A.
The Zoning Officer shall be appointed by Robinson Township Commissioners
to administer and enforce this chapter and shall have all the powers
conferred upon zoning officers by the Pennsylvania Municipalities
Planning Code (Act 247 of 1968, as amended). No permits mandated herein
shall be issued by said officer unless the provisions of this chapter
have been met.
B.
The Zoning Officer shall hold no elective office in Robinson Township,
shall meet the minimum qualifications established by Robinson Township
and shall be able to demonstrate to the satisfaction of Robinson Township
a working knowledge of municipal zoning.
The Zoning Officer shall have the following powers and duties:
A.
Administer and enforce the provisions of this chapter in accordance
with its literal terms and shall not have the power to permit any
construction which does not conform to this chapter.
B.
Issue zoning approval permits, occupancy permits and building permits
in accordance with the provisions of this chapter.
C.
Refer applications for conditional uses to the Planning Commission
and refer applications for special exceptions and variances to the
Zoning Hearing Board.
D.
Conduct inspections to determine compliance or noncompliance with
the terms of this chapter.
E.
Revoke any permit issued under a mistake of fact or contrary to the
provisions of this chapter.
F.
Maintain a file of all permits issued pursuant to this chapter with
any accompanying plans and documents attached thereto.
G.
Register all nonconforming uses and maintain a file of all legal
nonconformities under this chapter.
H.
Institute, with the approval of or at the direction of the Board
of Commissioners, appropriate legal action to prevent, restrain, abate
or correct any violation of this chapter.
I.
Any other duties assigned by the Robinson Township Manager.
The Board of Commissioners, by resolution, shall establish,
from time to time, fees and charges for the permits, reviews and appeals
required by this chapter. The schedule of fees, along with the procedures
for payment, shall be posted in the office of the Robinson Township
Secretary and Zoning Officer. No action shall be taken on any application
or appeal until all applicable fees, charges or expenses are paid
in full. Applicants shall not be entitled to any refund of the required
fees in the event an application for a permit or appeal is disapproved.
A.
Persons with a claim for reasonable accommodation under the Fair Housing Amendments Act or the Americans with Disabilities Act shall submit an application for a special exception to the Zoning Hearing Board. The Zoning Hearing Board shall require the information outlined in § 300-100, Application and approval procedures.
B.
The Zoning Hearing Board may hold any meeting(s) and/or hearing(s)
necessary in its discretion to elicit information or argument pertinent
to the request for accommodation.
C.
The Zoning Hearing Board's decision shall be in writing.
D.
The Zoning Hearing Board shall issue its written decision to the
applicant and the Board of Commissioners within 30 days of filing
of the request for accommodation or at the next regularly scheduled
Zoning Hearing Board meeting, whichever is the later of the two.
E.
A request for reasonable accommodation should be directed to the
Zoning Hearing Board. In considering a request for reasonable accommodation,
the Zoning Hearing Board shall, with the advice of the appointed legal
counsel, apply the following criteria:
(1)
Whether the applicant is handicapped or disabled within the meaning
of the Federal Fair Housing Act Amendments or the Americans with Disabilities
Act.
(2)
The degree to which the accommodation sought is related to the handicap
or disability of the applicant.
(3)
A description of hardship, if any, that the applicant will incur
absent provisions of the reasonable accommodation requested.
(4)
The extent to which the requested accommodation is necessary to afford
the applicant an opportunity equal to a nonhandicapped or nondisabled
person to use and enjoy the dwelling in question.
(5)
The extent to which the proposed accommodation may impact other landowners
in the immediate vicinity.
(6)
The extent to which the proposed accommodation may be consistent
with or contrary to the zoning purposes promoted by the 2016 Robinson
Township Comprehensive Plan, and the community development objectives
set forth in the Robinson Township Zoning Ordinance.
(7)
The extent to which the requested accommodation would impose financial
and administrative burdens upon Robinson Township.
(8)
The extent to which the requested accommodation would impose an undue
hardship upon Robinson Township.
(9)
The extent to which the accommodation would require a fundamental
alteration in the nature of Robinson Township's regulatory policies,
objectives and regulations.
(10)
The extent to which the requested accommodation would result
in a subsidy, privilege, or benefit not available to nonhandicapped
or nondisabled persons.
