Township of Pine, PA Procedures

No person shall erect, reconstruct or structurally alter a structure or fence in any district unless there has been duly issued to such person a building permit by the Zoning Officer. However, no permit shall be required for the erection or structural alteration of a fence not exceeding six feet in height.

Procedure.

Applications for building permits shall be filed with the Zoning Officer, and a duplicate shall be filed with the Township Manager. The application shall include plans and other information sufficient to establish compliance with this chapter and the Pennsylvania Uniform Construction Code.

No zoning or building permits shall be issued pursuant to this chapter until the stormwater management plan and all other required plans for the property or lot have been submitted and approved in accordance with the applicable provisions of this chapter and Chapter 78, Subdivision and Land Development, of the Pine Code. Further, the Township shall not issue the permit until any required floodplain, dam safety or obstructions, erosion/sedimentation approval/permits, permits from the Department of Environmental Protection (DEP), the Pennsylvania Department of Transportation, or other required permits have been received from the applicable local, county or state agencies. Copies of the approval/permit must be filed with the Township.

Any sewerage plans, sewage systems, and treatment facilities, other than conveyance to an approved authority, or an individual on-lot system approved by the Allegheny Department of Health shall be approved by the appropriate sanitary authority before a building or sewage permit is issued.

All applications for building permits shall be accompanied by a plat in triplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected and such other information as may be necessary. A file of such applications and plats shall be maintained by the Zoning Officer.

§ 84-136 Certificates of occupancy and compliance.

Authority. No building hereafter erected, reconstructed or structurally altered shall be used or changed in use and no owner, tenant or person shall begin to use an existing building until a certificate of occupancy and compliance shall have been issued by the governing body stating that the building or the proposed use of the same complies with the provisions of this chapter and any of its amendments and the Pennsylvania Uniform Construction Code.

Purpose. The certificate of occupancy and compliance provides a procedure for reviewing plans for compliance with this chapter and a means for evidencing such compliance. Further, it serves as an adjunct to, and thus must be filed prior to or with, all applications filed pursuant to this chapter with respect to a specific use or development proposal.

Certificate issued in conflict is void. Any certificate issued in conflict with the provisions of this chapter shall be null and void.

Standards.

Certificates of occupancy and compliance, either for the whole or a part of a building, may be applied for coincident with the application for a building permit or after completion of construction and may be issued after the erection or structural alteration of such building or part shall have been completed in conformity with the provisions of this chapter and the Pennsylvania Uniform Construction Code.

A record of all certificates shall be maintained by the governing body, and copies shall be furnished on request to any person who has a proprietary or possessory interest in the building affected.

Procedures.

All applications for certificate of occupancy and compliance shall be made on printed forms to be furnished by the Zoning Officer and shall contain accurate information as may be required by the Zoning Officer to provide for the enforcement of this chapter.

Application for a certificate of occupancy shall be filed with the Zoning Officer, and a duplicate copy shall be filed with the Township Manager.

Temporary certificate of occupancy and compliance.

The Zoning Officer may issue a temporary certificate of occupancy and compliance which may permit the use or occupancy of a building or structure during structural alteration thereof or may permit the partial use or occupancy of a building or structure during its construction or erection.

Such a temporary certificate of occupancy and compliance shall be valid only for a period not exceeding six months from its issuance, and shall be subject to such restrictions and provisions as may be deemed necessary by the Zoning Officer to adequately insure the safety of persons using or occupying the building, structure or land involved.

Application for such a temporary certificate of occupancy and compliance shall be made in the same manner as for a certificate of occupancy and compliance, and the application for or issuance of such a temporary certificate of occupancy and compliance shall in no way affect the obligation to apply for and obtain a certificate of occupancy and compliance nor in any way alter the rights, duties and obligations of the Township or the owners and users of buildings, structures or land within the Township with regard to the matters governed by this chapter except as expressly set forth in this section.

§ 84-137 Conditional uses.

Authority. In certain portions of this chapter, certain specified conditional uses may be authorized if first approved by the Board of Supervisors. Conditional uses may be allowed or denied by the governing body after recommendation by the Planning Commission and following a public hearing.

Purpose. Conditional uses are those uses having some special impact or uniqueness which requires a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on the applicant's ability to assure compliance with the Township's codes and regulations.

