Pequea Township

ARTICLE 20

INTERPRETATION, ADMINISTRATION AND ENFORCEMENT

Section 2000 Interpretation

The provisions of this Ordinance, in their interpretation and

application, shall be held to be the minimum requirements

adopted for the promotion of the public health, safety, morals

and general welfare of the Township. Any use, structure,

building, sign, or landscaping shall conform with all provisions

of this Ordinance unless the use, structure, building, sign or

landscaping shall be lawfully nonconforming or unless the Zoning

Hearing Board shall have granted a variance to permit such use,

structure, building, sign or landscaping. Nothing in this

Ordinance shall require any change in plans or construction of

a use, structure, building, sign or landscaping for which a

zoning permit has been issued by the Township prior to the

effective date of this Ordinance or any amendment thereto if the

work authorized by such zoning permit is undertaken (other than

excavations and foundations) within a period of thirty (30)

calendar days after the issuance date of said permit and is

completed within one (1) year of the date of issuance of such

permit.

Section 2001 Zoning Officer

The provisions of this Ordinance shall be administered and

enforced by an agent, to be appointed by and serve at the

pleasure of the Board of Supervisors who shall be known as the

Zoning Officer. The Zoning Officer shall administer this

Ordinance in accordance with its literal terms and shall not

have the power to permit any construction or use which does not

conform to this Ordinance and all other applicable Township and

County Ordinances and applicable statutes and regulations. The

Zoning Officer may be provided with assistance of such persons

as the Board of Supervisors may direct.

Section 2002 Duties and Responsibilities of the Zoning Officer

The Zoning Officer shall have all of the powers conferred upon

him by this Ordinance in addition to those reasonably implied

for that purpose. The powers of the Zoning Officer shall

include, but shall not be limited to:

A) Applications and Permits. The Zoning Officer shall

receive, examine, and process all applications for zoning

permits and/or certificates of use and occupancy for the

erection, construction, alteration, repair, extension,

demolition, replacement, relocation, conversion, use,

change of use, and/or occupancy of land, buildings,

structures, signs, and/or landscaping in the Township. The

Zoning Officer shall record and file all applications for

permits and accompanying plans and documents and keep them

for public record. The Zoning Officer shall also be the

official to first receive special exception applications

Pequea Township Zoning Ordinance 385

(see Section 1901).

B) Inspection. The Zoning Officer may, and if requested by

the Board of Supervisors or the permit holder, shall make

at least one inspection during the progress of the work for

which a zoning permit has been issued. Upon completion of

the work and before issuance of a Certificate of Use and

Occupancy, he shall make a final inspection of the property

to assure compliance with all provisions of this Ordinance

and all other applicable Township and County Ordinances and

applicable statutes and regulations.

C) Nonconforming Uses, Buildings and Lots. The Zoning Officer

shall inspect nonconforming uses, building and lots and

keep a record of such nonconforming uses, buildings and

lots as a public record.

D) Official Records. It shall be the duty of the Zoning

Officer to maintain and be responsible for all pertinent

records on zoning matters in the Township. These record

shall include, but not be limited to, all applications

received, copies of all permits and certificates issued,

copies of orders and findings of the Zoning Hearing Board,

written complaints of alleged violations, records of all

inspections made, a current copy of this Ordinance and all

amending ordinances, a copy of the current zoning map, and

all other pertinent information. The records of the Zoning

Officer shall be available for the use of the township

government and inspection by any interested party during

normal office hours. The Zoning Officer shall submit to

the Board of Supervisors a written statement of all zoning

permits and certificates of use and occupancy issued and

all notices of violations and stop work orders recommended

or promulgated as requested by the Board of Supervisors.

E) Presentation of Evidence and Testimony. Upon request of

the Board of Supervisors or the Zoning Hearing Board, the

Zoning Officer shall present to such bodies facts, records,

and any similar information on specific requests to assist

such bodies in reaching their decisions.

F) Complaints Regarding Violations. The Zoning Officer may,

and when in receipt of a signed written complaint stating

fully the cause and basis thereof, shall investigate

alleged violations of the Zoning Ordinance. If a signed

written complain is received, said investigation shall be

completed within fifteen (15) days of receipt of said

complaint. A written report of all investigations of

alleged violations of this Ordinance shall be prepared and

properly filed and a copy shall be sent to the Board of

Supervisors. If, after investigation, the Zoning Officer

determines that a violation has occurred, he shall take

action as provided in this Ordinance.