(11)
The permanency of the requested accommodation and the conditions
under which such accommodation will be removed, terminated or discontinued
when they are no longer needed to provide handicapped or disabled
persons equal opportunity to use and enjoy the dwelling in question.
(12)
The extent to which the requested accommodation will increase
the value of the lot during and after its occupancy by applicant.
A.
Zoning approval permit. A permit issued indicating that a proposed
use, building or structure is in accordance with the provisions of
the Zoning Ordinance or with an order of the Zoning Hearing Board
and authorizing an applicant to proceed with said use, building or
structure. A zoning permit is needed to:
B.
Building permit.
(1)
A permit indicating that a proposed construction, alteration or reconstruction
of a structure is in accordance with the construction provisions of
any building code which may be adopted by the municipality and authorizing
an applicant to commence with said construction, alteration or reconstruction.
C.
Occupancy permit. A certificate issued upon completion of the construction
of a structure or changes in use of structure or parcel of land, indicating
that the premises comply with the provisions of the Chapter and may
be used for the purposes set forth in the occupancy certificate.
A.
Application submission. Applications for a zoning approval permit shall be submitted to the Zoning Officer on the forms prescribed by Robinson Township and with the information required by this chapter (see § 300-19). All fees shall be paid at the time of application. No application shall be accepted for formal review until all required items have been submitted. Upon submission, the Zoning Officer shall check the contents of the applications and notify the applicant of any deficiencies within five working days.
B.
Application review/approval by Zoning Officer.
(1)
An application for a zoning approval permit shall contain all of the information listed in § 300-19 of this chapter.
(2)
The Zoning Officer shall approve or disapprove applications for zoning approval permits in accordance with the literal terms of this chapter, and no permit shall be issued for any structure or use in violation of any provision of this chapter except where a variance has been properly granted by the Zoning Hearing Board. [See § 300-27I(2).]
(3)
If the application requires conditional use approval from the Board of Commissioners or special exception approval from the Zoning Hearing Board, said approvals shall be granted prior to issuance of a zoning approval permit by the Zoning Officer. Applications for conditional uses and special exceptions shall comply with the procedural requirements specified in § 300-95 and § 300-100 of this chapter.
C.
Applications for subdivision or land development. If the application involves a subdivision or land development, as defined by Robinson Township Subdivision and Land Development Ordinance (Chapter 250), the plan shall be reviewed by the Planning Commission and approved by the Board of Commissioners in accordance with the procedures specified in the Subdivision and Land Development Ordinance (Chapter 250) prior to issuance of a zoning approval permit by the Zoning Officer.
D.
Applications for planned residential development. If the application involves a planned residential development, as defined herein, the plan shall be reviewed by the Planning Commission and approved by the Board of Commissioners in accordance with the procedures specified in Article VI of this chapter prior to issuance of a zoning approval permit by the Zoning Officer.
E.
Applications for mobile home park. If the application involves a mobile home park, as defined herein, the application shall be reviewed by the Planning Commission and approved by the Board of Commissioners in accordance with the procedures listed in § 300-40D of this chapter prior to issuance of a zoning approval permit by the Zoning Officer.
F.
Other governmental approvals. The Zoning Officer shall not issue
any zoning approval permit until the applicant submits copies of any
approvals and/or permits required from other governmental agencies.
Such approvals or permits may include, but are not limited to, one
or more of the following:
(1)
Confirmation from the sewer and water authority (MATR) of sewer and
water service or a permit from the Allegheny County Health Department
for an on-lot system.
(2)
PennDOT highway access permits.
(3)
County or Township curb cut permits.
(4)
Airport zoning permit or approval.
(5)
Pennsylvania Department of Environmental Protection erosion/sedimentation
and/or obstruction permits.
(6)
Reviews by Allegheny County Soil Conservation District.
(7)
Reviews by Allegheny County Planning Department.
(8)
Pennsylvania Department of Labor and Industry approved building plans.
G.
Expiration of zoning approval permit. A zoning approval permit shall
become null and void and a new permit must be obtained if a building
permit has not been obtained before the expiration of one year from
the issue date of the zoning approval permit or, where no building
permit is required, if an occupancy permit has not been obtained within
six months from the issue date of the zoning approval permit.
When applying for a zoning approval permit for any of the activities listed in § 300-18A above, the applicant shall submit the following items to the Zoning Officer:
A.