Standards.

Where the Zoning Chapter has stated conditional uses to be granted or denied by the governing body pursuant to express standards and criteria, the governing body shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria. In granting a conditional use, the governing body may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purpose of this act in the Zoning Chapter.

A conditional use shall be approved if and only if it is found to meet the following general criteria and specific criteria for each conditional use listed in this section and requirements found elsewhere in this chapter.

The proposed use shall conform to the district and conditional use provisions and all general regulations of this chapter.

The proposed use shall meet all special standards that may be applied to its class of conditional use as set forth in this chapter.

The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons and shall comply with the all requirements of this chapter.

The proposed use shall be sited, oriented and landscaped so that the relationship of its building and grounds to adjacent buildings and properties does not impair health, safety, or welfare and does not adversely affect values of adjacent property.

The proposed use shall produce a total environmental effect that is consistent with, and not harmful to, the environment of the neighborhood.

(f)

The proposed use shall organize vehicular access and parking to minimize conflicting traffic movement on adjacent streets.

(g)

The proposed use shall promote the objectives of this chapter and shall be consistent with the Comprehensive Plan for the Township of Pine.

(h)

Community uses, when located in or adjacent to a residential district, shall provide proper separation and protection for abutting residential property.

(i)

Public buildings and uses, when located in or adjacent to a residential district, shall provide proper separation and protection for abutting residential properties.

(j)

All conditional uses shall be subject to Article V of this chapter.

Buildings and structures may be conditionally allowed to exceed 45 feet in height in the C-1 and C-2 Districts, as a conditional use, which may be granted by the governing body on the basis of the following standards and criteria.

The governing body may refer the proposed development plan to a competent fire-control authority, who need not be an employee of the Township or a member or official of the Volunteer Fire Department, and request a report within 30 days as to the adequacy of fire protection for the proposed structure.

The governing body, after review of the report from said fire-control authority, shall have determined that adequate fire protection from presently available fire equipment is afforded to the structure.

All required setbacks shall be increased by two feet for every one-foot increase in height above 45 feet.

The proposed structure shall not be located closer than 150 feet to any other structure.

The proposed structure will not adversely affect the light, air, or view of any adjoining property.

(f)

The structure complies with all other Township ordinances.

Procedure.

Application submittal. Applicants shall submit to the Township, for review by the Planning Commission and Board of Supervisors, plans and specifications meeting the requirements set forth in Chapter 78 outlining the requirements for land developments.

Requirement for public hearing. No conditional use shall be approved except pursuant to public notice and hearing held on the application for any such use by the Board of Supervisors. All public hearings shall be held in accordance with the requirements of the Pennsylvania MPC.

Other requirements.

The applicant shall provide photographs of the present site and the surrounding contiguous area to a depth of 200 feet.

Schematic floor plans and elevations (not to be considered to require working drawings or construction drawings) shall be provided. The schematic elevations shall identify the proposed materials on the exterior of the proposed buildings and other structures.

The applicant may furnish testimony concerning features and effects of the proposed use upon the adjacent properties and the surrounding neighborhood.

In order to demonstrate whether a proposed use will conform to the requirements of this chapter, the governing body may require a qualified consultant to testify, whose cost for services shall be borne by the applicant.

Approval.

In granting its approval for a specific conditional use, the Board of Supervisors may impose such reasonable conditions and safeguards, in addition to those otherwise specified in this chapter or incorporated herein by reference, as it may deem necessary to implement the Zoning Chapter.

The Board of Supervisors may require that such conditions and safeguards be incorporated in a plan of lots or other appropriate recordable form and filed in the Office of the Recorder of Deeds of Allegheny County.

Each situation shall be deemed to be separate and individual, and the disposition made by the Board of Supervisors shall apply only to the case in point and shall in no way be construed to establish precedent.

Revocation of approval.

Approval by the Board of Supervisors of a conditional use referred to in this section shall be void in the event a building permit is not applied for within 12 months and construction is not started within 18 months.

An extension of up to six months may be granted by the Zoning Officer in the event the applicant has shown good cause for the delay.

§ 84-138 Landowner curative amendment.

