose. The Zoning Officer's duties shall include, but are not limited to:
(2)
Keep a record of all official business and activities, including complaints of a violation of any of the provisions of this Part 1 and of the subsequent action taken on each such complaint. All such records shall be open to public inspection. File copies of all applications received, permits issued and reports and inspections made in connection with any structure, building, sign and/or land shall be retained as long as the structures, etc. remain. He shall transmit a summary record to the Secretary of the Township monthly.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Make inspections as required to fulfill his duties. In doing so, however, he shall first seek the permission of the landowner or tenant, and, in the event such permission cannot be voluntarily obtained, he shall have the right to take such other legal means as are authorized under the law.
(4)
Issue zoning permits for buildings, structures and land uses, for which subdivision and land development approval is required, only after all necessary approvals have been secured and plans recorded.
(5)
Issue zoning permits for uses requiring new or altered on-site sewage disposal facilities only after any necessary permit has been issued by the Township Sewage Enforcement Officer.
(6)
Issue zoning permits for special exception uses or for variances only after a special exception or variance has been approved by the Zoning Hearing Board in accordance with the regulations of this Part 1.
(7)
Issue zoning permits for conditional uses only after a conditional use has been approved by the Township Supervisors.
(8)
Issue zoning permits for buildings requiring approval by the Pennsylvania Department of Labor and Industry only after such approval has been secured.
(9)
Issue zoning permits for a use involving an access point requiring Pennsylvania Department of Transportation approval only after such approval has been secured.
(10)
Be responsible for keeping this Part 1 and the Official Zoning Map up-to-date so as to include all amendments thereto.
(13)
Submit a monthly report of his activities to the Township Supervisors.
(15)
Institute civil enforcement proceedings as a means of enforcement when acting within the scope of the officer's employment when authorized by the Township Supervisors.
§ 460-110 Zoning permits.
A.
Requirements. No building or structure, except fences shall be erected, constructed, assembled, extended, reconstructed, replaced, demolished, converted, moved, added to or structurally altered nor shall land, buildings and structures be put to any use or additional use or have their use changed without a zoning permit therefor issued by the Zoning Officer. No such permit shall be issued unless there is conformity with the provisions of this Part 1, except upon written order from the Zoning Hearing Board in the form of a variance, or upon order from any court of competent jurisdiction.
B.
Application procedures. The application for a zoning permit shall be submitted to the Zoning Officer in writing on a form prescribed by the Zoning Officer. The application shall be submitted by the owner or lessee of any building, structure or land or the agent of either; provided, however, that if the application is made by a person other than the owner or lessee, it shall be accompanied by a written authorization from the owner or lessee authorizing the work and designating the agent. The application shall include two sets of at least the following information:
(1)
A map of the lot in question, drawn to scale, indicating the lot size and showing all dimensions of lot lines and the exact location(s) on the lot of all existing and proposed buildings, fences, signs, structures and alterations to buildings or structures.
(2)
The use, height, length, width and proportion of the total lot area covered of all proposed and existing buildings and structures and additions or alterations to buildings or structures.
(3)
A statement indicating the number of dwelling units and/or commercial or industrial establishments to be accommodated within existing and proposed buildings on the lot. In the case of commercial and industrial uses and home occupations, the floor area to be devoted to each use shall be indicated.
(4)
The location, dimensions and design of parking and loading areas, including the size and arrangement of all spaces and means of ingress, egress and interior circulation, recreation areas, screens, buffer yards and landscaping, means of egress from and ingress to the lot, routes for pedestrian and vehicular traffic and outdoor lighting.
(5)
The location of all utility lines, the method of proposed water supply and sewage disposal, and the location of any on-lot facilities.
C.
Approval or disapproval. Upon receipt of the application and all accompanying information, the Zoning Officer shall examine them to determine compliance with this Part 1 and all other Township ordinances. Within 30 days from the day he receives a completed application including any and all required fees, the Zoning Officer shall either approve or disapprove the application and return one copy of the application and accompanying information containing the Zoning Officer's decision and signature to the applicant. The other copy shall be retained by the Zoning Officer. If disapproved, the Zoning Officer shall attach a statement to the application explaining the reasons therefore, indicating the manner in which the application could be corrected and/or modified to obtain approval, and informing the applicant of his rights to appeal.
D.
