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1. Public Notice of the Hearing. Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, and to any person who at least 15 days prior to the scheduled hearing date has made request for same. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board. In addition to the written notice provided herein, written notice of the hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
2. Fees for the Hearing. The Board of Supervisors may establish reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
3. Time Limitations of the Hearing. The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.
4. Conduct of the Hearing. The hearings shall be conducted by the Board, or the Board may appoint any member as a hearing officer.
A. 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.
B. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
C. 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 unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surrounding with any party or his/her representative unless all parties are given an opportunity to be present.
5. Representation. 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.
A. The Board shall have the 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.
B. 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.
6. Statements. Statements are to be made in the following order or as the chairman may direct: applicant or appellant, Zoning Officer and other officials, and any private citizen. The applicant or appellant must be given an opportunity for rebuttal.
7. Witnesses. 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 paper, including witnesses and documents requested by the parties.
8. Decision Procedure. 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.
A. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq., or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
B. If the hearing is conducted by a hearing officer, and there has been no stipulation that his/her decision or findings are final, the Board shall make his/her report and recommendations available to the parties within 45 days and 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.
C. Where the Board fails to render the decision within the period required by this Section, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing 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 said decision within ten days from the last day it could have met to render a decision in the same manner as provided above. If the Board shall fail to provide such notice, the applicant shall do so. Nothing in this Section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
D. A copy of the final decision or, where no decision is called for, 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 or findings and a statement of the place at which the full decision or findings may be examined.
E. Whenever the Board imposes a condition or conditions with respect to the granting of an application or appeal, this condition must be stated in the order of the Board and in the permit issued pursuant to the order by the Zoning Officer [Chapter 27]. This permit remains valid only as long as the condition or conditions upon which it was granted or the conditions imposed by this Chapter are adhered to.
9. Records. 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.
(Ord. 2024-01, 5/13/2024)
1. Filing of Variance Applications. An application may be made to the Zoning Hearing Board for a variance where it is alleged that the provisions of this Chapter inflict unnecessary hardship upon the applicant.
A. The application must be on a form provided for that purpose by the Zoning Officer. It must be filed with the Board and copies given to the Zoning Officer. The applicant must provide all the information requested on the form, together with any other information and data that may be required to advise the Board on the variance, whether such information is called for by the official form or not.
B. Unless otherwise specified or extended by the Board, a variance authorized by it expires if the applicant fails to obtain a building permit or use certificate, or file for subdivision or land development approval within six months from the date of authorization of the variance.
2. Standards for Variances. Where there is unnecessary hardship, the Board may grant a variance in the application of the provisions of this Chapter, provided, that the following findings are made where relevant in a given case:
A. There are unique physical circumstances or conditions, including:
(1) Irregularity, narrowness, or shallowness of lot size or shape.
(2) Exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not due to circumstances or conditions generally created by the provisions of this Chapter in the neighborhood or zone in which the property is located.
B. 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.
C. The unnecessary hardship is not financial in nature and has not been created by the appellant.
D. The variance, if authorized, will not alter the essential character of the neighborhood or zone 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.
E. 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.
3. Conditions. In granting any variance, the Board may attach such reasonable conditions and safeguards as it considers necessary to implement the purposes of this Chapter or the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this Chapter and subject to the penalties described in § 27-1110 of this Chapter.
(Ord. 2024-01, 5/13/2024)
1. General Standards for Considering a Special Exception. A special exception may be granted when the Zoning Hearing Board finds from a preponderance of the evidence produced at the hearing that:
A. The proposed use, including its nature, intensity and location, is in harmony with the orderly and appropriate development of the district.
B. Adequate water supply, sewage disposal, storm drainage, fire and police protection are or can be provided for the use.
C. The use of adjacent land and buildings will not be discouraged and the value of adjacent land and buildings will not be impaired by the location, nature, and height of buildings, walls, and fences.
D. The use will have proper location with respect to existing or future streets giving access to it, and will not create traffic congestion or cause commercial or industrial traffic to use residential streets.
E. The specific standards set forth for each particular use for which a special exception may be granted have been met.
2. The applicant for a special exception shall have the burden of proof, which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact which are to be determined by the Zoning Hearing Board.
3. For any use permitted by special exception, the special exception shall be granted or denied by the Board pursuant to standards and criteria set forth in Part 6.
4. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to standards referenced in § 27-1004.1.A., as it may deem necessary to implement the purposes of this Chapter, the Dover Township Comprehensive Plan, or the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq.
5. Unless otherwise specified or extended by the Zoning Hearing Board, a special exception authorized by the Board expires if the applicant fails to obtain, where required to do so, a building permit or use certificate, or file for a subdivision or land development permit approval within six months of the date of the authorization of the special exception.
