1. Applicability.
A. Conformance; permit/revocation.
(1) Conformance. Any activity regulated by this chapter shall only occur or be undertaken and be continued in conformance with the requirements of this chapter.
(2) Permit/revocation. No owner, contractor, worker or other person shall perform building or construction activity of any kind regulated by this chapter unless a valid zoning permit has been issued and posted for such work, nor shall such persons conduct such work after notice that a zoning permit has been revoked.
B. Authorization. This chapter regulates all matters and activities authorized by Article VI of the Pennsylvania Municipalities Planning Code (hereinafter referred to as "MPC").[1]
C. Regulated activities. Any of the following activities or any other activity or matter regulated by this chapter shall only be undertaken after the required permit or approval has been obtained in full compliance with this chapter:
(1) Erection, construction, movement, placement or extension of a structure, building or regulated sign;
(2) Change in the type of use or expansion of the use of a structure or area of land; and/or
(3) Creation of a lot or alteration of lot lines.
D. Repairs and maintenance. Ordinary repairs, structural strengthening, facade improvements and maintenance to existing structures that do not infringe upon a required setback may be made without a zoning permit provided such activity does not involve:
(1) A change in use;
(2) An expansion, construction or placement of a structure;
(3) An increase in the number of dwelling units or boarding house units; and/or
(4) Any other activity regulated by this chapter.
2. General procedure for permits.
A. Principal permitted use. Within 30 days of receiving a proper and complete application for a principal permitted use (permitted by right), the Zoning Officer shall either:
(1) Issue the permit under this chapter; or
(2) Refuse the permit, indicating at least one applicable reason, in writing, to the applicant or his/her representative.
B. Reviews. Certain activities require approval of the Zoning Hearing Board and/or of the Board of Supervisors, and/or the recommendations of the Planning Commission.
C. Appeal. See
§ 400-124: Zoning Hearing Board,
§ 400-125: Zoning Hearing Board; hearings and decisions and
§ 400-129: Time limits for appeals., which describe processes to appeal actions of the Zoning Officer to the Zoning Hearing Board.
D. Timing. After a zoning permit has been received by the applicant, the applicant may undertake the action permitted by the permit under this chapter, provided the work complies with other Township ordinances. However, it is recommended that applicants wait 30 days to begin construction if there is a possibility of an appeal by another party to have the permit revoked. Any commencement of construction or a use within this thirty-day appeal period shall be at the risk of the applicant.
3. Permits and certificates.
(1) Principal permitted uses (permitted-by-right uses) and accessory uses. If a use is listed as a principal permitted use or an accessory use by this chapter and meets the requirements of this chapter, the Zoning Officer shall issue a permit in response to a complete application.
(2) Principal permitted use site plan review. Certain principal permitted uses as designated on the Schedule of Uses in
§ 400-14A require site plan approval in accord with
§ 400-121C(9).
(3) Conditional use. A permit under this chapter for a conditional use shall be issued by the Zoning Officer only upon the written order of the Board of Supervisors following review by the Township Planning Commission and a public hearing conducted by the Board of Supervisors.
(4) Special exception use. A permit under this chapter for a use requiring a special exception shall be issued by the Zoning Officer only upon the written order of the Zoning Hearing Board following review by the Township Planning Commission and a public hearing conducted by the Zoning Hearing Board.
(5) Application requiring a variance. A permit under this chapter for a use requiring a variance shall be issued by the Zoning Officer only upon the written order of the Zoning Hearing Board following review by the Township Planning Commission and a public hearing conducted by the Zoning Hearing Board.
C. Applications.
(1) Required. Any request for action by the Zoning Hearing Board, application for a conditional use, or for a permit under this chapter, shall be made, in writing, on a form provided by the Township and in accord with the procedures established by the Township. Such completed application, with any required fees, and with any required site plans or other required information, shall be submitted to the Township employee responsible for processing such application. The applicant is responsible to ensure that the responsible Township official notes the date of the official receipt on the application.
(2) Number of copies. The applicant shall submit the number of paper copies and the electronic copy as established by Township policy.
(3) Information required. Any application to the Zoning Officer, Zoning Hearing Board, Planning Commission or Board of Supervisors shall include all information required by this chapter.
(a) The Zoning Officer, Planning Commission, Board of Supervisors, or the Zoning Hearing Board, as the case may be, may determine that certain information is not required for a particular application, and upon such determination, the specified information need not be provided by the applicant.