A completed zoning approval permit application form.
B.
A plot plan which includes the following:
(1)
Name and address of the applicant and landowner (if other than applicant).
(2)
Address of the property and identification of zoning district in
which it is located.
(3)
Subdivision name and lot number (if applicable).
(4)
County lot and block number.
(5)
Scale of the drawing (not less than one inch equals 50 feet), North
arrow, and a key to all symbols.
(6)
The exact dimensions of the property in metes and bounds and feet
and total lot area in square feet and acres, signed and sealed by
a registered surveyor.
(7)
The location, dimensions and height of all existing and proposed
structures or uses (including fences, walls, screens, lighting fixtures,
signs or other site improvements) and the type and location (distance
in feet) of existing structures or uses on all abutting properties.
(8)
Distances (in feet) between all existing and proposed structures
or uses on the property and from all structures or uses to all property
lines.
(9)
All existing and proposed easements and/or rights-of-way, showing
locations, widths and purposes.
(10)
The location, number, size and method of calculation of any
required off-street parking spaces (if applicable).
(11)
All points of ingress and egress to and from the property (e.g.,
driveways) along with proposed grades and sight distances.
D.
Identification of any floodplain districts, areas of steep slopes, prior mining activity, landslide-prone soils, fill areas, or airport impact zones which would be impacted by the proposed development and proposed methods for complying with the requirements of § 300-59 through § 300-61 of this chapter relative to these environmental conditions. The Zoning Officer may waive all or parts of this requirement for a sign, fence or other accessory structure not constituting a building, as defined by this chapter.
F.
Any other information required by the Zoning Officer in order to
determine compliance with the provisions of this chapter.
A.
Application submission. Application for building permits shall be submitted to the Zoning Officer on forms prescribed by Robinson Township and with the information required by Robinson Township Building Code (Chapter 105, Article I). All fees shall be paid at the time of application. No application shall be accepted for formal review until all of the required items have been submitted. Upon submission, the Zoning Officer shall check the contents of the application and notify the applicant of any deficiencies within five working days. No building permit application will be considered complete unless a survey or plot plan of the property is submitted.
B.
Application review/approval by Zoning Officer. The Zoning Officer
shall review applications for building permits to determine compliance
with the provisions of Robinson Township Building Code. The Zoning
Officer shall either approve or disapprove applications for building
permits within 20 working days of filing of a complete application.
If the application is not approved as filed, the Zoning Officer shall
notify the applicant in writing of the deficiencies within five working
days of his decision.
A.
Application submission.
(1)
Applications for an occupancy permit shall be submitted to the Robinson
Township Zoning Officer at least 20 days prior to the proposed occupancy
or use of the structure or lot.
(2)
The application shall be on the form prescribed by Robinson Township,
signed by the applicant and landowner (if other than the applicant).
(3)
The applicant shall submit evidence of the receipt of final approvals
and/or permits required from Robinson Township or government agencies,
including but not limited to any of the following as applicable:
(a)
Township zoning approval permit.
(b)
Township building permit.
(c)
Pennsylvania Department of Labor and Industry occupancy permit.
(d)
Township or County Fire Marshal approval.
(e)
PennDOT, County or Township approval of any street openings
or driveway accesses which were authorized by permit.
(f)
County Health Department approval of plumbing systems.
(g)
Approval of connections to public sewer and water systems.
(h)
Airport zoning permits.
(i)
Pennsylvania Department of Environmental Protection approval
of any dams, obstructions or erosion/sedimentation controls which
were authorized by permit.
(j)
Any other required permits or approvals not specifically listed
above.
(4)
The applicant shall pay the required fee for the occupancy permit
and any other outstanding fees. (Refer to Figure 4-1 in the Procedural
Diagrams, which is included as an attachment to this chapter, for
a flowchart illustration of the required procedure for an application
for a permitted use.)
B.
Inspection by Zoning Officer.
(1)
Within 10 days following the application for an occupancy permit
or notification of completion of the work, the Zoning Officer and/or
other Township representatives shall inspect the subject structure
or use. If the structure or use complies with all applicable provisions
of this chapter and has been completed in accordance with approved
plans, the occupancy permit shall be issued.