G) Enforcement. The Zoning Officer shall enforce the

Pequea Township Zoning Ordinance 386

provisions of this Ordinance in accordance with Article 23

herein. The Zoning Officer shall have the power to issue

enforcement notices and to commence civil enforcement

actions before the District Justice.

H) Stop Work Orders. The Zoning Officer may issue stop work

orders when the Zoning Officer determines that a violation

of this Ordinance exists or that construction is being

conducted in a manner not authorized by a zoning permit or

in a manner violating any approvals issued under this

Ordinance. The Zoning Officer may issue stop work orders

orally or in writing. If the Zoning Officer issues an oral

stop work order, the Zoning Officer shall subsequently

confirm the oral stop work order with a written notice

within five (5) days.

Section 2003 Zoning Permits

A) Requirement. A landowner, tenant and/or contractor shall

obtain a zoning permit from the Zoning Officer for

activities falling within any of the following categories:

1) The erection, construction, demolition, alteration,

extension, replacement, relocation, or conversion of

any building or structure or any activity to prepare

the site for the erection, construction, demolition,

alteration, extension, replacement, relocation or

conversion of any building or structure.

2) The change in use of any building, structure, sign

and/or land, including activities to prepare the site

for a change in use.

3) Any non-agricultural grading, blasting, excavating,

cutting or filling which causes disturbance of the

following areas: (i) activities resulting in an

aggregate disturbance of more than 1,000 square feet of

area with existing undisturbed slopes between 0% and

5%; or (ii) activities resulting in an aggregate

disturbance of more than 500 square feet with existing

undisturbed slopes between 5% and 15%; or (iii)

activities resulting in the disturbance of any land

with existing slopes over 15%; or (iv) activities

disturbing existing slopes over 5% which are within 25

feet of any property line, right-of-way or structure on

an adjoining lot.

No zoning permit shall be required for repairs to or

maintenance of any building, structure or land, provided

such repairs do not change the use, alter the exterior

dimensions of the building or structure, or otherwise

violate the provisions of this Ordinance or any other

applicable Township or County ordinance or applicable

statute or regulation. This provision shall not alter the

requirements for zoning permits in the Floodplain District.

Pequea Township Zoning Ordinance 387

B) Application for Zoning Permit.

1) The applicant for a zoning permit shall submit an

application on forms provided by the Township. The

application may be made by the owner or lessee of the

property or the agent of either, provided, however,

that if the application is made by a person other than

the owner or lessee, the application shall be

accompanied by a written authorization from the owner

or lessee designating the agent and authorizing the

work.

2) The application for a zoning permit shall include (i)

a description of the proposed work and/or use and

occupancy of the building, structure and/or land as

well as any other information required by the

application form or the Zoning Officer to determine

compliance with this Ordinance and other applicable

Township, County, state and federal ordinances,

statutes and regulations; (ii) plans, in duplicate,

drawn to scale, showing the actual dimensions and shape

of the lot, the size and location and dimensions of the

proposed use, building or alteration, and all other

pertinent information; and (iii) the application fee.

The application shall not be considered complete

without the fee established by the Board of Supervisors

by ordinance or resolution. The applicant shall also

submit all necessary information to demonstrate:

a) Approval and recording of any necessary

subdivision and/or land development plan, if

applicable.

b) Submission to and approval by the Lancaster County

Conservation District of a sedimentation and

erosion control plan where earth disturbance

activities are proposed.

c) Issuance of a permit to install or modify an onlot

sewage disposal system or issuance of a permit

by the provider of public sewer service, as

applicable.

d) Issuance of a permit to connect to a public water

supply, if applicable.

e) Issuance of any permits required for the

relocation or alteration of any existing public

utility line or other facility.

3) All applications for zoning permits pertaining to

properties containing or adjacent to properties

containing archaeological resources or historic sites

shall comply with the requirements of Article 8 of this

Ordinance.

Pequea Township Zoning Ordinance 388

C) Approval or Disapproval of Application. Upon receipt of the

application, the Zoning Officer shall examine the

application and supporting information to determine

compliance with this Ordinance and other applicable

Township and County ordinances, statutes and regulations.

The Zoning Officer shall determine if subdivision and/or

land development approval has been obtained, if state

sanitation inspection requirements have been met, and, in

the case of public buildings, required permits have been

issued by the Department of Labor and Industry. The Zoning

Officer shall disapprove an application which does not

comply with all applicable statutes, regulations, and

Township and County ordinances. The Zoning Officer shall

notify the applicant in writing of the approval or

disapproval of the application. If the Zoning Officer

disapproves an application, the Zoning Officer shall

provide reasons for such action.