(b) The Zoning Officer, Planning Commission, Board of Supervisors, or the Zoning Hearing Board, as the case may be, may require any other additional information or any level of detail deemed necessary to determine compliance with this chapter or to identify any impacts of the proposed use.
(4) Survey. In cases where the size of the lot, proposed setbacks, lot coverage or other aspect of the proposed construction or development is of such nature as to make confirmation of compliance with the required standards uncertain based solely on the plot plan submitted by the applicant, or if the exact location of property lines or property corners cannot be determined by the Township, the Township may require the applicant to submit a survey of the subject parcel. Said survey shall be made by a Pennsylvania registered land surveyor and shall show all details required by the Township to confirm compliance with the particular standards in question. The Township may require such survey prior to issuance of a permit to document that all requirements can be satisfied, or prior to issuance of a certificate of use/occupancy to confirm that all improvements have been developed in accord with the applicable requirements.
(5) Other laws and regulations.
(a) The Zoning Officer shall issue permits only where there is compliance with the provisions of this chapter, with other Township ordinances and with the laws and regulations of the commonwealth and the federal government.
(b) The applicant bears all responsibility for ensuring compliance with all applicable laws and regulations, including, but not limited to, compliance with this chapter,
Chapter 344: Stormwater Management and Earth Disturbance, and
Chapter 355: Subdivision and Land Development, any and all regulations governing wetlands and/or other natural resources, and all other Township, county, state and/or federal laws and regulations.
(6) Ownership. No person other than a landowner or their specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application. (See definition of "landowner" in
Article III: Terminology.)
(7) Advisory reviews. The Zoning Officer may submit a copy of any plan and application to any appropriate agencies and/or individuals (such as the Planning Commission, the Monroe County Planning Commission, the County Conservation District or Township Engineer) for review and comment.
(8) Principal permitted uses (permitted-by-right uses) and accessory uses. Applications for principal permitted uses and accessory uses shall, at a minimum, include the following unless the Zoning Officer/Planning Commission determines certain information is not necessary for the particular use:
(a) Names and address of the applicant, or appellant, and the name and address of the owner of the affected property.
(b) A description of the existing and proposed use(s) of the property, including numbers of dwelling units, minimum square feet of proposed dwelling units and number of proposed business establishments, if any.
(c) A description of any proposed nonresidential operations and storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large truck traffic, glare, odors, dust, fire or toxic or explosive hazards, or other significant public health and safety hazards.
(d) If a principal nonresidential use is proposed within close proximity to dwellings, a description of hours of operation and proposed methods of storing garbage outdoors on-site.
(e) A listing of any specific sections of this chapters being appealed, with the reasons for any appeal.
(f) A plot plan legible in every detail and drawn to scale, but not necessarily showing precise dimensions, which includes the following information:
[1] Name of the development.
[2] Name and address of landowner and/or land developer. (If a corporation, list names of officers.)
[3] Location map.
[4] North arrow, true or magnetic.
[5] Graphic and written scale.
[6] County tax identification number for the parcel(s).
[7] Date plot plan was completed and name and address of person, form or organization preparing the plan.
[8] Names of adjacent property owners and Tax Map numbers, including those across adjacent roads.
[9] Proposed and existing street and lot layout, including street names and right-of-way widths.
[10] Existing and proposed man-made and/or natural features on the property and within 200 feet of the property:
[a] Watercourses, lakes and wetlands (with names).
[b] Rock outcrops, ledges and stone fields.
[c] Buildings, structures, additions, signs (with design details for proposed signs) and required setbacks.
[d] Approximate location of tree masses.
[e] Locations, dimensions, grades and flow direction of existing sewers, culverts, and water lines, as well as other underground and aboveground utilities within and adjacent to the property including profiles, grading, cross section and other construction details of proposed facilities.
[f] Entrances, exits, access roads, sidewalks, parking areas including the number of spaces and any unenclosed uses, including profiles, grading, cross section and other construction details of proposed facilities.
[g] Drainage and stormwater management facilities.
[h] Plans for any required grading, screening, landscaping or buffers.
[i] Existing contours with intervals of five feet or less, referred to a datum satisfactory to the Commission.
[j] Soils information, including location and extent of soils types and the location of any soil test pits and percolating tests.
[k] Any and all other significant features.
(g) Location of permanent and seasonal high water table areas and one-hundred-year flood zones.
(h) Tract boundaries accurately labeled.
(i) The total acreage of the tract and extent of the areas of the site to be disturbed and percentage lot coverage when the project is completed.