(2)
In the event that the subject structure or use does not comply, the
Zoning Officer shall provide the applicant with a written list of
the deficiencies and require corrective actions. The Zoning Officer
shall reinspect the subject property upon notification that the necessary
work has been completed properly.
A temporary occupancy permit may be issued by the Zoning Officer
for no more than 30 days for a part of a building or structure to
be used on a temporary basis while work continues on the remainder.
All conditions for temporary occupancy shall be stated on the permit.
The Zoning Officer may revoke or suspend an occupancy permit upon determining that a failure of compliance with any part of this chapter or any other applicable law or regulation exists. The revocation shall be in writing, in accordance with the requirements of § 300-26, referring to the applicable ordinances violated and shall be sent by certified mail to the last known address of the permittee or landowner (if not permittee). Upon such revocation, any further use or occupancy of said land, structure or building without an approved permit shall be considered a violation of this chapter and subject to all enforcement remedies of § 300-26 of this chapter.
The granting of a zoning approval permit or occupancy permit
shall not constitute a representation, guarantee or warranty of any
kind by Robinson Township, or by an official or employee thereof,
of the structural integrity of a building or structure, the suitability
or safety of subsurface soil conditions over which a building/structure
is located, or the practicability or safety of any stormwater management
structure or control technique or other environmental protection control,
nor shall it create any liability upon or cause of action against
Robinson Township, any official or employee for any damage that may
result from a structure or use for which a permit has been issued.
Permits issued pursuant to this chapter attest only to the conformance
of a structure or use to the zoning requirements contained herein.
Appeals from any decision made pursuant to this chapter shall
be made to the Zoning Hearing Board or to court in accordance with
the procedures prescribed by the Municipalities Planning Code.
A.
Enforcement notice. The enforcement notice shall contain the following
information:
(1)
The name of the owner of record and any other person against whom
Robinson Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a prescribed period of time in accordance with
procedures set forth in this chapter.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
B.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which 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 Robinson Township, pay a judgment of not more than $500
plus all court costs, including reasonable attorney's fees incurred
by Robinson 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, Robinson Township may
enforce the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge, determining that there has
been a violation, further determines that there was a good faith basis
for the person, partnership or corporation violating this chapter
to have believed that there was no such violation, in which event
there shall be deemed to have been only one such violation until the
fifth day following the date of the determination of a violation by
the Magisterial District Judge, and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney's fees collected for the violation of
this chapter shall be paid over to Robinson Township.
(2)
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
(3)
Nothing contained in this subsection shall be construed or interpreted
to grant to any person or entity other than Robinson Township the
right to commence any action for enforcement pursuant to this subsection.
C.
Other remedies. In case any building, structure, landscaping or land
is, or is proposed to be, erected, constructed, reconstructed, altered,
converted, maintained or used in violation of this chapter, the Board
of Commissioners or, with the approval of the Board of Commissioners,
an officer of Robinson Township, in addition to other remedies, may
institute any appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure, landscaping or land, or
to prevent, in or about such premises, any act, conduct, business
or use constituting a violation.
A.
Membership. The Robinson Township Zoning Hearing Board shall consist
of three residents of Robinson Township appointed by the Board of
Commissioners. Their terms of office shall be three years and shall
be so fixed that the term of office of one member shall expire each
year. The Board shall promptly notify the governing body of any vacancies
that occur. Appointments to fill vacancies shall be only for the unexpired
portion of the term. Members of the Board shall hold no other office
in Robinson Township, including membership on the Planning Commission
and Zoning Officer.
B.
Appointment of alternate members. The Board of Commissioners may appoint by resolution at least one, but no more than three, residents of Robinson Township to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of Subsection C below, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the power and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in Robinson Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member pursuant to Subsection C of this section.
C.
Participation of alternate members. If, by reason of absence or disqualification
of a member, a quorum is not reached, the Chairman of the Board shall
designate as many alternate members of the Board to sit on the Board
as may be needed to provide a quorum. Any alternate member of the
Board shall continue to serve on the Board in all proceedings involving
the matter or case for which the alternate was initially appointed
until the Board has made a final determination of the matter or case.
Designation of an alternate pursuant to this subsection shall be made
on a case-by-case basis in rotation according to declining seniority
among all alternates.
D.
Removal of members. Any Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of the Board of Commissioners taken after the member
has received 15 days' advance notice of the intent to take such
a vote. A hearing shall be held prior to taking such vote, if the
member shall request it in writing.