(Ord. 2024-01, 5/13/2024)
Part 11
Administration and Enactment
Administration and Enactment
1. Building Permits. For the erection, enlargement, repair, alteration, moving or demolition of any structure, a building permit shall be obtained from the Zoning Officer. This shall be in accordance with the Uniform Construction Code. A building permit expires one year from the date of issuance.
2. Use Certificates. A use certificate shall be issued by the Zoning Officer only after the applicant demonstrates compliance with all applicable municipal, State, and Federal requirements.
A. The use certificate shall be obtained for any new structure as set forth below or for any change of use of a structure or land as set forth below before such new structure or use or change of use is occupied or established:
(1) Use of structure erected, structurally altered or extended, or moved after the effective date of this Chapter.
(2) Use of vacant land except for agricultural purposes.
(3) Any change in a conforming use of a structure or land.
(4) Any change from a nonconforming use of a structure or land to a conforming use.
(5) Any change in the use of a structure or land from that permitted by any variance of the Zoning Hearing Board.
B. Before any such use or change of use is occupied or established, the applicant shall have the intended use certified by the Zoning Officer as being in compliance with this Chapter.
C. The application for a use certificate shall include a statement of the intended use and any existing use of the structure or land.
D. The certificate continues in effect as long as the use of the structure or land for which it is granted conforms with this Chapter.
3. Occupancy Permits. An occupancy permit shall be issued by the Zoning Officer only after the applicant demonstrates compliance with all applicable municipal, State, and Federal requirements and any other conditions placed on the original building permit, before any building is occupied or established.
4. Temporary occupancy permits may be issued by the Zoning Officer during the months December, January, February, March and April if bituminous (black top) driveways cannot be installed and under extreme weather conditions only at the discretion of both the Zoning Officer and the Codes Enforcement Officer.
(Ord. 2024-01, 5/13/2024)
1. Appointment and Powers. For the administration of this Chapter, a Zoning Officer, who shall not hold any elective office in the Township, shall be appointed by the Board of Supervisors.
A. The Zoning Officer 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.
B. The Zoning Officer shall administer this Chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this Chapter 27.
C. The Zoning Officer is the enforcement officer for this Chapter. He/she issues all building permits, use certificates, occupancy permits and, at the direction of the Zoning Hearing Board, special exceptions and variances. The Zoning Officer may conduct inspections and surveys to determine compliance or noncompliance with the terms of this Chapter.
2. Forms. The Zoning Officer shall provide a form or forms approved by the Township Supervisors for:
A. Building permits.
B. Special exceptions.
C. Use certificates.
D. Appeals.
E. Variances.
F. Demolition permits.
3. Action on Building Permits. Within 15 working days, except for holidays, after receipt of an application for a building permit, the Zoning Officer shall grant or refuse the permit. If the application conforms to the applicable requirements of the Uniform Construction Code and this Chapter, the Zoning Officer shall grant a permit. If the permit is not granted, he/she shall state in writing the grounds for the refusal.
4. Action on Use Certificates. Within 15 working days, except for holidays, after receipt of an application for a use certificate, the Zoning Officer shall grant or refuse the certificate. If the specifications and intended use conform in all respects with the provisions of this Chapter, he/she shall issue a certificate to that effect. If the certificate is not granted, he/she shall state in writing the grounds for the refusal.
5. Revoking Permits/Approvals. The Zoning Officer shall revoke a permit or approval issued under the provisions of this Chapter in the case of any false statement or misrepresentation of fact in an application or on the plans on which the permit or approval was based. Any permit issued in error shall in no case be construed as waiving any provision of this Chapter and such permit may be revoked.
6. Registration of Nonconformities. As of the effective date of this Chapter the Zoning Officer's responsibilities include the following:
A. The Zoning Officer may register and identify all new nonconforming uses, structures and lots, together with the reasons why the use, structure or lot is considered a nonconformity.
B. The Zoning Officer may register nonconformities in existence prior to this date as stated in § 27-1102.6.A. above.
7. Enforcement. Upon determining that a violation of any of the provisions of this Chapter exists, the Zoning Officer shall send an enforcement notice 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. 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 Chapter.
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 said notice in accordance with procedures set forth in § 27-1108.
F. That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation in accordance with § 27-1109 of this Chapter.
8. Records.
A. The Zoning Officer shall keep a record of:
(1) All applications for building permits, use certificates, special exceptions and variances and all actions taken on them, together with any conditions imposed by the Zoning Hearing Board.