(j) Location and details of existing and proposed rights-of-way, easements, public use area or other existing restrictive covenants within or adjacent to the property.
(k) A statement of the type of water supply and sewage disposal proposed, and adequate proof from the Township Sewage Enforcement Officer that any existing or proposed sewage system is able to handle any new use, changed use or extension of existing use.
(l) The zoning district and major applicable lot requirements and zoning districts of adjoining lands.
(m) The location of all areas or features of the project parcel which are subject to the Township Official Map and the type of reservation as specified on the Official Map.
(n) If the plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
(o) Any other information deemed necessary by the Commission to determine conformity of the site plan to the intent and regulations of this chapter.
(9) Principal permitted use site plan review. Certain principal permitted uses as designated on the Schedule of Uses in
§ 400-11A require site plan approval in accord with the following:
(a) Where site plan approval is required, the site plan including the information required in
§ 400-121C(8) shall be submitted to the Planning Commission and the Planning Commission Engineer at least 10 days prior to the Planning Commission meeting for discussion and comment. The Planning Commission shall submit a recommendation for approval or denial with reasons to the Zoning Officer within five days following their meeting.
(b) If the site plan is incomplete, or additional information is required, the Planning Commission shall notify the Zoning Officer of the information within five days following the meeting. The Zoning Officer shall notify the applicant of the information needed. The additional information and/or revised site plan shall be resubmitted to the Planning Commission for a recommendation 10 days prior to the Planning Commission meeting.
(10) Conditional uses and special exceptions. See
§ 400-127A for conditional use and special exception application requirements.
(11) Variances. Applications for variances shall include the information required by Zoning Hearing Board policies and procedures.
D. Inspections. Inspections associated with an application for a development or use shall be conducted in accord with the policies and procedures adopted by the Township.
E. Revocation of permits. If a zoning permit is revoked, the person holding the permit shall immediately surrender such permit and all copies to the Zoning Officer, and all work and/or use of the property shall be discontinued in accord with the permit revocation. The Zoning Officer shall revoke a permit or approval issued under the provisions of this chapter in case of:
(1) False information. Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based. (The Pennsylvania Criminal Code provides for penalties for providing false information to a Township employee in the carrying out of his/her duties.);
(2) Condition violation. Violation of any condition lawfully imposed upon a special exception, variance or conditional use;
(3) Noncompliance. Any work being accomplished or land or structures being used in such a way that does not comply with this chapter or an approved site plan or approved permit application;
(4) Other laws and regulations. Violation of any applicable Township, county, state or federal law or regulation; or
(5) Other. Any other just cause set forth in this chapter.
F. Changes to approved plans.
(1) Written consent. After the issuance of a permit and/or approval under this chapter, an approved application shall not be changed without the written consent of the Township, as stated in
§ 400-121F(2) below.
(2) Conditional uses and special exceptions. Changes to an approval by the Board of Supervisors as a conditional use or by the Zoning Hearing Board as a special exception use shall require reapproval of the changes by such bodies if the Zoning Officer determines that such changes affect matters that were within the scope of approval of such body. Such approval by the Zoning Hearing Board of the Board of Supervisors is not required for clearly minor technical adjustments or matters that are solely corrections of information that do not affect any of the significant features of the site plan or the intensity of the use, as determined by the Zoning Officer.
(3) Notice. A copy of such adjustment or correction shall be provided, in writing, to the Planning Commission, the Board of Supervisors or the Chairperson of the Zoning Hearing Board, as appropriate, if the change concerns a plan approved by such body.
G. Certificate of use/occupancy.
(1) Required. A certificate of use/occupancy shall be required by the Township upon a change of use or completion of work authorized by a permit or approval under this chapter. It shall be unlawful to use and/or occupy a structure, building and/or land or portions thereof until such certificate has been issued. A new certificate of use/occupancy shall be required if a change in use of the property is proposed; and then such certificate shall be issued only after all required approvals are obtained.
(2) Application. An application for a certificate of use/occupancy shall be made on an official Township form. If the use is in conformance with Township ordinances and approvals, such certificate shall be issued, in duplicate, within 10 business days of a properly submitted and duly filed application. A minimum of one copy shall be retained in Township records.
(3) Issuance/denial. The Zoning Officer shall inspect such structure or land related to an application for a certificate of use/occupancy. If the Zoning Officer determines, to the best of his/her current knowledge, that such work or use conforms with this chapter and applicable Township codes, approvals and permits, then such certificate of use/occupancy shall be issued. If the work or use does not conform, the application shall be denied.