E.
Organization of Board. The Board shall elect from its own 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 a majority of all the members of the
Board, but the Board may appoint a hearing officer from its own membership
to conduct any hearing on its behalf, and the parties may waive further
action by the Board. The Board may make, alter and rescind rules and
forms for its procedures, consistent with ordinances of Robinson Township
and laws of the commonwealth. The Board shall keep full public records
of its business and shall submit an annual report of its activities
to Robinson Township Commissioners by March 1 of each year.
F.
Hearing. The Board shall conduct hearings and make decisions in accordance
with the current requirements of the Municipalities Planning Code.
(1)
Public notice, as defined herein, shall be given and written notice
shall be sent by regular mail to the applicant, the Board of Commissioners,
the Zoning Officer, the Planning Commission and to any person who
has made timely request for the same. A hearing notice shall be published
at least once, 10 days in advance of the hearing date, in a newspaper
of general circulation in Robinson Township. In addition, a copy of
the notice shall be posted conspicuously on the subject property.
(2)
A public hearing shall be held within 60 days from the date of the
applicant's request, unless the applicant agrees, in writing,
to an extension of time.
(3)
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.
(4)
The parties to the hearing shall be Robinson 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.
(5)
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 papers, including witnesses and documents requested
by the parties.
(6)
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.
(7)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(8)
The Board or the hearing officer, as the case may be, shall keep
a stenographic record of the proceedings and a transcript of the proceedings
and copies of graphic or written material received in evidence shall
be made available to any party at cost.
(9)
The Board or the hearing officer shall not:
(a)
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;
(b)
Take notice of any communication, reports, staff memoranda,
or other materials, except advice from their Solicitor, unless the
parties are afforded an opportunity to contest the material so noticed;
and
(c)
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.
(10)
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. Where the application
is contested or denied, the decision shall be accompanied by findings
of fact and conclusions based thereon together with the reasons therefor.
Conclusions based on any provisions of this chapter or other rule
or regulation shall contain a reference to the provision upon which
the conclusion relies and the reasons why the conclusion is deemed
appropriate in the light of the facts found.
(11)
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 the parties shall be entitled to
make written representations thereon to the Board prior to the final
decision or entry of findings, and the Board's decision shall
be entered no later than 45 days after the report of the hearing officer.
(12)
Where the Board fails to render the decision within the forty-five-day
period or fails to hold the required hearing within 60 days 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
failure of the Board to meet or render a decision, the Board shall
give public notice of the decision within 10 days from the last day
it could have met to render a decision. If the Board shall fail to
provide such notice, the applicant may do so. Nothing in this subsection
shall prejudice the right of any party opposing the application to
appeal the decision to the Court of Common Pleas.
(13)
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 by certified letter not later than the day following its
date. 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 to:
G.
Mediation option.
(1)
Parties to proceedings authorized in this section may utilize mediation
as an aid in completing such proceedings. In proceedings before the
Zoning Hearing Board, in no case shall the Board initiate mediation
or participate as a mediating party. Mediation shall supplement, not
replace, the applicable review procedures once they have been formally
initiated. Nothing in this section shall be interpreted as expanding
or limiting municipal police powers or as modifying any principles
of substantive law.
(2)
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. In offering the mediation
option, Robinson Township shall assure that, in each case, the mediating
parties, assisted by the mediator as appropriate, develop terms and
conditions for:
(a)
Funding mediation.
(b)
Selecting a mediator who, at a minimum, shall have a working
knowledge of municipal zoning and subdivision procedures and demonstrated
skills in mediation.
(c)
Completing mediation, including time limits for such completion.
(d)
Suspending time limits otherwise authorized in this chapter
or in the Pennsylvania Municipalities Planning Code (Act 247, as amended),
provided there is written consent by the mediating parties and by
the applicant or Township decision making body if either is not a
party to the mediation.
(e)
Identifying all parties and affording them the opportunity to
participate.
(f)
Subject to legal restraints, determining whether some or all
of the mediation sessions shall be open or closed to the public.
(g)
Assuring that mediated solutions are in writing and signed by
the parties and become subject to review and approval by the appropriate
decision making body pursuant to the authorized procedures set forth
in this chapter.
(3)
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
H.