D) Issuance and Posting of Permits. Upon approval of the

application by the Zoning Officer, the Zoning Officer shall

issue a zoning permit place card which shall be visibly

posted on the site of operations during the entire time of

construction. The zoning permit shall expire one (1) year

from the date of issuance, provided that it may be extended

at the discretion of the Zoning Officer for six (6) month

periods not to exceed a total of one (1) year.

E) Rights of Permit Holders. The zoning permit shall be

authorization under this Ordinance to proceed with the work

described in the application. A zoning permit shall not be

deemed to supersede or annul any restrictions on the use or

development of the property imposed by deed restrictions,

restrictive covenants, or other private agreements. Permit

holders shall proceed with work at their own risk and

subject to the rights of aggrieved persons to appeal the

issuance of the zoning permit as authorized by the

Municipalities Planning Code or to take action to enforce

deed restrictions, restrictive covenants, or private

agreements as authorized by law.

F) Revocation of Zoning Permit. The Zoning Officer shall

revoke a zoning permit or approval issued under the

provisions of this Ordinance in the case of any false

statement or misrepresentation of fact in the application

on which the permit or approval was based, or if the permit

or approval was issued in error, or if work is not

undertaken in accordance with the terms of the permit or

approval, or for any other proper cause.

Section 2004 Certificate of Use and Occupancy

A) Certificate of Use and Occupancy Required. It shall be

unlawful to use and/or occupy any structure, building or

land or portion thereof for which a zoning permit is

required until a certificate of use and occupancy has been

Pequea Township Zoning Ordinance 389

issued by the Zoning Officer. The Zoning Officer shall not

issue a certificate of use and occupancy unless he has

inspected said structure, building or land and has

ascertained compliance with all provisions of the Zoning

Ordinance and all other applicable Township and County

ordinances, statutes and regulations.

B) Issuance. Upon the receipt of written notification that

the work for which a zoning permit has been issued had been

completed, the Zoning Officer shall inspect the premises

within fifteen (15) days to determine that the work has

been performed in accordance with the approved application

and other applicable Township and County Ordinances, statutes

and regulations. If he is satisfied that the work has

been performed in accordance with the approved application

and applicable ordinances, statutes and regulations, he

shall issue a certificate of use and occupancy to the

permit holder for the use indicated on the approved

application. A copy of the certificate of use and

occupancy shall be retained by the Zoning Officer as part

of the records. If he finds that the work has not been

performed in accordance with the approved application, the

Zoning Officer shall refuse to issue the certificate of use

and occupancy and, in writing, give the reasons therefore

and inform the permit holder of his rights of appeal to the

Zoning Hearing Board.

C) Temporary Certificate of Use and Occupancy. Upon written

request of a holder of a Zoning Permit, the Zoning Officer

may issue a temporary certificate of use and occupancy for

a structure, building, sign and/or land, or portion

thereof, before the entire work covered by the zoning

permit shall have been completed. Such portion or portions

may be used and/or occupied prior to full completion of the

work, provided that public health, safety or welfare is not

endangered.

The Zoning Officer shall also issue a temporary certificate

of use and occupancy for such temporary uses as tents,

trailers, and buildings on construction sites, use of lands

for public or semi-public purposes, or other temporary use

and/or occupancy upon order of the Zoning Hearing Board.

Such temporary certificates of use and occupancy shall be

for the period of time to be determined by the Zoning

Hearing Board, but in no case shall any temporary

certificate of use and occupancy be issued for more than

six (6) months. The applicant shall completely remove the

structure or use authorized by the temporary certificate of

use and occupancy upon expiration of the permit without

cost to the Township.

D) Certificate of Use and Occupancy for Mobile Home Parks. A

certificate of use and occupancy for mobile home parks

shall be issued for a period of one (1) year only and shall

be annually renewed as provided in Article 11 of this

Pequea Township Zoning Ordinance 390

Ordinance.

Pequea Township Zoning Ordinance 391

12-21-04

ARTICLE 21

AMENDMENTS

Section 2100 Amendments

The Board of Supervisors of the Township may, from time to time

as hereinafter provided, amend, supplement, change or repeal

this Ordinance or the Official Zoning Map of the Township. Any

amendment, supplement, change or repeal may be initiated by the

Board of Supervisors, the Township Planning Commission or by a

petition to the Board of Supervisors.