(4) Action period. The Zoning Officer shall issue or deny the certificate of use/occupancy within 30 days of receipt of a complete application. An incomplete application shall be cause for denial.
4. Fees.
A. Application fees. As authorized by §§ 617.3(e) and 908(1.1) of the MPC,[1] the Board of Supervisors shall establish a uniform schedule of fees, charges and expenses, as well as a collection procedure, for zoning permits, conditional use permits, Zoning Hearing Board proceedings and other matters pertaining to this chapter. Permits, certificates, conditional use permits, special exception permits and variances shall be issued only after all fees have been paid in full; and, the Zoning Hearing Board shall take no action on appeals until all fees have been paid in full.
B. Stenographer fees. The appearance fee for a stenographer shall be shared equally by the applicant and the Township as required by § 908(7) of the MPC.[2] The cost of the original transcript shall be paid by the Township if the transcript is ordered by the Township or shall be paid by the person appealing from the decision of the Township 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.
5. Zoning Officer.
A. Appointment. The Zoning Officer shall be appointed by the Board of Supervisors in accord with § 614 of the MPC. The Zoning Officer(s) shall not hold any elective office within the Township, but may hold other appointed offices not in conflict with the MPC.
B. Duties and powers. It shall be the duty of the Zoning Officer to enforce, literally, the provisions of this chapter and amendments thereto, and the Zoning Officer shall have such duties and powers as are conferred by this chapter, and as are reasonably implied for that purpose. The Zoning Officer shall not have the power to permit any construction or allow any use or change of use which does not conform to this chapter. The Zoning Officer's duties shall include, but are not limited to, the following:
(1) Applications. Receive and examine all applications for zoning permits, and issue permits when there is compliance with the provisions of this chapter and deny permits for noncompliance.
(2) Conditional uses, special exceptions, and variances. Receive zoning permit applications for conditional uses, special exceptions, and variances and forward these applications to the Township Planning Commission and/or the Zoning Hearing Board for action thereon in accord with all applicable provisions of this chapter.
(3) Zoning Hearing Board action. Following denial of an application for a permit, to receive applications for interpretations, appeals and variances, and forward these applications to the Zoning Hearing Board for action thereon.
(4) Inspections and surveys. Conduct inspections and surveys to determine compliance or noncompliance with the provisions of this chapter. The Zoning Officer shall have the right to enter upon the land of another in the course of his lawful duties upon obtaining permission from the owner.
(5) Certificates/documents. Issue certificates of use/occupancy, certificates of nonconforming use and other documents necessary to the administration of this chapter.
(6) Recordkeeping. Record and file all applications for zoning permits with the accompanying plans and documents and keep an official record of all business and activities, including complaints of a violation of any of the provisions of this chapter 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, reports and inspections made in connection with any structure, building or land.
(7) Nonconformities. When directed by the Board of Supervisors, identify and register nonconforming uses and structures as required by the provisions of this chapter.
(8) Zoning Map. Maintain the Official Zoning Map of the Township showing the current zoning classification of all land in the Township.
(9) Stop work. Issue stop, cease-and-desist orders and enforcement notices, and order, in writing, correction of all conditions found to be in violation of the provisions of this chapter.
(10) Enforcement proceedings. With the approval of the Board of Supervisors, or when directed by them, institute in the name of the Township any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use of any building; and to restrain, correct or abate such violations, so as to prevent the occupancy or use of any building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises which is in violation of this chapter.
(11) Revocation. Revoke any order or zoning permit issued under a mistake of fact or contrary to the law of the provisions of this chapter.
(12) Testimony. Upon the request of the Board of Supervisors, the Planning Commission or the Zoning Hearing Board, present facts, records or reports which they may request to assist such body in making decisions.
C. Qualifications. Pursuant to § 614 of the MPC, the following minimum qualifications shall apply to any Zoning Officer appointed to serve the Township after the adoption of this chapter, unless such mandatory qualifications are waived by motion of the Board of Supervisors:
(1) The person shall demonstrate a working knowledge of Township zoning.
(2) The person shall be familiar with constitutional issues concerning search and seizure and with the process of filing actions with the Magisterial District Judge.
(3) The person shall exhibit an ability to thoroughly evaluate site plans and building plans.
(4) The person shall demonstrate competent oral and written communication skills.
(5) The person shall be familiar with the MPC.
