A.
The Zoning Officer shall administer and enforce this
chapter, including the receiving of applications, the inspection of
premises and the issuing of zoning permits. No zoning permit shall
be issued by said officer except where the provisions of this chapter
have been complied with. The Zoning Officer shall meet the qualifications
established by the Township.
B.
The Zoning Officer shall be appointed by the Board
of Commissioners of Rostraver, Westmoreland County, Pennsylvania,
and shall not hold any elective office in the Township.
A.
No building or structure, including mobile home, shall
be erected, added to or structurally altered until a permit therefor
has been issued by the Zoning Officer. All applications for zoning
permits shall be in accordance with the requirements of this chapter,
and unless upon written order of the Zoning Hearing Board, no such
zoning permit shall be issued for any building where said construction,
addition or alteration for use thereof would be in violation of any
of the provisions of this chapter. Remodeling or improvement of an
existing building that does not alter the basic structure, create
additional lot area coverage or change the use of the parcel or building
is exempt from this specific requirement. A zoning permit shall be
required prior to any of the following:
(1)
The erection, construction or structural alteration
of any building, structure, dwelling or portion thereof.
(2)
The moving of a structure into the districts or from
one place in the district to another.
(3)
The change in use of structure or land.
(4)
The change or extension of a nonconforming use or
structure.
B.
There shall be submitted with all applications for
zoning permits two copies of a layout or plot plan drawn to scale
showing the actual dimensions of the lot to be built upon, the exact
size and location of the building on the lot and accessory buildings
to be erected and other such information as may be deemed necessary
by the Zoning Officer to determine and provide for the enforcement
of this chapter.
C.
No permit shall be required for the following:
(1)
An accessory structure having not more than 200 square
feet of floor area. However, all such structures shall comply with
all yard, area and setback requirements.
(a)
Except storage sheds up to 199 square feet of floor area in the A-1,
R-1, R-2, R-3 and VR Districts shall be required to get a zoning permit
and only need to be a minimum of five feet from the side and rear
property lines.
[Added 3-4-2020 by Ord. No. 720]
(2)
Minor repairs or maintenance.
D.
Zoning permits issued for the purpose of permitting
construction, reconstruction, alterations, repairs, use or the like
shall automatically expire 12 months from the date of issue. Prior
to the continuance of the activity, use or change for which the original
permit was used, a new zoning permit must be obtained. If, however,
the construction, alteration, reconstruction, repairing, use or the
like has been proceeding in a constant and regular manner and, due
to the extent and size of the subject project, it is impossible for
the applicant to complete said process prior to the expiration of
12 months or because of an act of nature, no new permit must be obtained.
However, the applicant must advise the Zoning Officer of said expiration
and advise as to the reason for failure to complete within the specified
time period. In the event that said applicant fails to notify the
Zoning Officer of said failure to complete, then said permit shall
immediately expire and no further activity may take place unless a
new permit is obtained.
E.
If, after the issuance of a zoning permit, no construction
or other process is instituted, said permit shall terminate immediately
12 months from the date of issuance as stated above.
F.
A copy of the permit shall be posted on the premises
for public inspection during the prosecution of the work and until
completion of the same.
G.
The Zoning Officer shall have the right to revoke
or suspend an issued zoning permit for any unauthorized change or
use and/or any incomplete or incorrect information or error in the
processing of the application.
[Added 7-7-2004 by Ord. No. 518]
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).[2]
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
Upon completion of the authorized new construction,
alteration, remodeling, change of use of building or land under the
provisions of a zoning permit, such building shall not be occupied
until an occupancy permit has been issued by the Zoning Officer. Written
request to the Zoning Officer shall be processed within one week of
receipt of the request of the proposed use, provided that the use
is in conformity with the provisions of this chapter and other effective
and applicable ordinances. The Zoning Officer's refusal to issue an
occupancy permit shall include a written statement to the applicant
containing reasons for such denial.
B.
Occupancy permits are required for the following:
(1)
Occupancy of a new building.
(2)
Occupancy and use of a building hereafter moved or
altered so as to require a zoning permit.
(3)
Change in the use of an existing building other than
to a use of the same type.
(4)
Occupancy and use of vacant land.
(5)
Change in the use of land except to another use of
the same type.