A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map or any portion thereof, which prohibits or restricts the use or development of land in which he has an interest, may submit a curative amendment to the governing body with a written request that his challenge and proposed amendment be heard. The governing body shall commence a hearing thereon within 60 days of the request as provided in § 84-137. The curative amendment and challenge shall be referred to the Allegheny County Planning Department and the Township Planning Commission and Environmental Advisory Council for their recommendations.

The hearing shall be conducted in accordance with this section.

If the governing body determines that the validity challenge has merit, the governing body may accept the landowner's curative amendment, with or without revision, or may adopt an alternative amendment, which will cure the challenged defects. The governing body shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall consider:

The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;

If the proposal is for 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 the ordinance or map;

The suitability of the site for the intensity of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources, and other natural features;

The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, 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; and

(5)

The impact of the proposed use on the preservation of agriculture and other land uses, which are essential to the public health and welfare.

§ 84-139 Municipal curative amendment.

The Township shall declare by formal action that its Zoning Chapter or portions thereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the governing body shall:

By resolution make significant findings setting forth the declared invalidity of the Zoning Chapter, which may include:

References to specific uses, which are either not permitted or not permitted in sufficient quantity;

Reference to a class of use or uses which require revision; or

Reference to the entire chapter which requires revisions.

Within 180 days from the date of the declaration and proposal, the municipality shall enact a curative amendment to validate, or reaffirm the validity of, its Zoning Chapter pursuant to the provisions of the Pennsylvania Municipalities Planning Code.

Upon initiation of the procedures, as set forth in the Pennsylvania Municipalities Planning Code, the governing body shall not be required to entertain or consider any landowner's curative amendment, nor shall the Zoning Hearing Board be required to give a report subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution. Upon completion of the procedures as set forth in the Pennsylvania Municipalities Planning Code, no rights to cure shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the subsequent invalidity of the amended Zoning Chapter for which there has been a curative amendment pursuant to this section.

§ 84-140 Land development review.

Authority. In considering the proposed development for purposes of approving its location, land development and general character, the Board of Supervisors and the Planning Commission shall apply the land development regulations as outlined in Chapter 78 and shall further review the said application from the standpoint and with the object of promoting the community development goals as set forth in this chapter.

Purpose. The purpose of requiring the submission of a land development for review and approval prior to the issuance of any of the permits and prior to the use and occupancy of any land, building or structure for which the submission of an application is required, is to assure the appropriate treatment of sites in accordance with certain minimum standards of development outlined in this chapter.

Standards.

Building permit, grading permit, street opening permit, or other applicable permits shall be obtained for all development as required by Township ordinance, state, or federal law.

Uses permitted subject to land development review in each district shall be subject to land development review as outlined in this section.

Conditional uses shall be required to follow the requirements of this section.

The provisions of these regulations shall be considered as the minimum requirements for an approved land development.

Procedure. The owner or owners of land to be developed in any district shall follow the land development review procedure outlined in Chapter 78 of the Township of Pine Code.

§ 84-141 Variance.

Authority. The Zoning Hearing Board shall have the authority, in accordance with the procedures hereinafter established, to authorize use, area, or other variances within the Township of Pine. The variance procedure is intended to provide a means by which relief may be granted only when no other applicable remedy, pursuant to other provisions of this chapter, is available.

Purpose.

Use variances. Use variance shall mean the authorization by the Zoning Hearing Board for the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning regulations. A use variance is approved subject to specific plans, terms, and conditions. Modification of such plans, terms, and conditions shall require approval by the Zoning Hearing Board. The Zoning Hearing Board shall have the authority to grant use variances to restore structures damaged or destroyed or establish a use of greater intensity as outlined in § 84-146.

Area variances. Area variance shall mean the authorization by the Zoning Hearing Board for the use of land in a manner that is not permitted by regulations of this chapter related to:

A dimension, such as size, height, and setbacks.

Physical requirements of this chapter.

The expansion, structural alteration, or enlargement of a legally existing nonconforming use as outlined in § 84-130.

The waiver of the additional requirements for conditional uses for permitted uses set forth in Article V.

Any design guideline outlined in Article VI.

Standards.