6. Zoning Hearing Board.
A. Membership and qualifications.
(1) Membership. The Board of Supervisors shall create a Zoning Hearing Board, which shall have the number of members and alternate members with such powers and authority, and which shall conduct all proceedings as set forth in Article IX of the MPC.
(2) Recommended qualifications. Each Zoning Hearing Board member should:
(3) Vacancies. The Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of a term.
(4) Removal of members. See § 905 of the MPC.
(5) Organization.
(a) Officers. The Board shall elect officers from its own membership who shall serve annual terms and may succeed themselves.
(b) Quorum. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Board, except that the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided by § 908 of the MPC.[3] The quorum may be met by alternate members, serving as permitted by § 906(b) of the MPC.
(c) Rules. The Board may make, alter, and rescind rules and forms for its procedure, consistent with all applicable Township ordinances and laws of the Commonwealth of Pennsylvania.
B. Jurisdiction. In accord with § 909.1(a) of the MPC, the Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(1) Substantive validity challenges. Substantive challenges to the validity of any land use ordinance, except those brought before the Board of Supervisors pursuant to § 609.1 (landowner curative amendments) and § 916.1(a)(2) (validity of ordinances) of the MPC.
(2) Zoning Officer appeals. Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease-and-desist order or the registration or refusal to register any nonconforming use, structure or lot.
(3) Variances. Applications for variances from the terms of this chapter pursuant to § 910.2 of the MPC.
(4) Special exceptions. Applications for special exceptions under this chapter pursuant to § 912.1 of the MPC and the requirements of this chapter.
(5) Preliminary opinion appeal. Appeals from the Zoning Officer's determination under § 916.2 (preliminary opinion) of the MPC.
(6) E&S; stormwater appeals. Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving subdivision and land development applications.
7. Zoning Hearing Board; hearings and decisions.
The Zoning Hearing Board shall conduct hearings and make decisions in accord with § 908 of the MPC, and the provisions of this section. 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.
8. Variances.
A. Jurisdiction. The Zoning Hearing Board shall hear duly filed requests for variances.
B. Standards. The Board may grant a variance only in accord with the requirements of § 910.2 of the MPC. The applicant shall have the burden of proof to show compliance with such standards. As of January 2003, the MPC provided that all of the following findings are made where relevant in a given case:
(1) Unique physical circumstances or conditions. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
(2) Necessary for reasonable use. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3) Self-creation. That such unnecessary hardship has not been created by the appellant.
(4) Neighborhood; adjacent property; public welfare. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(5) Minimum variance. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
9. Conditional uses and special exceptions.
A. Presubmission conference; applications.
(1) Presubmission conference. The applicant for a conditional use or special exception shall contact the Zoning Officer to arrange a presubmission conference to outline the nature of the proposed application and to determine the nature and extent of the information to be supplied on the site development plan. In addition to the site development plan, the applicant shall also submit a statement setting forth full particulars of the need, purpose and operation of the structure or use.
(2) Electronic format. In addition to submitting the application in paper format, applications for conditional uses and special exceptions shall be submitted on compact disc in PDF or other electronic format approved by the Zoning Officer.
(3) Application information. Applications for conditional uses and special exceptions shall, at a minimum, include a narrative detailing how the development or proposed use will comply with the standards in
§ 400-127D and a site development plan. The plan shall be prepared by a civil engineer, surveyor, land planner, architect or other competent person. Site development plan elements shall include those listed below which are appropriate to the proposed development or use as indicated by the Zoning Officer in the presubmission conference:
(a) Legal data.
[1] The tax number of the property from the latest tax records.
[2] The name and address of the owner of record.
[3] The name and address of the person, firm or organization preparing the map, including the seal and signature of the responsible professional(s).
[4] The date, North point and written and graphic scale.
[5] Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and hundredths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 5,000.
[6] The locations, names and existing widths of adjacent streets and curblines.
[7] The locations and owners of all adjoining lands as shown on the latest tax records.
[8] The locations, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property.
[9] A complete outline of existing deed restrictions or covenants applying to the property.
[10] The zoning district in which the property is located.
(b) Natural features.
[1] The existing contours with intervals of 10 feet or less, as determined at the presubmission conference, referenced to a datum satisfactory to the Zoning Officer.
[2] The proposed finished contours with intervals of 10 feet or less referenced to the same datum.
[3] The boundary of any area in the one-hundred-year floodplain, and stormwater overflow area.
[4] The location of existing wetlands, swamps or marshes, watercourses, including intermittent streams, wooded areas and any other pertinent natural presubmission conference feature.