Section 2101 Procedure for Petition to the Board of Supervisors

When the amendment, supplement, change or repeal is initiated by

petition to the Board of Supervisors, the Zoning Officer shall

simultaneously transmit said petition to the Board of

Supervisors and a copy of said petition to the Township Planning

Commission except that when the Zoning Officer determines that

the petition is substantially the same as a petition submitted

within six (6) months previous, he shall transmit the petition

to the Board of Supervisors who shall instruct the Zoning

Officer to process the petition as specified in this Article or,

stating their reasons, refuse to take further action on the

petition.

The petition for amendment, supplement, change or repeal shall

be submitted in duplicate and contain information to identify

the petitioner, the amendment, supplement, change or repeal. In

instances where the petition requests a change in the boundaries

of a Zoning District on the Official Zoning Map, a plan with

distances and data sufficient to identify the property to be

reclassified and any other information requested by the Zoning

Officer shall be submitted. Such petition shall be signed by at

least one (1) record owner of the property involved and contain

a duly notarized affidavit.

All fees to be paid pursuant to this Ordinance shall be

determined by resolution of the Board of Supervisors.

Section 2102 Amendment Initiated by Township Planning

Commission

When an amendment, supplement, change or repeal is initiated by

the Township Planning Commission, a report of the proposed

amendment, supplement, change or repeal shall be presented to

the Zoning Officer. Said report shall be processed in the same

manner as a petition to the Board of Supervisors which has

already been reviewed by the Township Planning Commission.

Section 2103 Amendment Initiated by the Board of Supervisors

When an amendment, supplement, change or repeal is initiated by

the Board of Supervisors, the Board of Supervisors shall

instruct the Zoning Officer to submit the proposal to the

Pequea Township Zoning Ordinance 392

Township Planning Commission.

Section 2104 Referral to the Township and County Planning

Commissions

After receipt of the petition by the Board of Supervisors, said

petition shall be presented to the Township and Lancaster County

Planning Commissions for their review and recommendations at

least thirty (30) days prior to the public hearing. A report of

the Township Planning Commission’s review, together with any

recommendations, shall be given to the Board of Supervisors in

writing within forty-five (45) days from the date of said

referral. The recommendation of the Township Planning

Commission shall include a specific statement as to whether or

not the proposed action is in accordance with the intent of any

formally adopted Township Comprehensive Plan. The recommendation

of the Lancaster County Planning Commission shall be made

to the Board of Supervisors within forty-five (45) days, and

action upon the proposal shall not be taken until such

recommendation is made. If, however, the Lancaster County

Planning Commission fails to act within forty-five (45) days,

the Board of Supervisors may proceed without its recommendation.

Section 2105 Public Hearing

The Board of Supervisors shall fix a time and place for a public

hearing at which parties of interest and citizens shall have an

opportunity to be heard. Notice of such public hearing shall be

given in accordance with the requirements of the Municipalities

Planning Code.

Section 2106 Action by Board of Supervisors

At the time and place specified, the Board of Supervisors shall

conduct a hearing on said petition to amend, supplement, change

or repeal the Zoning Ordinance or Zoning Map of the Township and

may thereafter either reject the proposed change or adopt an

ordinance implementing the proposed change. The Board of

Supervisors may adjourn said hearing in its discretion to a time

and place certain.

Pequea Township Zoning Ordinance 393

12-21-04

ARTICLE 22

ZONING HEARING BOARD

Section 2200 Creation and Membership

There is hereby created a Zoning Hearing Board which shall

consist of five (5) members who shall be appointed by resolution

of the Board of Supervisors. Zoning Hearing Board members shall

be residents of the Township and shall serve for five (5) year

terms which shall be fixed so that the term of office of no more

than one (1) member shall expire that year. The Zoning Hearing

board shall promptly notify the Board of Supervisors of any

vacancies which shall occur, and appointments to fill such

vacancies shall be only for the unexpired portion of the term.

Members of the Zoning Hearing Board shall hold no other office

in the Township. Any member of the Zoning Hearing Board may be

removed for malfeasance, misfeasance, or nonfeasance in office

or for other just cause by a majority vote of the Board of

Supervisors taken after the member has received fifteen (15)

days’ advance notice of the intent of the Board of Supervisors

to take such a vote. A hearing shall be held in connection with

the vote if the member shall request such hearing in writing.

The Board of Supervisors may, in its discretion, appoint by

resolution between one (1) and three (3) alternate members to

the Zoning Hearing Board. Such alternate members shall have the

right to participate in all hearings of the Zoning Hearing Board

but shall be entitled to vote only as provided in Article IX of

the Municipalities Planning Code. Whenever the term "Board" is

used in this Article, it shall mean the Zoning Hearing Board.

