Section
706
-
Violations
Failure
to
comply
with
any
provision
of
this
Ordinance,
failure
to
secure
a
permit,
Zoning
Hearing
Board
Certificate,
when
required,
previous
to
the
erection,
construction,
extension,
or
addition
to a
building;
or
failure
to
secure
a
Certificate
of
Use
Permit,
shall
be
violations
of
this
Ordinance.
When
an
enforcement
notice
alleging
violation
of
any
of
the
provisions
of
this
Ordinance
has
been
served
by
the
Zoning
Officer
on
the
owner,
occupant
and/or
contractor,
the
party
upon
whom
the
notice
is
served
shall
perform
in
accordance
with
that
notice.
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Section
707
-
Penalties
and
Remedies
It
shall
be
unlawful
to
erect,
construct,
reconstruct,
alter
and
maintain
or
use
any
building
or
structure
or
to
use
any
land
in
violation
of
any
provisions
of
this
Ordinance
or
amendment
thereto.
Any
person,
partnership
or
corporation
who
or
which
shall
violate
or
permit
to
be
violated
the
provisions
of
any
zoning
ordinance
enacted
under
this
act
or
prior
enabling
laws
shall,
upon
being
found
liable
therefore
in a
civil
enforcement
proceeding
brought
by
the
Township,
pay
a
judgment
of
not
more
than
five
hundred
($500)
dollars
plus
all
court
costs,
including
reasonable
attorney's
fees
incurred
by a
municipality
as a
result
thereof.
No
judgment
shall
commence
or
be
imposed,
levied
or
be
payable
until
the
date
of
the
determination
of
the
violation
by a
district
justice.
If
the
defendant
neither
pays
nor
timely
appeals
the
judgment,
the
municipality
may
enforce
the
judgment
in
the
manner
provided
in
the
rules
of
civil
procedure.
Each
day
that
a
violation
is
continued
shall
constitute
a
separate
offense,
unless
the
district
justice
that
determines
that
a
violation
has
occurred
further
shall
determine
that
there
was
a
good
faith
basis
for
the
defendant
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
by
such
district
justice
and
thereafter
every
day
shall
constitute
a
separate
offense.
All
judgments
and
cost
collected
for
the
violation
of
zoning
ordinances
shall
be
paid
over
to
the
Township
Supervisors.
In
case
any
building,
structure,
or
land
is,
or
is
proposed
to
be,
erected,
constructed,
reconstructed,
altered,
converted,
maintained
or
used
in
violation
of
any
ordinance
the
Township
Supervisors
or,
with
the
approval
of
the
Township
Supervisors,
an
officer
of
the
Township,
in
addition
to
other
remedies,
may
institute
in
the
name
of
the
Township
any
appropriate
action
or
proceeding
to
prevent,
restrain,
correct,
or
abate
such
building,
structure,
or
land,
or
to
prevent
in
or
about
such
premises,
any
act,
conduct,
business
or
use
constituting
a
violation.
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Section
708
-
Zoning
Hearing
Board
The
Township
Board
of
Supervisors
shall
appoint
a
Zoning
Hearing
Board,
which
shall
have
the
number
of
members
and
alternate
members
of
such
powers
and
authority
as
set
forth
in
Article
IX
of
the
Pennsylvania
Municipalities
Planning
Code
as
enacted
or
hereafter
amended.
The
duties
of
the
Zoning
Hearing
Board
shall
be
limited
to
the
following:
708.1
The
Board
shall
hear
and
decide
appeals
where
it
is
alleged
by
the
appellant
that
the
Zoning
Officer
has
failed
to
follow
prescribed
procedures
or
has
misinterpreted
or
misapplied
any
provision
of a
valid
ordinance
or
map
or
any
valid
rule
or
regulation
governing
the
action
of
the
Zoning
Officer.
708.2
The
Board
shall
hear
challenges
to
the
validity
of a
Zoning
Ordinance
or
map
excepting
cases
where
there
has
been
an
alleged
defect
in
the
process
of
enactment
or
adoption
and
where
a
landowner,
on
substantive
grounds,
desires
to
challenge
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.
708.3
The
Board
shall
hear
requests
for
variances
where
it
is
alleged
that
the
provisions
of
the
Zoning
Ordinance
inflict
unnecessary
hardship
upon
the
applicant.
708.4
The
Board
shall
hear
and
decide
requests
for
special
exceptions
pursuant
to
the
criteria
also
applying
to
conditional
uses
and
outlined
in
Section
404.
708.5
The
Board
shall
hear
all
appeals
which
an
applicant
may
elect
to
bring
before
it
with
respect
to
any
municipal
ordinance
or
requirement
pertaining
to
the
same
development
plan
or
development.
The
Zoning
Hearing
Board
shall
not,
under
any
circumstances,
have
the
authority
to
order
any
specific
change
in
or
amendment
to
the
Zoning
Map
or
to
allow
any
use
of
property
substantially
different
from
those
permitted
under
the
Schedule
of
Use
Regulations
for
the
particular
district.