[5] Soil survey data, including capabilities for on-lot septic systems, as taken from the Soil Conservation Survey or as mapped by a qualified soil scientist.
[6] Soil percolation test results and/or comments from the Monroe County Conservation District, as requested in the presubmission conference.
(c) Utilities, structures and uses on and within 200 feet of the site.
[1] The location of all utilities, including:
[a] Power lines.
[b] Telephone lines, including cellular transmission towers; and cable television lines.
[c] Storm sewers (including culverts), giving dimensions, grades and direction of flow.
[d] Sanitary sewers, giving dimensions, grades, elevations and direction of flow.
[e] Waterlines, giving dimensions and elevations.
[2] Curbs and gutters, sidewalks, paved areas and access.
[3] The outline of structures and use areas.
[4] Fences, landscaping, screening and other improvements, as determined at the presubmission conference.
(d) Proposed improvements and use.
[1] The design and location of all uses and use areas not requiring structures.
[2] The location of proposed buildings or structures.
[3] The design and location of all outdoor signs, if any.
[4] The design and locations of driveways, parking areas, sidewalks and other paved areas, including existing and proposed profiles and cross sections.
[5] The location of proposed or existing well and sewage disposal systems or water and sewer lines.
[6] The plan and location of any proposed grading, landscaping or screening.
[7] A copy of any proposed deed restriction or covenants.
[8] The plan and location of any proposed public improvements on or adjacent to the property.
(e) Evidence shall be shown of compliance with the Department of Environmental Protection, PennDOT highway occupancy standards and Department of Labor and Industry Standards.
(f) The location of all areas or features of the project parcel which are subject to the Township Official Map and the type of reservation as specified on the Official Map.
(g) Any other information which may be determined during the presubmission conference to be necessary to ascertain the conformity of the site plan with the intent and requirements of this chapter.
B. Conditional uses. Uses specified as conditional uses shall be permitted only after review and approval by the Board of Supervisors pursuant to the express standards as provided for specific conditional uses in this chapter, in
§ 400-127D, and any other applicable standards in this chapter.
(1) Expansions. Expansions or additions to uses classified as conditional uses shall also be considered conditional uses. The addition of an accessory structure of less than 500 square feet of gross floor area shall not be considered a conditional use.
(2) Procedure.
(a) Submission. The application shall be submitted to the designated Township official. The official may refuse to accept an application which does not provide all information required to determine compliance with this chapter.
(b) Zoning Officer review. The Zoning Officer may report, in writing or in person, to the Planning Commission or the Board of Supervisors stating whether the application complies with this chapter. The Zoning Officer may recommend a review by the Township Engineer.
(c) Planning Commission review of conditional use.
[1] In accord with § 603(c)(2) of the MPC, the Township Planning Commission shall be provided with an opportunity to review any proposed conditional use. The Commission, at its option, may provide a written advisory review.
[2] If such review is not received by the Board of Supervisors within the time limit within which the Board of Supervisors shall issue its decision, then the Board of Supervisors may make its decision without having received comments from the Planning Commission.
(d) Board of Supervisors action. The Board of Supervisors shall conduct hearings and make decisions in accordance with §§ 908 and 913.2 of the MPC. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it determines are necessary to implement the purposes of the MPC and this chapter, and to protect the public health, safety, and welfare.
(e) Notice. In addition to the notice and posting requirements of the MPC, notice of all conditional use hearings shall be mailed to the owners of all properties contiguous to the parcel which is the subject of the hearing not less than 14 calendar days prior to the hearing. Such notice shall be by United States Mail to the last known address of the contiguous owners as listed in Monroe County tax assessment records.
C. Special exceptions. Uses specified as special exceptions shall be permitted only after review and approval by the Zoning Hearing Board pursuant to the express standards and criteria as provided for specific special exceptions in this chapter and in
§ 400-127D.
(1) Expansions. Expansions or additions to uses classified as special exceptions shall also be considered special exceptions. The addition of an accessory structure of less than 500 square feet of gross floor area shall not be considered a special exception.
(2) Procedure.
(a) Submission. The application shall be submitted to the designated Township official.
(b) Zoning Officer review. The Zoning Officer may report, in writing or in person, to the Planning Commission or the Zoning Hearing Board stating whether the application complies with this chapter. The Zoning Officer may recommend a review by the Township Engineer.
(c) Planning Commission review of special exception uses.
[1] The Township Planning Commission shall be provided with an opportunity to review any proposed special exception use. The Planning Commission, at its option, may provide a written advisory review.
