Appeals to court.
The provisions for appeals to court that are stated in the Pennsylvania Municipalities Planning Code, as amended, shall apply. (NOTE: As of the adoption date of this chapter, these provisions were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A of such Act.

Conditional uses.
A. Purpose. The conditional use approval process is designed to allow the Board of Commissioners to review and approve certain uses that could have significant impacts upon the community and the environment.
B. Procedure. The Board of Commissioners shall consider the conditional use application and render its decision in accordance with the requirements of the Pennsylvania Municipalities Planning Code.

(1) Submittal. A site plan shall be submitted, which shall contain the information listed in § 295-5D. Detailed site engineering (such as stormwater calculations and profiles) is not required at the conditional use stage. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, once a conditional use is approved. An applicant may voluntarily choose to submit a subdivision or land development plan for review at the same time as a conditional use application.
(2) Reviews.

(a) The Zoning Officer shall provide a review to the Board of Commissioners regarding the compliance of the application with this chapter.
(b) The Township shall submit a conditional use application to the Township Planning Commission for review. However, the Board of Commissioners shall meet the time limits for a decision, regardless of whether the Planning Commission has provided comments.

(3) The only uses that shall be approved as conditional uses shall be those listed as conditional uses in Article III: District Regulations.
(4) Time limit. The Board of Commissioners shall render a written decision on each conditional use application within 45 days after the last hearing on the application or as may be provided otherwise in Section 913.2 of the Pennsylvania Municipalities Planning Code,[2] as amended, or such successor provisions. For a conditional use application, the same provisions shall apply for notice of persons that apply in § 295-14A(3).

C. Consideration of conditional use application. The Board of Commissioners shall determine whether the proposed conditional use would meet the applicable requirements of this chapter. The same standards shall apply to a conditional use as are listed in § 295-18C for a special exception use.
D. Conditions. In approving conditional use applications, the Board of Commissioners may attach conditions it considers necessary to protect the public welfare and meet the standards of this chapter. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and shall be subject to the penalties described in this chapter.

All of the enforcement, violations and penalty provisions of the Pennsylvania Municipalities Planning Code, as amended, are hereby incorporated into this chapter by reference. (NOTE: As of the adoption date of this chapter, these provisions were primarily in Sections 616.1, 617 and 617.2 of such Act.)
A. Violations. Any person who shall commit or who shall permit any of the following actions violates this chapter:

(1) Failure to secure a zoning permit prior to any of the following:

(a) A change in use of land or structure;
(b) The erection, construction or alteration of any structure or portion thereof;
(c) The placement of a sign;
(d) A change in the area of a use or the land coverage or setback of a use; or
(e) The excavation or grading of land to prepare for the erection, construction or alteration of any structure or portion thereof;

(2) Placement of false statements on or omitting relevant information from an application for a zoning permit;
(3) Undertaking any action in a manner which does not comply with this chapter and/or with a zoning permit;
(4) Violation of any condition imposed by a decision of the Zoning Hearing Board in granting a variance or special exception or other approval;
(5) Violation of any condition imposed by a decision of the Board of Commissioners in granting any approval under this chapter; or
(6) Violation of any condition imposed by a decision of a court of competent jurisdiction, where such court has granted zoning approval with conditions.

B. Enforcement notice. If the Township has reason to believe that a violation of a provision of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in Section 616.1 of the Pennsylvania Municipalities Planning Code. Prior to sending an official enforcement notice, the Zoning Officer may, at his/her option, informally request compliance.
C. Time limits. An official enforcement notice shall state the deadline to complete bringing the property into compliance with this chapter and shall state that the applicant has 30 days from the receipt of the notice to appeal to the Zoning Hearing Board.
D. Enforcement, penalties and remedies. The causes of action and enforcement remedies provisions of the Pennsylvania Municipalities Planning Code, as amended, are hereby incorporated by reference. (NOTE: As of the adoption date of this chapter, such provisions were primarily in Sections 617 and 617.2 of such law.[3])

