[Ord. 1944, 11/23/2009]
The Township shall enforce this Chapter in accordance with applicable
procedures set forth in the Pennsylvania Municipalities Planning Code. The Township may pursue any and all enforcement remedies
and/or causes of action for violation of this Chapter to the full
extent authorized under the Pennsylvania Municipalities Planning Code
or other applicable law.
503.1.
Violations. Failure to comply with any provisions of this Chapter;
failure to secure a zoning certificate prior to the erection, construction,
extension, structural alteration, addition or occupancy of a building
or structure; or failure to secure a certificate of occupancy for
the use or change of use or occupancy of structures or land, shall
be a violation of this Chapter.
503.2.
Enforcement Notice. The enforcement notice shall contain the
following information:
A. The name of the owner of record and any other person against whom
the Township intends to take action.
B. The location of the property in violation.
C. The specific violation with a description of the requirements that
have not been met, citing in each instance the applicable provisions
of this Chapter.
D. The date before which steps for compliance must be commenced and
the date before which the steps must be completed.
E. That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within 30 days in accordance with the procedures set
forth in this Chapter, except that this period may be reduced to 10
days in cases where the violation poses an immediate threat to the
public health, safety and welfare.
F. 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.
503.3.
Enforcement Remedies.
A. 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 the Township, pay a judgment of not more than $500, plus
all court costs, including reasonable attorney 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 judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure.
B. Each day that a violation continues shall constitute a separate violation,
unless the 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 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 District Justice
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorney
fees collected for the violation of this Chapter shall be paid over
to the Township.
C. 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.
D. Nothing contained in this Section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this Section.
503.4.
Causes of Action. In case any building, structure, landscaping
or land is or is proposed to be erected, constructed, reconstructed,
structurally altered, repaired, converted or maintained or any building
or structure or land is used in violation of this Chapter or of any
other ordinance or regulation made under authority conferred hereby,
the Board of Commissioners or, with approval of the Board of Commissioners,
the Zoning Officer or other proper official, or any aggrieved owner
or tenant of real property who shows that his property or person will
be substantially affected by the alleged violation, in addition to
other remedies, may institute any appropriate action or proceeding
to prevent, restrain, correct or abate such unlawful erection, construction,
reconstruction, structural alteration, repair, conversion, maintenance
or use; to prevent the occupancy of any building, structure or land;
or to prevent any illegal act, conduct, business or use that constitutes
a violation. When any such action is instituted by a landowner or
tenant, notice of that action shall be served upon the Township at
least 30 days prior to the time when the action is begun by serving
a copy of the complaint on the Board of Commissioners. No such action
may be maintained until such notice has been given.
[Ord. 1944, 11/23/2009]
The Board of Commissioners may introduce and/or consider amendments
to this Chapter and to the Zoning District Map. In addition, the Board
of Commissioners may consider amendments to this Chapter and to the
Zoning District Map that are proposed by the Planning Commission or
by a petition of landowners of property within the Township.
507.1.
Petitions. Petitions for amendments by landowners shall be filed
with the Planning Commission at least 20 calendar days prior to the
meeting at which the petition is to be heard. In the case of a petition
for reclassification of property, the petitioners, upon such filing,
shall submit a legal description of the property proposed to be rezoned.
All petitions shall include a statement justifying the request and
documenting consistency with the Township's Comprehensive Plan
and a filing fee, in accordance with the fee schedule fixed by resolution
of the Board of Commissioners. The Planning Commission shall review
the proposed amendment and report its findings and recommendations
in writing to the Board of Commissioners.
507.2.
Referral. Any proposed amendment presented to the Board of Commissioners
without written findings and recommendations from the Township Planning
Commission and the Allegheny County Department of Economic Development
(ACED) shall be referred to these agencies for review at least 30
days prior to the public hearing of the Board of Commissioners. The
Board of Commissioners shall not hold a public hearing upon such amendments
until the required reviews are received or the expiration of 30 days
from the date of referral, whichever comes first.
507.3.
Posting of Property. If the proposed amendment involves a change
to the Zoning District Map, notice of the public hearing shall be
conspicuously posted by the Township at points deemed sufficient by
the Township along the tract to notify potentially interested citizens
at least seven days prior to the date of the public hearing.
507.4.