The Board shall hear requests for variances where it is alleged that the provisions of the Zoning Chapter inflict unnecessary hardship upon the applicant. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:

That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the Zoning Chapter in the neighborhood or district in which the property is located.

That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

That such unnecessary hardship has not been created by the appellant.

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.

That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this act and the Zoning Chapter.

Procedure. An application for a variance may be filed by the owner of, or any other person having a contractual interest in, the subject property.

A public hearing shall be set, advertised, and conducted by the Zoning Hearing Board.

Within 45 days following the close of the public hearing, the Zoning Hearing Board shall render its decision, approving or denying the variance.

If the Board finds in favor of the applicant, it may prescribe appropriate conditions and safeguards deemed necessary to implement the purpose and intent of this chapter and the Comprehensive Plan of the Township.

Within five business days following such decision or the expiration of such period, the Zoning Officer shall mail notice of such decision or failure to act to all persons entitled to such notice and file such decision in the office of the Township Clerk.

(5)

Notice of hearings.

Notice shall be given to the public, the applicant, the Zoning Officer, such other persons as the governing body shall designate, from time to time, by ordinance and to any other person who has made a timely request for the same.

Notices shall be sent mail at least five days prior to the date of the hearing by first class mail.

The applicant and any other person requesting any notice not required by ordinance shall pay to the Board the actual cost of such notice.

Notice of said hearing shall also be conspicuously posted on the affected tract of land.

(6)

Hearing procedures.

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 involved may, prior to the decision of the hearing officer, waive the decision or findings by the Board and accept the decision or findings of the hearing officer as final.

Parties to the hearings.

The parties to the hearing shall be the Township, any person affected by the application who has made a 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 the 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.

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.

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.

(f)

The formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded from the hearing.

(g)

Record of the hearing.

The Board or the hearing officer shall keep a stenographic record of the proceedings.

The appearance fee for a stenographer shall be shared equally by the applicant and the Board.

[3]

The cost of the original transcript shall be paid by the Board or hearing officer if such original 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. In either event, the cost of additional copies shall be paid by the persons requesting such additional copies.

[4]

A transcript of the proceedings and copies of graphic or written material in evidence shall be made available to any party at cost.

(h)

The Board or the hearing officer shall not 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 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 representatives unless all parties are given an opportunity to be present.

(i)

Decisions.

The Board or the hearing officer shall render a written decision or make written findings on the application involved within 45 days after the last hearing before the Board or hearing officer.

Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons thereof.

[3]

Conclusions based on any provisions of the Municipalities Planning Code, as amended, or of any Township ordinance, rule or regulation shall contain a reference to such provisions relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.

[4]

If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Board shall make his report recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the decision of the hearing officer.

[5]

Where the Board fails to render the decision within the period required by this subsection or fails to hold the required hearing within 60 days from the date 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 to an extension of time.

(j)

Distribution of decision.

A copy of the final decision or the final findings shall be mailed to the applicant not later than the day following the date of decision.

All other persons who have filed their name and address with the Board not later than the last day of the hearing shall be mailed a brief notice of the decision or findings and a statement of a place at which the full decision or findings may be examined.

[3]

A copy of the final decision shall be forwarded to the governing body, the Chairman of the Planning Commission and the Township Solicitor.

(k)

No persons shall be allowed to file any proceeding with the Board later than 30 days after any application for development, preliminary or final, has been approved by the Zoning Officer or the Board, 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.

(7)

Stay of proceedings.

Upon the filing of any proceeding referred to in this section 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 other Township agency or body and all official action shall be stayed unless the Zoning Officer or any other appropriate Township agency or body certifies to the Board facts indicating that such a stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by restraining order, which may be granted by the Board or by the Court of Common Pleas of Allegheny County.

When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit approval are filed with the Board by persons other than the applicant, the applicant may petition the Court of Common Pleas of Allegheny County to order such persons to post bond as a condition to continuing the proceeding before the Board. The Court shall hold a hearing to determine if the filing of the appeal is frivolous and is for the purpose of delay. At the hearing, evidence may be presented on the merits of the case. The question of whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the Court.

Limitations on variances.

The Board may prescribe a time limit, consistent with the nature of the variance granted and the conditions surrounding the lot, within which the action for which the variance is granted shall be begun and completed.