Issuance and posting of zoning permit. Upon approval of the completed application by the Zoning Officer and following the payment of the fees established from time to time by resolution of the Township Supervisors, the Zoning Officer shall issue a zoning permit which shall be visibly posted on the site of operations. A zoning permit shall expire if the activity which is authorized by the permit is not begun, in the opinion of the Zoning Officer, within one-year of issuance of the permit. If the activity for which the zoning permit was issued has been started but has not been completed (such as, but not limited to, construction of structures associated with the use) within one year from the date of approval by the Zoning Officer it may be extended at the discretion of the Zoning Officer for one-year periods not exceeding a total of two years.
E.
Rights of zoning permit holders. The zoning permit is an indication that the proposed use, building, or structure is in accordance with the Zoning Ordinance. The Zoning Officer shall revoke a zoning permit or approval issued under the provisions of the Zoning Ordinance in case of any false statement or misrepresentation of fact in the application on which the permit or approval was based or for any other cause set forth in the Zoning Ordinance.
§ 460-111 Certificate of use and occupancy.
A.
Requirements. It shall be unlawful to use and/or occupy any building, structure or land or portion thereof for which a zoning and/or building permit is required until a certificate of use and occupancy has been issued by the Zoning Officer. The Zoning Officer shall not issue a certificate of use and occupancy unless he has inspected such building, structure or land and has determined that all provisions of the Zoning Ordinance regarding the use of the building, structure, or land and other rules, regulations and ordinances of the Township have been complied with.
B.
Issuance.
(1)
Upon the receipt of written notification that the work for which a zoning permit has been issued has been completed, the Zoning Officer shall inspect the premises within 10 days to determine that the work has been performed in accordance with the approved application and all ordinances of the Township. If he is satisfied that the work has been completed in accordance with the approved application, he shall issue a certificate of use and occupancy to the permit holder for the use indicated on the approved application. A copy of the certificate of use and occupancy shall be retained by the Zoning Officer as part of the Township records. If he finds that the work has not been performed in accordance with the approved application, the Zoning Officer shall refuse to issue the certificate of use and occupancy and give the reasons therefore in writing and inform the permit holder of his rights of appeal.
(2)
For uses for which performance standards are imposed by this Part 1, no certificate of use and occupancy shall become permanent until 30 days after the use is in operation and only after, upon reinspection by the Zoning Officer, it is determined that the use is in compliance with all performance standards. After such reinspection, the Zoning Officer shall notify the applicant that the certificate of use and occupancy is permanent, or that the use is not in compliance and that the certificate of use and occupancy will be revoked within 30 days of the notification if compliance with all performance standards is not secured.
C.
Temporary certificate of use and occupancy.
(1)
Upon request of the holder of a zoning and/or building permit, the Zoning Officer may issue a temporary certificate of use and occupancy for certain structures, signs or land. Such portions may be used and/or occupied prior to full completion of the work, provided life and the public health, safety, morals and general welfare of the residents and inhabitants of the Township are not endangered; however, no temporary certificate of use and occupancy shall be issued prior to the completion of any required inspections of any county, state or federal entities or any required inspections which are required as part of any Township-adopted building code(s).
(2)
The Zoning Officer may also issue a temporary certificate of use and occupancy for such temporary uses as tents, trailers and buildings on construction sites, and for the use of land for religious and other public and semi-public purposes or other temporary use and/or occupancy. A certificate for such uses and/or structures may be issued if the life and the public health, safety, morals and general welfare of the residents and the inhabitants of the Township are not endangered. Such temporary certificates shall be for the period of time to be determined by the Zoning Officer at the time of application, but in no case shall any certificates, except those for uses on construction sites, be issued for more than one year.
§ 460-112 Schedule of fees, charges and expenses.
The Township Supervisors shall establish, by resolution, a schedule of fees and charges for requests for zoning and/or building permits, certificates of use and occupancy, special exceptions, variances, amendments to this Part 1 and other matters pertaining to this Part 1. A collection procedure shall also be established. Until all application fees and charges have been paid in full, no action shall be taken on any application or other matter.
§ 460-113 Amendments.
The provisions of this Part 1 and the Official Zoning Map may, from time to time, be amended, supplemented or changed by the Township Supervisors, pursuant to the following procedure:
A.
Procedure. The following procedures shall be observed prior to making any amendment or change to this Part 1 or parts thereof, including the Official Zoning Map:
(1)
Every proposed amendment or change not initiated by the Township Planning Commission shall be referred to the Township Planning Commission at least 30 days prior to the date of the public hearing the Township Supervisors hold on the amendment to provide the Township Planning Commission an opportunity to submit recommendations prior to the hearing. The Planning Commission shall review each amendment against the Comprehensive Plan for the Township.