(6)
Any change in use of a nonconforming use.
C.
Occupancy permits shall state that the building or
the proposed use of a building or land complies with all provisions
of this chapter and all other ordinances of the Township.
D.
No occupancy permit shall be issued until such time
as the applicant has applied for the same, paid the application fee
and the premises have been inspected by the Zoning Officer or his
delegate and, thereafter, a determination has been made that the premises
are in compliance with this chapter.
E.
No premises, structure or land use activity requiring
a zoning permit shall be used or occupied until such time as an occupancy
permit has been granted. If the applicant desires to make use of the
premises or project prior to its completion, the same is strictly
prohibited until such time as an application has been made for an
occupancy permit and all rules and regulations pertaining thereto
and as contained herein have been determined by the Zoning Officer
to have been met.
F.
If the project has not been completed and a partial
use or occupation of the premises is desired by the applicant, the
applicant must first make application to the Zoning Officer. Once
the Zoning Officer has determined compliance for the limited or partial
use intended, said applicant may use and/or occupy the premises; however,
nothing contained in this provision shall be interpreted or used as
an excuse or viewed as a waiver of any of the other terms contained
hereinabove pertaining to the expiration of any and all certificates
for purposes of completion of the original project.
A.
Temporary permits shall be required as indicated herein
where it is intended that a temporary or seasonal use shall be located
anywhere within the Township for a limited period of time.
B.
Temporary permits for the following uses are limited
to a one-week period renewable for a maximum of four weeks during
any one calendar year or as follows:
(1)
Selling of Christmas trees in commercial districts
or at churches, schools, clubs and lodges: a maximum of four weeks.
(2)
Carnival, circus or street fairs: a maximum of one
week.
(3)
Mobile amusements and lighting equipment for promotion,
advertisement and grand openings: a maximum of two weeks.
C.
Temporary structures used in conjunction with construction
work shall be permitted only during the period that construction work
is in progress. Temporary permits shall be issued for a three-month
period and are renewable only at the discretion of the Zoning Hearing
Board.
D.
Temporary permits for basement or foundation structures
shall be issued for six-month periods, renewable for a maximum of
three years at the discretion of the Zoning Hearing Board.
E.
No temporary permit shall be issued for any temporary
use where said use would violate any of the provisions of this chapter.
F.
Portable storage units shall be subject to the following:
[Added 3-4-2020 by Ord. No. 720]
(1)
Portable
storage units shall not be permitted in the front yard.
(2)
Portable
storage units and containers, including but not limited to "portable
on demand" (PODS®) units, may be kept upon a lot for up to one
year if there is an active building permit for construction or until
the issuance of a certificate of occupancy or completion, whichever
occurs first. Portable storage units not associated with an active
permit for construction on the same lot shall be limited to 30 days
within any six-month period.
(3)
An
applicant with an active building permit for construction may request
an extension for up to one year for the portable storage unit until
the construction is complete or an occupancy permit is issued.
(4)
An
applicant shall obtain a permit for said placement of a portable storage
unit.
(5)
Portable
storage units shall not be used as living quarters.
A.
The Township Commissioners shall determine and adopt
a schedule of fees, charges and expenses, as well as the collection
procedure for permits, variances, special exceptions, conditional
uses, amendments and other matters pertaining to this chapter. Said
schedule of fees shall be posted in the office of the Township Secretary.
B.
The Township Commissioners shall be empowered to reevaluate
the fee schedule from time to time and make adjustments as deemed
appropriate. Any such alterations shall not be considered an amendment
to this chapter and may be adopted by resolution of the Township Commissioners
at any legally advertised public meeting.
C.
Application for permits, approvals and other related
matters pertaining to this chapter shall be accompanied by the designated
fee and such other documentation specified by this chapter or considered
necessary by the appropriate reviewing authorities or agencies.
A.
Creation, appointment and organization. The membership
of the Zoning Hearing Board shall expand from three to five residents
of the municipality appointed by resolution of the Board of Commissioners.
Members of the Board may receive compensation for the performance
of their duties, as may be fixed by the governing body, but in no
case shall the rates of compensation exceed that paid to the governing
body. 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
two additional regular members' terms shall be five years, commencing
on January 1, 2021. The Zoning Hearing 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 Zoning Hearing Board shall hold no other office in the municipality.