Section 2201 Organization of the Zoning Hearing Board

The Zoning Hearing Board shall elect from its membership its

officers, who shall serve annual terms as such and may succeed

themselves. For the conduct of any hearing and the taking of

any action, a quorum shall be not less than three (3) members.

If the Board of Supervisors has appointed alternate members to

the Zoning Hearing Board, the Chairman of the Zoning Hearing

Board may designate alternate members to participate and vote

upon designated applications in accordance with the regulations

contained in Article IX of the Municipalities Planning Code.

The Zoning Hearing Board may also 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 in the

Municipalities Planning Code. The Zoning Hearing Board may

make, alter, and rescind rules and forms for its procedure,

consistent with the ordinances of the Township and the laws of

the Commonwealth. The Zoning Hearing Board shall keep full

public records of its business, which records shall be the

property of the Township and shall submit a report of its

activities to the Board of Supervisors as requested by the Board

of Supervisors.

Section 2202 Hearings

Pequea Township Zoning Ordinance 394

The Zoning Hearing Board shall conduct hearings and make

decisions in accordance with the following requirements:

A) The Zoning Hearing Board shall fix a reasonable time and

place for the hearing and shall give notice as required by

the MPC.

B) The hearing shall be held within such time periods as are

required by the Municipalities Planning Code.

C) The hearings shall be conducted by the Board or the Board

may appoint any member as a Hearing Officer. The decision

or, where no decision is called for, the findings shall be

made by the Board, but the parties may waive decision or

findings by the Board and accept the decision or findings

of the Hearing Officer as final.

D) The parties to the hearing shall be the Applicant, 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. The Board shall have

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.

E) The chairman or acting chairman of the Zoning Hearing Board

or the Hearing Officer presiding shall have power to

administer oaths and issue subpoenas to compel the

attendance of witnesses and documents requested by the

parties.

F) 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.

G) Formal rules of evidence shall not apply, but irrelevant,

immaterial, or unduly repetitious evidence may be excluded.

H) The Zoning Hearing Board or 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 Zoning Hearing

Board. The cost of the original transcript shall be paid

by the Zoning Hearing Board if the transcript is ordered by

the Zoning Hearing Board or Hearing Officer or shall be

paid by the person appealing from the decision of the

Zoning Hearing Board if such appeal is made. 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.

I) The Zoning Hearing Board or Hearing Officer shall not

Pequea Township Zoning Ordinance 395

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, except advice

from its Solicitor, unless the parties are afforded an

opportunity to contest the material so noticed and shall

not inspect the site or its surroundings after the commencement

of hearings with any party or his representative

unless all parties are given an opportunity to be present.

J) The Zoning Hearing Board shall conduct hearings and render

its decision within the time limits and in the manner

required by the MPC.

K) A copy of the final decision, or where no decision is

called for, of 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 Zoning Hearing board

no later than the last day of the hearing, the Zoning

Hearing 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.

Section 2203 Zoning Hearing Board Functions

The Zoning Hearing Board shall have the following functions and

duties:

A) The Board shall hear and render final adjudications

concerning substantive challenges to the validity of any

land use ordinance in accordance with Article IX of the

Municipalities Planning Code.

B) The Board shall hear and render final adjudications

concerning challenges to the validity of a land use

ordinance raising procedural questions or alleged defects

in the process of enactment which challenges shall be

raised by an appeal taken within thirty (30) days after the

effective date of said land use ordinance.

C) The Zoning Hearing Board shall hear and render final

adjudications concerning appeals from the determination of

the Zoning Officer, including, but not limited to, the

granting or denial of any permit, or the failure to act on

the application therefore, the issuance of any notice of

violation or cease and desist order or the registration or

refusal to register any nonconforming use, structure or

lot.

D) Special Exceptions. When special exceptions may be

provided for in this Ordinance, the Board shall hear and

decide requests for such special exceptions in accordance

Pequea Township Zoning Ordinance 396

with stated procedures, standards, and criteria (see

Article 19).

1) The applicant shall establish by credible evidence

compliance with all conditions on the special exception

enumerated in the Section which gives the applicant the

right to seek the special exception.

2) The applicant shall provide the Board with sufficient

plans, studies or other data to demonstrate compliance

with all applicable regulations.

3) Unless otherwise specified by the Board or by law, a

special exception shall expire if the applicant fails

to obtain a zoning permit within two (2) years from the

date of authorization thereof by the Board or by the

court if such special exception has been granted after

an appeal, or fails to complete any erection, constructions,

reconstruction, alteration or change in use

authorized by the special exception approval within

three (3)years from the date of authorization thereof

by the Board, or by the court if such special exception

has been granted after an appeal. The Board, upon

written application and for reasonable cause shown, may

extend the approval for an additional period of up to

one (1) year.