Jurisdiction of the Board. The Zoning Hearing Board shall have exclusive
jurisdiction to hear and render final adjudication in the following
matters:
(1)
Substantive challenges to the validity of any land use ordinance,
except curative amendments brought before the Board of Commissioners.
(2)
Challenges to the validity of a land use ordinance raising procedural
questions or alleged defects in the process of enactment or adoption,
which challenges shall be raised by an appeal taken within 30 days
after the effective date of this chapter.
(3)
Appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit, or failure
to act on the application therefor, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot.
(4)
Appeals from a determination by Robinson Township Engineer or the
Zoning Officer with reference to the administration of any floodplain
or flood hazard ordinance or such provisions within a land use ordinance.
(5)
Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance pursuant to Subsection I(2) of this section.
(6)
Applications for special exceptions under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to Subsection I(3) of this section.
(8)
Appeals from the determination of the Zoning Officer or Township
Engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to development not involving
subdivision and land development or planned residential development.
I.
Zoning Hearing Board functions.
(1)
Challenge to the validity of any ordinance or map. The Board shall
hear challenges to the validity of this chapter or map pursuant to
the Pennsylvania Municipalities Planning Code. In all such challenges,
the Board shall take evidence and make a record thereon as provided
herein. At the conclusion of the hearing, the Board shall decide all
contested questions and shall make findings on all relevant issues
of fact which shall become part of the record on appeal to Court.
(2)
Variances.
(a)
The Board shall hear requests for variances where it is alleged
that the provisions of this chapter inflict unnecessary hardship upon
the applicant. Applications for a variance shall be made to the Zoning
Officer on the form prescribed by the Board along with the payment
of any required fees. The Zoning Officer shall forward the application
to the Board Chairman, who shall set a date and place for the hearing.
The Board may grant a variance, provided the following findings are
made where relevant in the given case:
[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 property, and that the unnecessary hardship is due to such
conditions and not the circumstances or conditions generally created
by the provisions of this chapter in the 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 chapter and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
[3]
That such unnecessary hardship has 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.
(b)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this chapter. (Refer to Figure 4-2 in the Procedural Diagrams,
which is included as an attachment to this chapter, for a flowchart
illustrating the variance procedure.)
(3)
Special exceptions. Where this chapter authorizes certain uses as special exceptions subject to the approval of the Zoning Hearing Board, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria contained in Article XI of this chapter. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
J.
Parties appellant before Board. Appeals from the Zoning Officer and
proceedings to challenge the validity of an ordinance may be filed
with the Board in writing by the landowner affected, any officer or
agency of Robinson Township, or any person aggrieved. Requests for
a variance or special exception may be filed with the Board only by
a landowner or a tenant with the permission of such landowner.
K.
Fees and expenditures.
(1)
Members of the Board may receive compensation for the performance
of their duties as may be fixed by the Board of Commissioners, but
in no case shall it exceed the rate of compensation authorized to
be paid to the members of the Board of Commissioners. Within the limits
of funds appropriated by the Board of Commissioners, the Board may
employ or contract for secretaries, clerks, legal counsel, consultants
and other technical and clerical services.
(2)
The Board of Commissioners may prescribe 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)
Stenographer's appearance fee and transcripts. 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.
L.
Time limitations.
(1)
No person shall file any proceeding before the Zoning Hearing Board
later than 30 days after a preliminary or final application for development
has been approved by an appropriate Township officer, agency or body,
if such proceeding is designed to secure reversal or to limit the
approval in any manner, unless such person alleges and proves that
he had no notice, knowledge or reason to believe that such approval
had 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.
(2)
The failure of anyone, other than the landowner, to appeal from an
adverse decision on an application for tentative approval of a planned
residential development or from an adverse decision by a Zoning Officer
on a challenge to the validity of an ordinance or map filed pursuant
to § 916.2 of the Pennsylvania Municipalities Planning Code[2] shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative approval.
[2]
Editor's Note: See 53 P.S. § 10916.2.
(3)
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued.
M.
Stay of proceedings.