(1) Violations and penalties. Any person, partnership, corporation or other entity who has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500, plus all court costs, including the reasonable attorneys' fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be 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 a Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person 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. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Township for the general use of the Township. Imprisonment is not authorized under this chapter.
(2) Remedies. In case any building, structure, sign or landscaping is erected, constructed, reconstructed, altered, repaired, converted, maintained or used or any land is used or activity conducted in violation of this chapter or any of the permits issued under this chapter or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board, then, in addition to any other remedies provided by law, the Board of Commissioners may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping, use or activity or to prevent, in and about such premises, any act, conduct, business or use constituting a violation.

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

A Township fee schedule for permits and applications may be established and amended by written resolution of the Board of Commissioners. No application or appeal shall be considered filed until all fees are paid.

Hearings and decisions.
The following requirements shall apply to procedures, hearings and decisions of the Zoning Hearing Board:
A. Notice of hearings. Notice of all hearings of the Board shall be given as follows:

(1) Ad. Public notice shall be published, as defined by Section 107 of the Pennsylvania Municipalities Planning Code. The notice shall state the time and place of the hearing and the particular nature of the matter to be considered.
(2) Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The Township staff shall post the property. It is the responsibility of the applicant to make sure that such notice remains posted until the hearing.
(3) Persons given notice. The Township shall provide written notice to the applicant of the time and place of the hearing. The Township should also provide notice to the Chairperson of the Board of Commissioners. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely request for such notice. In addition, the Township should give notice to the last known address of the primary owner of record of land within 300 feet of the affected lot in each direction along the street frontage and 100 feet to the side or rear of the affected lot or that is contiguous to or directly across the street from the subject lot. All such notices should be mailed or delivered to the last known address. If a matter involves a location within 300 feet of the boundary of another municipality, notice of the hearing should also be provided to the offices of such other municipality.

B. Initiation of hearings. A hearing required under this chapter shall be commenced within 60 days of the date of the receipt of an applicant's request for a hearing, unless the applicant has agreed, in writing, to an extension of time. Hearings shall comply with Section 908 of the Pennsylvania Municipalities Planning Code.
C. Decision/findings.

(1) 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.
(2) Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for such conclusions.
(3) References shall be provided to the most pertinent section(s) of this chapter and/or the Pennsylvania Municipalities Planning Code for conclusions based upon such law, as well as why the conclusion is appropriate in light of the facts.
(4) If the hearing is conducted by a Hearing Officer [§ 295-13A(4).] 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 the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the Hearing Officer.

D. Notice of decision. A copy of the final decision shall be delivered or mailed to the applicant or his/her representative at their last known address not later than the time limit established by the Pennsylvania Municipalities Planning Code, as amended. [NOTE: As of the adoption date of this chapter, such provisions were within Section 908(9) and 908(10) of such Act,[3] including provisions regarding notice to other parties.]
E. See also Section 908 of the Pennsylvania Municipalities Planning Code.

See § 295-5: Permits and certificates for detailed information.

Permits and variances.
A. Future uses. Except as specifically provided in Subsection § 295-133A(1), § 295-133A(2) and § 295-133A(3) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularly to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with § 295-133D.

(1) In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
(2) In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limit prescribed for such approach zones.
(3) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zones, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic feature, would extend above the height limit prescribed for such transition zones.
(4) Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any of the height limits established by this article, except that no permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.