E) Variances. The Board shall hear requests for variances

where it is alleged that the provisions of the Ordinance

inflict unnecessary hardship upon the applicant. The Board

may prescribe the form of application and shall require

submission of a site plan containing the information

required in the Section for applications concerning nonresidential

uses or residential uses containing four (4) or

more dwelling units. The Board may grant a variance,

provided the following findings are made where relevant in

a given case. The burden of proof shall rest with the

applicant.

1) That there are unique physical circumstances or

conditions, including irregularity, narrowness, or

shallowness of a 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 Ordinance in the neighborhood of or district in

which the property is located.

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 this Ordinance and that the authorization

of a variance is therefore necessary to enable the

reasonable use of the property.

Pequea Township Zoning Ordinance 397

3) That such unnecessary hardships have not been created

by the applicant.

4) 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) 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.

6) In granting any variance, the Board may attach such

reasonable conditions and safeguards as it may deem

necessary to implement the purposes of this Ordinance.

The Board shall require that adequate on or off-site

water and sewage disposal facilities are available for

the use intended.

7) Unless otherwise specified by the Board, a variance

shall expire if the applicant fails to obtain a zoning

permit within two (2) years from the authorization

thereof by the Board, or by the court if such variance

has been granted after an appeal, or fails to complete

any erection, construction, reconstruction, alteration

or change in use authorized by the variance within three

(3) years from the date of authorization thereof by the

Board, or by the court if such variance has been granted

after an appeal. The Board, upon written application

for reasonable cause shown, may extend the approval for

an additional period of up to one (1) year.

F) The Zoning Hearing Board shall hear and render final

adjudications in any other matter for which the Zoning

Hearing Board shall have been granted jurisdiction by

Article IX of the Municipalities Planning Code.

Section 2204 Time Limitations

A) Appeals from the denial of an application by the Zoning

Officer or from any determination rendered by the Zoning

Officer or from the issuance of an enforcement notice shall

be filed within thirty (30) days of the denial of the

application, determination, or issuance of the enforcement

notice.

B) No person shall be allowed to file any proceeding with the

Zoning Hearing Board later than thirty (30) days after any

application for development, preliminary or final, has been

approved by the Board of Supervisors or later than thirty

(30) days after a permit has been issued by the Zoning

Officer if such proceeding is designed to secure reversal

Pequea Township Zoning Ordinance 398

or limit the approval of the permit in any manner unless

such person alleges and proves that he had no notice or

knowledge or reason to believe that such approval has been

given. If such person has succeeded to his interest after

such approval, he shall be bound by the knowledge of his

predecessor in interest.

C) No appeal shall be considered filed with the Zoning Hearing

Board unless any applicable filing fee has been paid.

Section 2205 Appeals

Any party aggrieved by any decision of the Zoning Hearing Board

may appeal to the Court of Common Pleas of Lancaster County in

the manner provided by the laws of the Commonwealth of

Pennsylvania and Article X-A of the Municipalities Planning

Code.

Section 2206 Application Requirements and Procedures

A) Submission. An application, including an appeal, to the

Zoning Hearing Board shall be submitted to the Zoning

Officer. All applications shall be made on the form

supplied by the Township and shall contain all information

requested on such form. All applications shall contain the

following information:

1) Name and address of the applicant and, if different, the

name and address of the landowner. If the applicant is

not the landowner of record, the applicant shall include

information demonstrating that the applicant has the

legal right to make the application with the

application.

2) Dimensions and shape of the lot which is the subject of

the application, and the exact location and dimensions

of all structures existing or proposed.

3) The height of any proposed buildings or structures.

4) Existing and proposed uses of all existing and proposed

structures.

5) Existing and proposed off-street parking and loading

spaces.

6) Names and addresses of adjoining property owners,

including properties directly across a public right-ofway.

7) A site plan with sufficient detail and accuracy to

demonstrate compliance with all applicable provisions

of this Ordinance.

8) A written description of the proposed use in sufficient

Pequea Township Zoning Ordinance 399

detail to demonstrate compliance with all applicable

provisions of this Ordinance if requesting a special

exception or demonstrating unnecessary hardship if

requesting a variance or explaining how the Zoning Officer

erred in an appeal from a determination of the

Zoning Officer.

9) A reference to all Sections of this Ordinance which are

relevant to the application or appeal.