[Amended 12-30-2020 by Ord. No. 736]
B.
Alternate members. The governing body may appoint
one resident of the municipality to serve as an alternate member of
the Zoning Hearing Board and may appoint two additional alternates
at its discretion. Their terms shall be three years. 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, nor be compensated,
unless designated by the Chairman of the Board as a voting alternate
member pursuant to Section 906 of the Pennsylvania Municipalities
Planning Code (Act 247, 1968, as amended by Act 170, 1988).[1] Alternate members may hold no other office in the municipality.
[Amended 12-30-2020 by Ord. No. 736]
[1]
Editor's Note: See 53 P.S. § 10906.
C.
Powers and duties. The powers and duties of the Zoning
Hearing Board shall be as set forth in the Municipalities Planning
Code, as it may be amended from time to time.
[Amended 7-2-2003 by Ord. No. 495]
(1)
The Zoning Hearing Board shall hear and decide appeals
from any order, requirements, decision or determination made by the
Zoning Officer in the administration of this chapter.
(2)
The Zoning Hearing Board shall hear and decide all
matters referred to or upon which it is required to pass under this
chapter and other applicable laws of the Commonwealth of Pennsylvania.
(3)
The Zoning Hearing Board shall hear and decide appeals
where it is alleged by the appellant that the Zoning Officer has failed
to follow prescribed procedures or has misinterpreted or misapplied
any provision of a valid ordinance or map or any valid rule or regulation
governing the action of the Zoning Officer.
(4)
The Zoning Hearing Board shall hear challenges to
the validity of a zoning ordinance or map. In all such challenges,
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 the court.
(5)
The Zoning Hearing Board shall hear requests for variances
where it is alleged that the provisions of the Zoning Ordinance inflict
unnecessary hardship upon the applicant. The Board may by rule prescribe
the form of application and may require preliminary application to
the Zoning Officer. The Board may grant a variance, provided that
the following findings are made where relevant in a given case:
(a)
That there are unique physical circumstances
or conditions peculiar to the particular property and that the unnecessary
hardship is due to such conditions.
(b)
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 Ordinance and
that the authorization of a variance is therefore necessary to enable
the reasonable use of the property.
(c)
That such unnecessary hardship has not been
created by the appellant.
(d)
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 by development of adjacent property, nor be detrimental to the
public welfare.
(e)
That the variance will represent the minimum
variance that will afford relief.
(6)
The Zoning Hearing Board may authorize special exceptions
where the governing body in the Zoning Ordinance has made provision
for such procedures pursuant to express standards and criteria. The
Board may attach such additional conditions and safeguards as it may
deem necessary.
D.
Procedure. The procedure of the Zoning Hearing Board
shall be governed by the provisions of applicable laws of the Commonwealth
of Pennsylvania and such rules, not inconsistent therewith, as the
Board may adopt. In general, the procedure for appeal from action
of the Zoning Officer shall be as follows:
(1)
Any appeal from the requirements of the Zoning Ordinance
shall be taken by filing with the officer from whom the appeal is
taken and with the Zoning Hearing Board a notice of appeal, specifying
the grounds thereof. The officer from whom the appeal is taken shall
forthwith transmit to the Board all of the documentary material constituting
the record upon which the action appealed was taken.
(2)
The appellant shall, at the time of filing his appeal,
pay to the Township a fee as determined by the governing body to defray
or help defray the required advertising costs.
(3)
Each case as provided for under this chapter shall
be heard and/or tried on its merits at a public hearing. All hearings
shall be conducted in accordance with the requirements of the Pennsylvania
Municipalities Planning Code, as amended,[2] with respect to such proceedings. Notice of such hearing
shall be given by publishing in a newspaper of general circulation
in the Township in accordance with applicable law. Written notice
shall be given to the applicant, the Zoning Officer and such other
persons as the Township Commissioners shall designate by ordinance.
The Board shall give the notices required by law to all parties in
interest and they may adjourn any hearing for the purpose of giving
such further notice.
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
(4)
In addition, written notice of said hearings shall
be conspicuously posted on the affected tract of land at least one
week prior to the hearing.
(5)
Hearings shall be held within 60 days from the date
of the applicant's request, unless an extension of time has been agreed
to in writing by the applicant.