(2)
All proposed amendments to this Part 1 shall be submitted to the County Planning Commission for their recommendations at least 30 days prior to the public hearing.
(3)
Procedure for landowner curative amendments.
(a)
A landowner who desires to challenge on substantive grounds the validity of the Zoning Ordinance or Zoning Map, or any provisions thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in Section 916.1 of the Pennsylvania Municipalities Planning Code, as amended.[1] The Board of Supervisors shall commence a hearing thereon within 60 days of the request, as provided for in Section 916.1 of the Pennsylvania Municipalities Planning Code, as amended. The curative amendment and challenge shall be referred to the county and the Municipal Planning Commission and notice of the hearing thereon shall be given as provided in Section 610 and Section 916.1 of the Pennsylvania Municipalities Planning Code, as amended.[2]
(b)
The hearing shall be conducted in accordance with Section 908 of the Pennsylvania Municipalities Planning Code, as amended,[3] and all references therein to the Zoning Hearing Board shall, for the purpose of this section, be referenced to the Board of Supervisors. If the Township does not accept the landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of validity for the entire Zoning Ordinance and Zoning Map, but only for those provisions which specifically related to the landowner's curative amendment and challenge.
[3]
Editor's Note: See 53 P.S. § 10908.
(c)
If the Board of Supervisors determines that a validity challenge has merit, the Township may accept the landowner's curative amendment, with or without revisions, or may adopt an alternative amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative amendments, plans and explanatory materials submitted by the landowner and shall also consider:
[1]
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
[2]
If the proposal is for 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 Part 1 and Zoning Map.
[3]
The suitability of the site for the intensity of use aquifers, natural resources and other natural features.
[4]
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.
[5]
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(4)
Procedure for Township curative amendments. If the Board of Supervisors determines that this Part 1 or any portion hereof is substantially invalid, it shall take the following actions:
(a)
The Board of Supervisors, by formal action, shall declare this Part 1 or any portion hereof substantially invalid, and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the Board of Supervisors shall:
(b)
Within 180 days from the date of the declaration and proposal, the Board of Supervisors shall enact a curative amendment to invalidate, or reaffirm the validity of, this Part 1 pursuant to the provisions required by Section 609 of the Pennsylvania Municipalities Planning Code, as amended,[4] in order to cure the declared invalidity of this Part 1.
[4]
Editor's Note: See 53 P.S. § 10609.
(c)
Upon the initiation of the procedures, as set forth in Subsection A(4)(a), the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under Subsection A(3), nor shall the Zoning Hearing Board be required to give report requested under Sections 909.1 or 916.1 of the Pennsylvania Municipalities Planning Code, as amended,[5] subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection A(4)(a)[1]. Upon completion of the procedures as set forth in Subsection A(4)(a) and (b) above, no rights to cure pursuant to the provisions of Sections 609.1 and 916.1 of the Pennsylvania Municipalities Planning Code, as amended,[6] shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which there has been a curative amendment pursuant to this section.
(d)
The Board of Supervisors, having utilized the procedures as set forth in Subsection A(4)(a) and (b), 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 Part 1, pursuant to Subsection A(4)(b); provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Board of Supervisors may utilize the provision of this section to prepare a curative amendment to this Part 1 to fulfill said duty or obligation.
B.
Submission of impact statement. With a request for a zoning amendment initiated by other than the Township Planning Commission or Township Supervisors, a statement indicating the impact of the zoning change on the Township shall be submitted with the application for rezoning. The statement shall compare the impact on the Township resulting from the existing zoning with the impact resulting from the proposed zoning, specifically discussing:
(1)
Environmental impact. The impact on wooded areas, floodplains, areas of high water table, wildlife habitats, stormwater runoff, erosion and sedimentation, historic sites, water quality, air quality, solid waste generation and noise levels.
(2)
Traffic impact. The impact on traffic generated per day and at peak hours, including numbers and routes expected to be used. An analysis of traffic capacities of adjacent roads and intersections and roads and intersections to be significantly affected by the zoning change shall be prepared.
(3)
Services impact. The demand for school, police, sewer, water, sanitation and road maintenance services.
C.
Public hearing.