10) A listing of all special exceptions and/or variances

which the applicant is requesting.

11) Any additional information for a special exception

application required by Sections 1902, 1903 or other

Section of Article XIX of this Ordinance.

B) Application Fee. Applicants shall include the appropriate

fee established by resolution or ordinance by the Board of

Supervisors. Failure to pay the required filing fee shall

render the application incomplete.

C) Review of Application for Completeness. The Zoning Officer

shall review the application to determine if it is

generally in a form that complies with the terms of this

Ordinance. If within five (5) business days from the date

of submission the Zoning Officer determines that the

application is incomplete, the Zoning Officer may return

the application to the applicant and inform the applicant

that his application is incomplete. If the Zoning Officer

fails to return an application to the applicant within the

five day period, it shall not be deemed an acknowledgement

by the Township that the application meets the requirements

of this Ordinance. Notwithstanding the foregoing, the

Zoning Officer shall not be authorized to return appeals

from a determination of the Zoning Officer.

D) Closing of application. After the Zoning Officer has

reviewed the application and any supplemental information

submitted for completeness and the hearing has been

advertised, the application shall be considered closed.

The applicant shall not be permitted at the hearing to

change the application or supplement the application with

plans or other information which should have been submitted

with the application, and the Zoning Hearing Board shall

consider the application as filed. The Zoning Hearing

Board shall not reform any application and shall not be

required to grant parts of an application. If an applicant

desires to change an application after it is submitted, the

applicant shall withdraw the application by filing a

request to withdraw and shall submit another application in

the form provided by the Township which will be considered

filed on the date the applicant submits it to the Zoning

Officer and pays a new application fee. Notwithstanding

the foregoing, the applicant shall be permitted to make

Pequea Township Zoning Ordinance 400

minor revisions to the application such as providing the

street address or tax map parcel number of the property or

providing additional copies of documents or plans. The

Board, in its discretion, may permit other amendments at

the time of the hearing in the interest of administrative

economy which are not prejudicial to other parties or may

continue the hearing subject to the applicant paying any

fee established by the Township for continuances.

Pequea Township Zoning Ordinance 401

12-21-04

ARTICLE 23

REMEDIES

Section 2300 Violations

It shall be a violation of this Zoning Ordinance to commit or to

permit any other person to commit any of the following acts:

A) To construct, excavate, alter, maintain or use any

structure, building, sign, land or landscaping, or to

change the use, area of use, percentage of use or

displacement of the use of any structure, building, sign,

land or landscaping, without first obtaining a zoning

permit.

B) To commence site grading or other work in preparation for

the construction, alteration, maintenance or change in use

of any structure, building or land without first obtaining

a zoning permit.

C) To use any building, structure, sign or land without first

obtaining a certificate of use and occupancy.

D) To use or maintain any building, structure, sign or land

for a use or in a manner which is not in accordance with

the provisions of this Ordinance.

E) To use any property for a use or in a manner different from

that set forth in any zoning permit or certificate of use

and occupancy (or in the application on which such permit

or certificate is based) which has been granted for such

property without applying for and obtaining a zoning permit

and certificate of use and occupancy for such new or

different use.

F) To place false information on or omit relevant information

from an application for a zoning permit or a certificate of

use and occupancy or an application or appeal to the Zoning

Hearing Board or an application for a conditional use.

G) To violate or fail to comply with any condition imposed

upon the grant of a special exception or variance by the

Zoning Hearing Board or a conditional use approval by the

Supervisors or by a court of competent jurisdiction if such

special exception, variance or conditional use was granted

by the court.

H) To fail to comply with any other provision of this

Ordinance.

Section 2301 Enforcement Notice

If it appears to the Zoning Officer that a violation of this

Ordinance shall exist, the Zoning Officer shall send an

enforcement notice (also known as a "Notice of Violation and

Pequea Township Zoning Ordinance 402

Cease and Desist Order") to the owner of record of the lot on

which the violation has occurred, to any person who has filed a

written request to receive an enforcement notice regarding that

lot, to any other persons requested in writing by the owner of

record, and to any person against whom the Township may bring an

enforcement action. The enforcement notice shall contain the

names of the owner of record and any other persons against whom

the Township may take action, the location of the property in

violation, the specific violation with a description of the

requirements which have not been met, citing in each instance

the applicable provisions of this Ordinance, the date before

which steps for compliance must be commenced and that date

before which the steps must be completed, that the recipient of

the enforcement notice has the right to appeal to the Zoning

Hearing Board within thirty (30) days, and that a failure to

comply with the notice within the time specified, unless

extended by an appeal to the Zoning Hearing Board, constitutes

a violation with sanctions as provided in this Ordinance.