In
all
its
actions,
the
Zoning
Hearing
Board
shall
follow
procedures
as
provided
in
Article
IX
and
X of
the
Pennsylvania
Municipalities
Planning
Code.
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Section
709
-
Appeals
An
appeal
of
this
Ordinance,
appeal
of
the
decision
of
the
Zoning
Officer,
request
for
special
exception
or
request
for
variance
shall
be
made
in
writing
to
the
Chairman
of
the
Zoning
Hearing
Board
and
shall
state:
709.1
The
name
and
address
of
the
applicant.
709.2
The
name
and
address
of
the
owner
of
the
real
estate
to
be
affected
by
such
proposed
exception
or
variance.
709.3
A
brief
description
and
location
of
the
real
estate
to
be
affected
by
such
proposed
change.
709.4
A
statement
of
the
present
zoning
classification
of
the
real
estate
in
question,
the
improvements
thereon,
and
the
present
use
thereof.
709.5
A
statement
of
the
section
of
this
Ordinance
under
which
the
variance,
or
exception
requested,
may
be
allowed,
and
reasons
why
it
should
be
granted.
709.6
Any
reasonably
accurate
description
of
the
present
improvements,
and
the
additions
intended
to
be
made
under
this
application,
indicating
the
size
of
such
proposed
improvements,
material,
and
general
construction
thereof.
In
addition,
there
shall
be
attached
a
plot
plan
of
the
real
estate
to
be
affected,
as
required
to
accompany
applications
for
building
permits,
indicating
the
location
and
size
of
the
lot,
and
size
of
improvements
now
erected,
and
proposed
to
be
erected
thereon.
If
the
Zoning
Hearing
Board
finds
the
appeal
or
request
outside
its
scope
of
jurisdiction,
it
shall
return
the
application
for
the
same
to
the
Zoning
Officer
for
proper
processing.
Appeals
shall
otherwise
be
processed
in
conformance
with
the
requirements
of
Article
X of
the
Pennsylvania
Municipalities
Planning
Code.
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Section
710
-
Variances
The
Zoning
Hearing
Board
shall
have
the
power
to
authorize
such
variances
from
this
Ordinance
as
are
permitted
under
the
Municipalities
Planning
Code.
All
applications
for
variance
shall
be
initiated
by
the
filing
of
an
application
for
same
with
the
Zoning
Officer.
The
application
shall
include
the
section
or
sections
of
the
Ordinance
from
which
the
variance
is
requested;
an
exact
description
of
the
of
the
variance
requested
and
the
reasons
for
the
variance,
including
comments
on
the
standards
as
hereinafter
provided,
together
with
such
maps,
drawings
or
other
plans
that
the
applicant
may
provide
to
describe
the
request.
Upon
receipt
the
Zoning
Officer
shall
immediately
forward
a
copy
of
the
application
to
the
Zoning
Hearing
Board,
the
Board
of
Supervisors
and
the
Township
Planning
Commission.
The
Planning
Commission
shall
review
the
application
at
its
next
regularly
scheduled
meeting
or
at
such
special
meetings
as
they
may
choose
to
call
and
forward
a
report
and
recommendations
thereon
to
the
Zoning
Hearing
Board.
The
Board
may
grant
a
variance
provided
that
the
following
findings
are
made
where
relevant
in a
given
case:
710.1
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
the
Zoning
Ordinance
in
the
neighborhood
or
district
in
which
the
property
is
located;
710.2
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
the
Zoning
Ordinance
and
that
the
authorization
of a
variance
is
therefore
necessary
to
enable
the
reasonable
use
of
the
property;
710.3
That
such
unnecessary
hardship
has
not
been
created
by
the
appellant;
710.4
That
the
variance,
if
authorized,
will
not
alter
the
essential
character
of
the
neighborhood
or
district
in
which
the
property
is
located,
not
substantially
or
permanently
impair
the
appropriate
use
or
development
of
adjacent
property,
not
be
detrimental
to
the
public
welfare;
and
710.5
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.
In
granting
any
variance,
the
Board
may
attach
such
reasonable
conditions
and
safeguards
as
it
may
deem
necessary
to
implement
the
purposes
of
this
Act
and
the
Zoning
Ordinance.
This
authority
shall
not
include
the
right
to
grant
a
use
variance
that
would,
in
fact,
alter
the
Zoning
Map
and
thus
constitute
a
re-zoning.
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Section
711
-
Amendments
The
Township
Supervisors
may
amend
the
Zoning
Ordinance
by
complying
with
the
requirements
set
forth
in
Article
VI
of
the
Pennsylvania
Municipalities
Planning
Code,
as
enacted
or
hereinafter
amended.
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
governing
body
with
a
written
request
that
his
challenge
and
proposed
amendment
be
heard
and
decided
on
as
provided
in
Section
1004
of
the
Pennsylvania
Municipalities
Planning
Code,
as
enacted
and
hereinafter
amended.
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Section
712
-
Validity
If
any
section
of
this
Ordinance
shall
be
found
to
be
invalid,
the
other
sections
of
the
Ordinance
shall
not
be
affected
thereby.