(1)
Upon filing of any proceeding and during its pendency before the
Board, all land development pursuant to any challenged ordinance,
order or approval of the Zoning Officer or of any agency or body,
and all official action thereunder shall be stayed unless the Zoning
Officer or any other appropriate agency or body certifies to the Board
facts indicating that such stay would cause imminent peril to life
or property, in which case the development or official action shall
not be stayed otherwise than by a restraining order, which may be
granted by the Board or by the court having jurisdiction of zoning
appeals on petition after notice to the Zoning Officer or other appropriate
agency or body.
(2)
When an application for development, preliminary or final, has been
duly approved and proceedings designed to reverse or limit the approval
are filed with the Board by persons other than the applicant, the
applicant may petition the court having jurisdiction of zoning appeals
to order such persons to post bond as a condition to continuing the
proceedings before the Board. The question whether or not such petition
should be granted and the amount of the bond shall be within the sound
discretion of the court.
(3)
All appeals from decisions rendered by the Zoning Hearing Board shall be taken to the Allegheny County Court of Common Pleas and shall be filed within 30 days after the entry of the decision or, in the case of a deemed decision, within 30 days after the date upon which notice of said deemed decision is given as required by Subsection F(12) of this section.
N.
Pennsylvania Municipalities Planning Code. Any and all requirements
and references to the Zoning Hearing Board contained in the Pennsylvania
Municipalities Planning Code are hereby made a part of this chapter
along with any amendments or revisions.
A.
The Robinson Township Planning Commission shall be appointed by the
Board of Commissioners as prescribed by the Pennsylvania Municipalities
Planning Code and Township ordinances.
B.
The Planning Commission, at the request of the Board of Commissioners,
shall be required to:
(1)
Prepare the Comprehensive Plan for the development of Robinson Township
and present it to the Board of Commissioners, as set forth in the
Municipalities Planning Code.
(2)
Maintain and keep on file records of its action. All records and
files of the Planning Commission shall be in the possession of the
Board of Commissioners.
(3)
Annually make a written report of its activities to the Board of
Commissioners by March 1 of each year and make interim reports as
often as necessary or as requested by the Board of Commissioners.
C.
At the request of the Board of Commissioners, the Planning Commission
may:
(1)
Make recommendations to the Board of Commissioners concerning the
adoption of or amendment of an official map.
(2)
Prepare and present to the Board of Commissioners a zoning ordinance
and make recommendations on proposed amendments, as set forth in the
Municipalities Planning Code.
(3)
Prepare, recommend and administer subdivision and land development
and planned residential development regulations, as set forth in the
Municipalities Planning Code.
(4)
Prepare and present to the Board of Commissioners a building code
and housing code and make recommendations concerning proposed amendments
thereto.
(5)
Do such other acts or make such studies as may be necessary to fulfill
the duties and obligations imposed by the Municipalities Planning
Code.
(6)
Prepare and present an environmental study to the Board of Commissioners.
(7)
Submit a recommended capital improvements program to the Board of
Commissioners.
(8)
Prepare and present to the Board of Commissioners a water survey
which shall be consistent with the State Water Plan and any applicable
water resources plan adopted by a river basin commission. The water
survey shall be conducted in consultation with any public water supplier
in the area to be surveyed.
(9)
Promote public interest in, and understanding of, the Comprehensive
Plan and planning.
(10)
Make recommendations to governmental, civic and private agencies
and individuals as to the effectiveness of the proposals of such agencies
and individuals.
(11)
Hold public hearings and meetings.
(12)
Present testimony before any board.
(13)
Require from other departments and agencies of Robinson Township
such available information as relates to the work of the Planning
Commission.
(14)
In the performance of its functions, enter upon any land to
make examinations and surveys with the consent of the landowner.
(15)
Prepare and present to the Board of Commissioners a study regarding
the feasibility and practicability of using renewable energy sources
in specific areas within Robinson Township.
The Board of Commissioners may, from time to time, amend, add
to or repeal this chapter or map or any part thereof either on its
own motion or by petition.
A.
Initiation. An amendment, supplement, change or repeal of this chapter
or map may be initiated by:
(1)
A request or resolution of the Board of Commissioners.
(2)
An official proposal by the Planning Commission or Zoning Hearing
Board.
(3)
A petition by an interested landowner, accompanied by the required
fee for a zoning amendment request. (Refer to Figure 4-3 in the Procedural
Diagrams, which is included as an attachment to this chapter, for
a flowchart illustrating the procedure for a zoning amendment.)
B.