Section 2302 Prosecution of Violation

If the enforcement notice is not complied with promptly, the

Zoning Officer shall notify the Board of Supervisors. The Board

of Supervisors may request the Township Solicitor to institute

in the name of the Township any appropriate action or proceeding

at law or in equity to prevent, restrain, correct or abate such

violation or to require the removal or termination of the

unlawful use of the structure, building, sign, landscaping or

land in violation of the provisions of this Ordinance or the

order or direction made pursuant thereto. The Board of

Supervisors may also direct the Zoning Officer or Township

Solicitor to institute a civil enforcement proceeding before a

district justice.

Section 2303 Penalties

Any person, partnership or corporation who or which has violated

or permitted the violation of the provisions of this Ordinance

shall, upon being found liable thereof in a civil enforcement

proceeding commenced by the Township, pay a judgment of not more

than five hundred ($500.00) dollars 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 district justice. If the

defendant neither pays nor timely appeals the judgement, 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 district justice

determining that there has been a violation further determines

that there was a good faith basis for the person, partnership,

or corporation violating this Ordinance 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 determination of a violation by the

Pequea Township Zoning Ordinance 403

district justice, 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 Ordinance shall be paid over to the Township for the

general use of the Township.

Section 2304 Remedies

In case any building, structure, sign or landscaping is erected,

constructed, reconstructed, altered, repaired, converted, or

maintained; or any building, structure, sign or land is used; or

any hedge, shrub, tree, or other growth is maintained in

violation of this Ordinance or of any of the regulations made

pursuant thereto, or any conditions imposed upon the grant of a

special exception or variance by the Zoning Hearing Board or

upon the grant of a conditional use by the Board of Supervisors;

then in addition to any other remedies provided by law, any

appropriate action or proceeding may be instituted or taken to

prevent or restrain such unlawful erection, construction,

reconstruction, alteration, repair, conversion, maintenance or

use or to prevent any illegal act, conduct, business or use in

and about such premises.

Pequea Township Zoning Ordinance 404

ARTICLE 24

VALIDITY AND SEVERABILITY

If any article, section, subsection, provision, regulation,

limitation, restriction, sentence, clause, phrase or word in this

Ordinance is declared for any reason to be illegal, unconstitutional

or invalid by any court of competent jurisdiction, such decision

shall not affect or impair the validity of this Ordinance as a whole,

or any other article, section, subsection, provision, regulation,

limitation, restriction, sentence, clause, phrase, word or remaining

portion of this Ordinance. The Board of Supervisors of the Township

of Pequea, Lancaster County, Pennsylvania, hereby declares that it

would have adopted this Zoning Ordinance and each article, section,

subsection, provision, regulation, limitation, restriction, sentence,

clause, phrase or word hereof irrespective of the fact that any one

or more of the articles, sections, subsections, provisions,

regulations, limitations, restrictions, sentences, clauses, phrases

or words may be declared illegal, unconstitutional or invalid.

ARTICLE 25

REPEALER

Except as provided in Articles 3 and 19, all ordinances or parts of

ordinances inconsistent with the provisions of this Ordinance are

hereby expressly repealed. It is expressly provided that the

provisions of this Ordinance shall not affect any act done, contract

executed or liability incurred prior to its effective date, or affect

any suit or prosecution pending or to be instituted to enforce any

rights, rule, regulation or ordinance, or part thereof, or to punish

any violation which occurred under any prior zoning regulation or

ordinance. In the event any violation has occurred under any prior

zoning regulation or ordinance of Pequea Township, prosecution may be

initiated against the alleged offender pursuant to the provisions of

said prior zoning regulation or ordinance, and the provisions and

penalties provided in said prior zoning regulation or ordinance shall

remain effective as to said violation.

ARTICLE 26

EFFECTIVE DATE

This Zoning Ordinance shall become effective five (5) days after

its enactment by the Board of Supervisors of the Township of Pequea,

Lancaster County, Pennsylvania.

Pequea Township Zoning Ordinance 405

DULY ENACTED the 16th day of December, 1992, by the Board of

Supervisors of the Township of Pequea, Lancaster County, Pennsylvania,

in lawful session duly assembled.

TOWNSHIP OF PEQUEA

Lancaster County, Pennsylvania

Attest: /s/Patsy L. Davis By: /s/ Randall I. Snyder

(Assistant) Secretary (Vice) Chairman

Board of Supervisors