[2] If such review is not received by the Zoning Hearing Board within the time limit within which the Board must issue its decision, then the Zoning Hearing Board may make a decision without having received comments from the Planning Commission.
(d) Zoning Hearing Board action on special exception uses.
[1] The Board shall hear and decide a request for a special exception use under the procedures in
§ 400-125: Zoning Hearing Board; hearings and decisions of this chapter and § 908 of the MPC.
[2] In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it determines are necessary to implement the purposes of the MPC and this chapter, and to protect the public health, safety, and welfare.
D. Standards and criteria for conditional uses and special exceptions. In addition to the applicable general provisions of this chapter and to the standards and criteria provided in this chapter for specific conditional uses and specific special exceptions, the standards and criteria in this
§ 400-127D shall be applied in the review of applications for conditional uses and special exceptions. The applicant shall supply evidence regarding compliance with the express standards and criteria contained herein; and data or evidence may be accepted from protestants. Such evidence shall be evaluated relative to the injurious impact on the public health, safety, and welfare; and, the proposed use shall be approved with appropriate conditions or denied based on said evaluation.
(1) Comprehensive Plan; ordinances. The proposed use shall be consistent with the purposes, goals, objectives and standards of the Coolbaugh Township. Borough of Mount Pocono, Tobyhanna Township, and Tunkhannock Township Regional Comprehensive Plan, this chapter, and all other ordinances of the Township.
(2) Location. The proposed use shall also be evaluated as to the degree to which the proposed location may be particularly suitable or unsuitable for the proposed use in terms of the physical characteristics of the site.
(3) Adverse effects. The proposed use at the proposed location shall not result in a substantial or undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, adjacent property values, or other matters affecting the public health, safety, and general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of this chapter, or any other plan, program, map or ordinance of the Township or other government agency having jurisdiction to guide growth and development.
(4) Public improvements. The proposed use shall not impose an undue burden on any of the improvements, facilities, utilities, and services of the Township, whether such services are provided by the Township or some other entity. The applicant shall be wholly responsible for providing such improvements, facilities, utilities, and services as may be required to adequately serve the proposed use when the same are not available or are inadequate to serve the proposed use in the proposed location. As part of the application and as a condition of approval of the proposed use, the applicant shall be responsible for establishing ability, willingness, and binding commitment to provide such improvements, facilities, utilities, and services in sufficient time and in a manner consistent with this and other ordinances of the Township. The permit approval shall be so conditioned.
(5) Additional factors. The following additional factors shall be considered:
(a) Location, arrangement, size, design and general site compatibility of buildings, lighting, and signs.
(b) Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, and traffic controls.
(c) Location, arrangement, appearance and sufficiency of off-street parking and loading.
(d) Adequacy and arrangement of pedestrian traffic, access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(e) Adequacy of stormwater and drainage facilities.
(f) Adequacy of water supply and sewage disposal facilities.
(g) Adequacy, type and arrangement of trees, shrubs, and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(h) Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(i) Special attention to the adequacy and impact of structures, roadways, and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
E. Conditions of approval for conditional uses and special exceptions. No application shall be approved unless it is found that, in addition to complying with all of the standards and criteria enumerated above, all of the applicable standards contained in this chapter shall be met. In instances where the supplemental standards contained herein do not adequately protect the general health, safety, and welfare of parties affected, all conditions and safeguards deemed necessary by the Board of Supervisors or Zoning Hearing Board to protect the general health, safety, and welfare, as well as to implement the purposes of this chapter and the MPC, shall be imposed as conditions of approval in accord with § 912.1 or 913.2 of the MPC,[4] as the case may be. Conditions which may be imposed may include, but not be limited to, provisions for additional parking, traffic control, landscaping, setbacks, special measures addressing sales period activities, environmental controls and other measures which mitigate any potential adverse impact the use may have on adjoining uses.
F. Limitation of approval. Unless a shorter period is established as a condition of approval, any conditional use approval granted by the Township Supervisors and any special exception approval granted by the Zoning Hearing Board shall expire five years from the date such approval was granted if no building construction as approved has taken place or the use is not otherwise established as a functional and constructive activity prior to the expiration date. Upon such expiration, the said approval, and any permit issued subsequent thereto, shall be deemed null and void and the developer shall be required to submit another application for the same. The Board of Supervisors or Zoning Hearing Board, as the case may be, may grant succeeding one-year extensions of the time limitation, for good cause shown by the applicant.