(2) All complaints of violations of provisions of this Chapter and the action taken on them.
(3) All plans submitted.
B. All records and plans shall be available for public inspection.
C. Once a year, the Zoning Officer shall report to the Township Supervisors:
(1) The number of building permits and use certificates issued.
(2) The number of complaints or violations received and the action taken on these complaints or violations.
(Ord. 2024-01, 5/13/2024)
The Board of Supervisors may from time to time amend, supplement, or repeal any of the regulations and provisions of this Chapter, including the official zoning map.
1. Public Hearing(s). Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice.
A. In the case of an amendment other than that prepared by the Township Planning Commission, the Board of Supervisors shall submit each such amendment to the Township Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.
B. If after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
2. County Planning Commission Review. At least 30 days prior to the Board of Supervisors' public hearing on any amendment, the Township shall submit the proposed amendment to the York County Planning Commission for recommendations.
3. Amendments Involving Zoning Map Changes. If the proposed amendment involves a zoning map change, notice of the required public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
4. Enactment of Amendments. Proposed amendments shall not be enacted unless notice of 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.
A. 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.
B. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Township Solicitor and setting forth all the provisions in reasonable detail. If the full text is not advertised, then:
(1) A copy thereof shall be supplied to the newspaper in general circulation in the Township at the time the public notice is published.
(2) An attested copy of the proposed ordinance shall be filed in the County Law Library or other County offices designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing the ordinance.
C. In the event substantial amendments are made to the proposed amendment, before voting upon enactment, the Board of Supervisors shall, at least ten days prior to enactment, re-advertise in one newspaper of general circulation in the Township a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
D. Within 30 days after enactment of any amendment to this Chapter, a copy of the amendment shall be forwarded to the York County Planning Commission.
(Ord. 2024-01, 5/13/2024)
1. A landowner, who desires to challenge on substantive grounds the validity of this Chapter or map or any provision thereof, which prohibits or restricts the use or development of land in which the owner has an interest, may submit a curative amendment to the Board of Supervisors with a written request that the challenge and a proposed amendment be heard and decided as provided in §916.1 of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10916.1. The Board of Supervisors shall commence a hearing thereon within 60 days of the request as provided in §916.1 referenced above. The curative amendment and challenge shall be referred to the planning agency or agencies as provided in §609 of the MPC and notice of the hearing thereon shall be given as provided in §§ 610 and 916.1 of the MPC, 53 P.S. §§ 10610, 10916.1.
2. The hearing shall be conducted in accordance with §908 of the MPC, 53 P.C. § 10908 and all references therein to the Zoning Hearing Board shall, for purposes of this Section be references to the Board of Supervisors. If the Township does not accept a 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 invalidity for the entire Chapter and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
3. The governing body of a municipality which has determined that a validity challenge has merit may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
A. The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
B. If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this Chapter or Map.
C. The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, flood plains, aquifers, natural resources and other natural features.
D. The impact of the proposed use on the site's soils, slopes, woodlands, wet-lands, flood plains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.
E. The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(Ord. 2024-01, 5/13/2024)
If the Township determines that this Chapter or any portion thereof is substantially invalid, the Township shall take the following actions:
1. A Township shall declare by formal action this Chapter or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal the Board of Supervisors of the Township shall:
A. Make specific findings by resolution setting forth the declared invalidity of this Chapter which may include:
(1) References to specific uses which are either not permitted or not permitted in sufficient quantity.
(2) References to a class of use or uses which require revision.
(3) Reference to the entire Chapter which requires revisions.
B. Begin to prepare and consider a curative amendment to this Chapter to correct the declared invalidity.
2. Within 180 days from the date of the declaration and proposal, the Township Board of Supervisors shall enact a curative amendment to validate, or reaffirm the validity of this Chapter pursuant to the provisions required by §609 of the MPC, 53 P.S. §10609, in order to cure the declared invalidity of this Chapter.
3. Upon the initiation of the procedures, the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under §27-1103 nor shall the Zoning Hearing Board be required to give a report. Upon completion of the procedures, no rights to a cure pursuant to the provisions of §§609.1 and 916.1 of the MPC, 53 P.S. §§10609.1, 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Chapter for which there has been a curative amendment pursuant to this Section.
4. The Township having utilized the procedures as set forth in subsections 1. and 2. above may not again utilize said procedure for a 36-month period following the date of the enactment of a curative amendment or reaffirmation of the validity of this Chapter; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a change in statute or by virtue of a Pennsylvania appellate court decision, the Township may utilize the provisions of this Section to prepare a curative amendment to this Chapter to fulfill said duty or obligation.
(Ord. 2024-01, 5/13/2024)
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