Mailing of Notices. In addition to posting the property, if
the proposed amendment involves a change to the Zoning District Map,
notice of the public hearing shall be mailed by the Township at least
30 days prior to the date of the hearing, by first class mail, to
the addresses to which real estate tax bills are sent for all real
property located within the area being rezoned, as evidenced by tax
records within the possession of the Township. The notice shall include
the location, date and time of the public hearing. A good faith effort
and substantial compliance shall satisfy the requirements of this
Subsection. This Subsection shall not apply when the rezoning constitutes
a comprehensive rezoning.
507.5.
Public Notice and Public Hearing. Before acting on a proposed
amendment, the Board of Commissioners shall hold a public hearing
thereon. Public notice, as defined by this Chapter, shall be given
containing a brief summary of the proposed amendment and reference
to the place where copies of the same may be examined.
507.6.
Readvertisement. If after any public hearing is held upon a
proposed amendment, the amendment is substantially changed or revised
to include land not previously affected by the amendment, the Board
of Commissioners shall hold another public hearing, pursuant to public
notice, before proceeding to vote on the amendment.
507.7.
Publication, Advertisement and Availability.
A. Proposed amendments shall not be enacted unless the Board of Commissioners
gives notice of the proposed enactment, including the time and place
of the meeting at which passage will be considered and a reference
to the place in the Township where copies of the proposed amendment
may be examined without charge or obtained for a charge not greater
than the cost thereof.
B. The Board of Commissioners shall publish the proposed amendment once
in a newspaper of general circulation in the Township not more than
60 nor less than seven days prior to passage. Publication of the proposed
amendment shall include either the full text thereof or the title
and a brief summary prepared by the Township Solicitor setting forth
all the provisions in reasonable detail. If the full text is not included:
(1)
A copy thereof shall be provided to the newspaper at the time
public notice is published; and
(2)
An attested copy of the proposed ordinance shall be filed in
the County Law Library.
507.8.
Action. In the case of proposed adoption of a completely revised
Zoning Ordinance, within 90 days of the date when the public hearing
on the proposed ordinance is officially closed, the Board of Commissioners
shall vote on the proposed ordinance. In the event substantial amendments
are made in the proposed ordinance or amendment, the Board of Commissioners
shall readvertise in one newspaper of general circulation in the Township
a brief summary of the ordinance or amendments at least 10 days prior
to enactment.
507.9.
Filing Amendment with County Planning Agency. Within 30 days
after enactment, a copy of the amendment to this Chapter shall be
forwarded to the Allegheny County Department of Economic Development,
the County's designated planning agency.
507.10.
Mediation Option. The Board of Commissioners may offer the mediation
option as an aid in completing proceedings authorized by this Section.
The Township and the mediating parties shall meet the stipulations
and follow the procedures set forth in Article IX of the Pennsylvania
Municipalities Planning Code.
[Ord. 1944, 11/23/2009]
If the Township of Harrison determines that its Zoning Ordinance
or any portion thereof is substantially invalid, it shall take the
following actions:
1. The Township may 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 Township Commissioners
shall:
A. By resolution make specific findings setting forth the declared invalidity
of the Zoning Ordinance which may include:
(1)
References to specific uses which are either not permitted or
not permitted in sufficient quantity;
(2)
Reference to a class of use or uses which require revision;
or
(3)
Reference to the entire ordinance which requires revisions.
B. Begin to prepare and consider a curative amendment to the Zoning
Ordinance to correct the declared invalidity.
2. Within 180 days from the date of the declaration and proposal, the
Township shall enact a curative amendment to validate, or reaffirm
the validity of, its Zoning Ordinance pursuant to the provisions required
by Section 609 of the MPC in order to cure the declared invalidity
of the Zoning Ordinance.
3. Upon the initiation of the procedures, as set forth in Subsection
1, the Board of Commissioners shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the MPC nor shall the Zoning Hearing Board be required to give a report requested under Section 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
1A. Upon completion of the procedures as set forth in Subsections
1 and
2, no rights to a cure pursuant to the provisions of Sections 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 zoning ordinance for which there has been a curative amendment pursuant to this Section.
4. If the Township utilizes the procedures as set forth in Subsections
1 and
2, it 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 its Zoning Ordinance, pursuant to Subsection
2; provided, however, if after the date of declaration and proposal there is substantially new duty or obligation imposed upon the Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Township may utilize the provisions of this Section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.
[Ord. 1944, 11/23/2009]
The Board of Commissioners shall establish and revise, from
time to time, a schedule of fees by resolution, as well as a collection
procedure, for all applications submitted under the provisions of
this Chapter. The schedule of fees shall be available to the public
from the Zoning Officer or Township Secretary.