An application for a zoning permit for a conditional
use in any zoning district where such a use is allowed shall be filed
with the Zoning Officer, and it shall:
A. Identify and describe the property, its location and
the present use being made of the property.
B. Reasonably describe present improvements and any intended
additions and changes to be made if the conditional use is granted.
C. Disclose the conditional use for which the application
is being made and, by plan, map and description, show how the property,
as it may be improved, meets or will meet the standards and criteria
required in the Zoning Ordinance for such conditional use.
E. The Township Commissioners may authorize conditional
uses pursuant to express standards and criteria specified in this
chapter for said uses and may attach such additional conditions and
safeguards as it may deem necessary.
F. The Township Board of Commissioners shall hold a public
hearing, pursuant to public notice, on the conditional use within
45 days of filing of the application after it is reviewed by the Township
Planning Agency.
[Amended 8-7-2002 by Ord. No. 468]
G. The Zoning Officer shall be under a duty of issuance
of a permit or order indicating the action of the Township Commissioners
as a result of the hearing by said Commissioners on the application
and shall notify the applicant.
H. Any affected party of any person having a legal interest
in the property may, within 30 days following such order having been
issued, appeal the same to Westmoreland County Court of Common Pleas,
in accord with the Judicial Code [42 Pa.C.S.A. § 933(c)(1)]
and the Municipal Planning Code (Act 247 of 1968, as amended by Act
170 of 1988).
The interpretation and application of the provisions
of this chapter shall be held to be the minimum requirements for the
promotion of the health, safety, morals and general welfare. This
chapter is not intended to interfere with or abrogate or annul other
rules, regulations or ordinances of the Township of Rostraver, provided
that where this chapter imposes a greater restriction upon the use
of building or premises or upon the height of a building or requires
larger open spaces than are imposed by other such rules, regulations
or ordinances, the provision of this chapter shall prevail.
In case any structure or land is or is proposed
to be erected, constructed, reconstructed, altered, converted, maintained
and/or used in violation of this chapter or any regulations made pursuant
thereto, the Township Commissioners, in addition to specifically authorizing
the Zoning Officer to obtain enforcement and in addition to other
remedies, may institute in the name of the municipality, by itself
or through the Zoning Officer, any appropriate action or proceeding
to prevent, restrain, correct or abate such building structure, land
or use or to prevent in or about such premises any act, conduct, business
or use constituting a violation.
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 Rostraver Township, pay a judgment of not
more than $500, plus all court costs, including reasonable attorneys'
fees incurred by Rostraver Township as a result thereof. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the District Justice. If the defendant
neither pays nor timely appeals the judgment, Rostraver 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 District Justice determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership or appropriation 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 attorneys'
fees collected for the violation of this chapter shall be paid over
to Rostraver Township.