(1)
The Township Supervisors shall hold a public hearing before voting on the enactment of any amendment or change. Public notice of such hearing shall be given as required by law, and pursuant to mailed notice and electronic notice if applicable per 53 P.S. § 10109. In addition, if the proposed amendment involves a Zoning Map change, notice of the public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the hearing. If, after any public hearing held upon an amendment or change, the proposed amendment or change is changed substantially or is revised to include land previously not affected by it, the Township Supervisors shall hold another public hearing pursuant to public notice, and mailed notice and electronic notice, if applicable, prior to voting on the amendment or change. The Township Supervisors shall vote on the proposed amendment within 90 days after the last public hearing. Enactment of amendments shall be in accordance with the procedures established in the Pennsylvania Municipalities Planning Code, as amended.[7]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[7]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Once a public hearing has been advertised regarding an individual property, a notice shall be posted on each side of the affected property which faces a street in such a position that such notice is readily readable. The notice shall state the following:
D.
Publication, advertisement and availability of ordinances.
(1)
Proposed amendments shall not be enacted unless notice of the proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be considered and a reference to a place within the Township where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Board of Supervisors shall publish the proposed amendment once in one newspaper of general circulation in the Township not more than 60 days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text or the title and a brief summary, prepared by the Township's Solicitor and setting forth all of the provisions in reasonable detail. If the full text is not included:
(a)
A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.
(b)
An attested copy of the proposed ordinance shall be filed in the county law library or other county office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinance.
(2)
In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Board of Supervisors shall, at least 10 days prior to enactment, readvertise, in one newspaper of general circulation in the Township, a brief summary setting forth all provisions in reasonable detail together with a summary of the amendment.
§ 460-114 Enforcement notice.
B.
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel and to any other person requested in writing by the owner of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this Part 1.
(4)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(6)
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanction clearly described.
§ 460-115 Enforcement remedies.
A.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Part 1 shall, upon being found liable therefore 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 Magisterial District Judge. If the defendant neither 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 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 Part 1 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 Part 1 shall be paid over to the Township.
B.
The Court of Common Pleas, upon petition, may grant an order to stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
C.
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.
§ 460-116 Procedure to obtain preliminary opinion.
In order not to unreasonably delay the time during which a landowner secures assurance that the Zoning Ordinance or Zoning Map under which he proposed to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may be unavailable, the landowner may advance the date from which time for any challenge to the applicable Zoning Ordinance or Zoning Map will run under Section 914.1 of the Pennsylvania Municipalities Planning Code, as amended,[1] by the following procedures:
A.
The landowner may submit plans and other materials describing his proposed use or development to the Zoning Officer for preliminary opinion as to their compliance with the applicable Zoning Ordinance and Zoning Map. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a building permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for a preliminary opinion as to its compliance.
B.
If the Zoning Officer's preliminary opinion is that the use or development complies with the applicable Zoning Ordinance or Zoning Map, notice thereof shall be published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall include a general description of the proposed use or development and its location, by some readily identifiable directive, and the place and time where the plans and other materials may be examined by the public. The favorable preliminary approval under Section 914.1 of the Pennsylvania Municipalities Planning Code, as amended,[2] and the time therein specified for commencing a proceeding with the Zoning Hearing Board shall run from the time when the second notice thereof has been published.
[2]
Editor's Note: See 53 P.S. § 10914.1.
[1]
Editor's Note: See 53 P.S. § 10914.1.
§ 460-117 Appeals.
Proceedings for securing review of any ordinance or of any decision, determination or order of the Township Supervisors, their agencies, the Zoning Hearing Board or the Zoning Officer issued pursuant to this Part 1 shall be in accordance with the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 460-118 Conditional uses.
A.
Conditional uses are established in this Part 1 to provide that the Township Supervisors shall decide, pursuant to a hearing convened and conducted as prescribed in applicable state law, in consideration of evidence presented at said hearing, and upon due deliberation, whether any such conditional use shall be approved or rejected by majority vote.
B.
Certain uses are specified as conditional uses to allow the Supervisors to determine whether the use meets criteria set forth in this Part 1 and/or satisfies goals and objectives set forth in the Township's Comprehensive Plan or other record planning documents and/or does not otherwise unduly impair public health, safety, or welfare.
C.
Conditional uses generally are those which present unusual considerations or impacts, whether unusual in nature or degree of impact. Therefore, the Township Supervisors, in deciding to grant a conditional use, may impose additional restrictions or conditions which they deem necessary to implement the purpose of this Part 1 and the Township's Comprehensive Plan. Conditions may be proposed by the applicant and accepted, modified, or denied by the Supervisors or conditions may be unilaterally imposed by the Supervisors.
E.
A municipal use may be proposed as a conditional use within any zoning district, provided said use is in the public interest and that said use does not unduly conflict with the stated goals or objectives for said district.