B. Existing uses. Before any nonconforming structure may be replaced, substantially altered or rebuilt or tree allowed to grow higher or be replanted, a permit must be secured from the Township authorizing the replacement or change. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this article, or any amendments thereto, or than it is when the application for a permit is made.
C. Nonconforming uses abandoned or destroyed. Whenever the Zoning Officer determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from this article.
D. Variance. Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth or otherwise use his property in violation of airport zoning regulations may apply for a variance from the zoning regulations in question pursuant to Article I. A variance shall only be granted after the requirements of § 295-13D(3) are satisfied. A variance may be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship, and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of the regulations and this article. Any variance may be granted subject to any reasonable conditions that the Zoning Hearing Board may deem necessary to effectuate the purposes of this article. Notwithstanding any other provision of law, if the Zoning Hearing Board decides to grant a permit or variance under this article, it shall notify the Department of Transportation of its decision. This notice shall be in writing and shall be sent so as to reach the Department at least 10 days before the date upon which the decision is to issue.

(1) The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Additionally, no application for variance to the requirements of this article may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the Airport Manager (or person of equivalent description) for advice as to the aeronautical effects of the variance. If the Airport Manager (or person of equivalent description) does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act without such input to grant or deny said application.

E. Hazard marking and lighting. In granting any permit or variance under this section, the Zoning Hearing Board shall, if it deems the action advisable to effectuate the purpose of this article and reasonable under the circumstances, so condition the permit or variance as to require the owner of the structure or object of natural growth in question to permit the Township, at its own expense, or require the person or persons requesting the permit or variance, to install, operate and maintain thereon, at the owner's expense, such markers and lights as may be required by guidelines or regulations adopted by the FAA.
F. Conflicts. In the event of conflict between any airport zoning regulations adopted under this article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, and whether the other regulations were adopted by the municipality which adopted the airport zoning regulations or by some other municipality or otherwise, the more stringent limitation or requirement shall govern and prevail.

Powers of Zoning Hearing Board.
The Zoning Hearing Board shall, in addition to the other powers granted to it, have and exercise the following powers:
A. To hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Officer in the enforcement of this article;
B. To hear and decide special exceptions to the terms of this article, upon which such Zoning Hearing Board may be required to pass; and
C. To hear and decide specific variances.

Special exceptions.
A. Purpose. The special exception process is designed to allow careful review of uses that have some potential of conflicts with adjacent uses or areas.
B. Special exception procedure.

(1) A site plan shall be submitted, which shall contain the information required in § 295-5D. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a special exception is approved.
(2) The Zoning Officer should provide a review to the Zoning Hearing Board regarding the compliance of the application with this chapter.
(3) The Zoning Hearing Board shall follow the procedures provided in § 295-14: Hearings and decisions..
(4) The Township staff should offer a special exception application to the Township Planning Commission for any advisory review that the Commission may wish to provide. However, the Zoning Hearing Board shall meet the time limits of Pennsylvania law for a decision, regardless of whether the Township Planning Commission has provided comments.
(5) Time limits. See Section 908 of the Pennsylvania Municipalities Planning Code.[1]

C. Consideration of special exception applications. When special exceptions are allowed by this chapter, the Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with standards established by this chapter, including the following:

(1) Compliance with this chapter. The applicant shall establish by credible evidence that the application complies with all applicable requirements of this chapter. The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate this compliance.
(2) Compliance with other laws. The approval may be conditioned upon the applicant later showing proof of compliance with other specific applicable Township, Pennsylvania and federal laws, regulations and permits. Required permits or other proof of compliance may be required to be presented to the Township prior to the issuance of any zoning permit, building permit, certification of occupancy and/or recording of an approved plan.
(3) Traffic. The applicant shall establish that the traffic from the proposed use will be accommodated in a safe and efficient manner that will minimize hazards and congestion after considering any improvements proposed to be made by the applicant as a condition on approval.
(4) Site planning. The application shall include proper site layout, internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter.
(5) Neighborhood. The proposed use shall not substantially change the character of any surrounding residential neighborhood after considering any proposed conditions upon approval, such as limits upon hours of operation.
(6) Safety. The proposed use shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
(7) Natural features. The proposed use shall be suitable for the site, considering the disturbance of steep slopes, mature woodland, wetlands, floodplains, springs and other important natural features.

D. Conditions. In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines are necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.