G. Subdivision and land development plans.
(1) Timing of submission. The Township Planning Commission and Board of Supervisors or the Zoning Hearing Board will process an application for a conditional use or a special exception, respectively, prior to, or concurrently with, land development approval, if such subdivision or land development approval is required under the provisions of
Chapter 355: Subdivision and Land Development, of the Code of the Township of Coolbaugh. The intent of prior action on a conditional use or a special exception is to afford the applicant the opportunity to obtain initial zoning approval before committing the resources necessary to prepare and submit a detailed plan to conform to the requirements of
Chapter 355: Subdivision and Land Development.
(2) Conditions. At the time of land development approval which has been preceded by conditional use or special exception approval, the Board of Supervisors shall have the right to attach any and all reasonable conditions of approval to any subdivision or land development plan which was preceded by conditional use or special exception approval.
10. Mediation.
Parties to proceedings authorized by this chapter and the MPC may use the mediation option as authorized by and in accord with § 908.1 of said code.
11. Time limits for appeals.
The time limitations for appeals shall be as follows:
A. Zoning Hearing Board; County Court. No person shall be allowed to file any appeal with the Zoning Hearing Board later than 30 days after the officially issued decision of the Zoning Officer, or appeal to the County Court of Common Pleas later than 30 days after the officially issued decision of the Board of Supervisors or the Zoning Hearing Board, except as may be provided under § 914.1 of the MPC.
B. Revoked permits. This thirty-day time limit for appeal shall not apply to the revocation of a permit by the Zoning Officer in accord with
§ 400-121E.
12. Appeals to court and other administrative proceedings.
Appeals to court and other administrative proceedings shall be governed by Article X-A and Article IX of the MPC, respectively.
13. Public utility corporation exemptions.
In accord with § 619 of the MPC, this chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the Township have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.
14. Limited Township exemption.
The minimum lot area requirements of this chapter shall not apply to uses or structures owned by the Township for uses and structures that are intended for a legitimate governmental, recycling, public recreation, stormwater control or public health and safety purpose.
15. Amendments.
The Board of Supervisors may amend this chapter by complying with the requirements set forth in Article VI of the MPC. A landowner who desires to challenge on substantive grounds the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in §§ 609.1 and 916.1 of the MPC.
16. Violations; enforcement.
A. Compliance. Failure to comply with any provision of this chapter; failure to secure or comply with a decision of the Board of Supervisors or Zoning Hearing Board; or the failure to secure a permit, when required, prior to or (when ordered) after the erection, construction, extension, or addition to a building or prior to or after the use or change of use of land; or failure to secure a certificate of use/occupancy, shall be violations of this chapter.
B. Complaints. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. Any complaint filed in writing with the Zoning Officer, and which includes the full name, address and telephone number of the complainant, shall be investigated by the Zoning Officer with the results reported to the complainant. Any verbal complaints may be investigated at the discretion of the Zoning Officer.
C. Enforcement notice. When written notice of a violation of any of the provisions of this chapter is served by the Zoning Officer, personally or by certified mail, in the manner prescribed by § 616.1 of the MPC and set forth in this Subsection C, such violation shall be discontinued or corrected as set forth in said notice.
(1) Violation. 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
§ 400-134C(2).
(2) Notice recipient(s). 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) Notice content. 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 the ordinance.
(d) The date before which the steps for compliance shall be commenced and the date before which the steps shall be completed.
(e) That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this chapter.
(f) That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
(4) Appeal. In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.
(5) Filing fee. 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.
17. Violations and penalties.
A. Causes of action. In case any building, structure, landscaping, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any provisions 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 complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.
B. Enforcement remedies.
(1) Any person, partnership or corporation who or which has violated or permitted the violation of any 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 (state law) 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 chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation.
(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 judgment.
(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.
18. Liability.
A. Neither the approval nor the granting of any review, issuance of permit or approval related to construction, activity within the floodplain, site plan review, subdivision or land development approval, erosion control, stormwater runoff, activity on steep slopes, or any other review or permit of this chapter, by an officer, employee, consultant or agency of the Township, shall constitute a representation, guarantee or warranty of any kind by the Township, or its employees, officials, consultants or agencies, of the practicality or safety of any structure, use or subdivision, and shall create no liability upon, nor a cause of action against such public body, official, consultant nor employee for any damage that may result pursuant thereto.
B. If the Zoning Officer mistakenly issues a permit under this chapter, the Township shall not be liable for any later lawful withdrawal of such permit for valid cause shown.