Procedure before voting on any proposed amendment. The Board of Commissioners
shall:
(1)
Submit the proposed amendment to Robinson Township Planning Commission
for review and comment at least 30 days prior to the hearing on such
proposed amendment if said amendment was prepared other than by Robinson
Township Planning Commission.
(2)
Submit the proposed amendment to the County Planning Commission for
review and comment 30 days prior to the hearing on such proposed amendment.
(3)
In the case where a proposed amendment involves the rezoning of property,
a minimum of five public notices shall be posted on and around the
perimeter of the affected property for a minimum of seven days prior
to the date of the public hearing conducted by the Board of Commissioners.
(4)
Upon reviewing the recommendations of the various planning agencies,
the Board of Commissioners shall hold a public hearing, pursuant to
public notice, on the proposed amendment.
(5)
If, after any public hearing held upon an amendment, the proposed
amendment is revised, or further revised, to include land previously
not affected by it, the Board of Commissioners shall hold another
public hearing, pursuant to public notice, before proceeding to vote
on the amendment.
(6)
Robinson Township may offer a mediation option as an aid in completing proceedings authorized by this section. In exercising such an option, Robinson Township and the mediating parties shall meet the stipulations and follow the procedures set forth in § 300-27G of this chapter.
(7)
Within 30 days after enactment, a certified copy of the amendment
to this chapter shall be forwarded to the Allegheny County Planning
Commission.
A.
Landowner curative amendments.
(1)
A landowner who desires to challenge on substantive grounds the validity
of this chapter, Zoning Map or any provision thereof, which prohibits
or restricts the use or development of land in which he has an interest,
may submit a curative amendment to the Board of Commissioners with
a written request that his challenge and proposed amendment be heard
and decided as provided in § 916.1 of the MPC. The Board
of Commissioners shall commence a hearing thereon within 60 days of
the request as provided in § 916.1 of the MPC. 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
in § 916.1 of the MPC, or as hereby amended in the MPC.
(2)
Referral to planning commissions. The curative amendment and challenge
shall be referred to Robinson Township Planning Commission and County
Planning Commission for review and comment at least 30 days prior
to the public hearing. The Board of Commissioners shall conduct the
hearing in accordance with the requirements for conducting a public
hearing specified in § 908 of the Pennsylvania Municipalities
Planning Code.[1] All references in § 908 to the Zoning Hearing
Board shall apply to the Board of Commissioners.
[1]
Editor's Note: See 53 P.S. § 10908.
(3)
Evaluating merits of curative amendment. If the Board of Commissioners
determines that a validity challenge has merit, the Board of Commissioners
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 Commissioners shall consider the
curative amendment, 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, floodplains,
aquifers, natural resources and other natural features.
(d)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, 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.
(4)
Declaration of invalidity by the court. If Robinson Township does
not accept a landowner's curative amendment brought in accordance
with this section and a court subsequently rules that the challenge
has merit, the court's decision shall not result in a declaration
of invalidity for this entire chapter, but only for those provisions
which specifically relate to the landowner's curative amendment
and challenge.
(5)
See also § 609.1 of the MPC.
B.
Municipal curative amendments.
(1)
If Robinson Township determines that this chapter or any portion
thereof is substantially invalid, then Robinson Township shall declare,
by formal action, its zoning ordinance 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 Commissioners shall:
(2)
Within 180 days from the date of the declaration and proposal, Robinson
Township shall enact a curative amendment to validate, or reaffirm
the validity of, this chapter pursuant to the provisions required
by § 609 of the MPC in order to cure the declared invalidity
of this chapter.
(3)
Upon the initiation of the procedures, the Board of Commissioners shall not be required to entertain or consider any landowner's curative amendment filed under § 609.1 of the MPC, nor shall the Zoning Hearing Board be required to give a report requested under § 909.1 or § 916.1 of the MPC subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection B(1)(a). Upon completion of the procedures as set forth in Subsection B(1) and (2), no rights to a cure pursuant to the provisions of § 609.1 and § 916.1 of the MPC 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)
If Robinson Township utilizes the procedures as set forth in Subsection B(1) and (2), Robinson Township may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of this chapter, pursuant to Subsection B(2); provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon Robinson Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, Robinson Township may utilize the provisions of this section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.
(5)
See also § 609.2 of the MPC.