(6)
The Planning Agency shall furnish all pertinent narrative
material, maps, charts, and other data relative to the problem for
reference by all concerned. The Board may adjourn any hearing for
the purpose of reviewing such data as may be pertinent to the problem
and request interpretation of said data by the Township Planner.
[Amended 8-7-2002 by Ord. No. 468]
(7)
The Board shall decide each case within 45 days after
the last hearing or as otherwise specified by appropriate statute.
A copy of the final decision or finding shall be delivered to the
applicant personally or mailed to him/her not later than the day following
its date. Notice thereof shall be given to all parties in interest.
The Board's decision shall be immediately filed in its office and
be a public record. In the exercise of its functions upon such appeals
or upon exceptions, the Board may, in conformity with law, reverse
or affirm wholly or partly or modify the order, requirement, decision
or determination appealed from or make such order, requirement, decision
or determination as it determines.
(8)
Where the Board fails to render a decision within
the period required or fails to hold the required hearing within 60
days from the date of the applicant's request for 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.
(9)
Any person, officer or agency of the municipality
that is aggrieved by any decision of the Board may appeal therefrom
within 30 days to the Court of Common Pleas as provided by law.
A.
Whenever the public necessity, convenience or general
welfare indicates, the governing body may, by ordinance in accordance
with applicable laws of the Commonwealth of Pennsylvania, amend, supplement
or change the regulations, restrictions, boundaries or classifications
of buildings, structures and land, as the same are established by
this chapter or may hereafter be made a part thereof.
(1)
Before voting on the enactment of an amendment, the
governing body shall hold a public hearing thereon, pursuant to public
notice. In addition, if the proposed amendment involves a Zoning Map
change, notice of said public hearing shall be conspicuously posted
by the municipality at points deemed sufficient by the municipality
along the perimeter of the tract to notify potentially interested
citizens. The affected tract or area shall be posted at least one
week prior to the date of the hearing.
(3)
If, after any public hearing held upon an amendment,
the proposed amendment is changed substantially or is revised to include
land previously not affected by it, the governing body shall hold
another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
(4)
At least 30 days prior to the public hearing on the
amendment by the governing body, the municipality shall submit the
proposed amendment to the Westmoreland County Planning Commission
for recommendations.
(5)
Within 30 days after enactment, a copy of the amendment
to the Zoning Ordinance shall be forwarded to the County Planning
Commission.
B.
Applications of petitions for any change or amendments
to existing zoning district shall be made to the Planning Agency and
shall be accompanied by a fee as determined by the governing body,
payable to the Township of Rostraver, and shall be deposited in the
General Fund. This fee is for the purpose of defraying the costs of
preparing the necessary plats, maps, data, legislation, notices and
all official publications required by the Township and shall not be
refundable even if the application is disapproved by the governing
body.
C.
The Township Commissioners may from time to time,
on their own motion or petition, after public notice and hearing,
amend the regulations and districts herein established, but no amendment
shall become effective unless the same shall have first been submitted
to the Rostraver Township and Westmoreland County Planning Commissions
for review and said Commissions shall have been allowed a period of
at least 30 days for consideration and report.
D.
A landowner who desires to challenge on substantive
grounds the validity of a zoning ordinance or 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
governing body with a written request that his challenge and proposed
amendment be heard and decided.
(1)
The governing body shall commence a hearing thereon within 60 days of the request. The curative amendment and challenge shall be referred to the Rostraver Township and Westmoreland County Planning Commissions for review and comment and notice of the hearing thereon shall be given as provided in § 195-98A of this chapter.
(2)
If the Township Commissioners do not accept a landowner's
curative amendment brought in accordance with this subsection and
a court subsequently rules that the challenge has merit, the court's
decision shall not result in a declaration of invalidity for the entire
zoning ordinance and map, but only for those provisions which specifically
relate to the landowner's curative amendment and challenge.
(3)
The governing body may determine that a validity challenge
has merit and may accept a landowner's curative amendment, with or
without revision, or may adopt an alternative amendment that will
cure the challenged defects. The governing body shall consider the
curative amendments, 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 the ordinance or map;
(c)
The suitability of the site for the intensity
of use proposed by the site's soils, slopes, woodlands, wetlands,
flood plains, 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; and
(e)
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to public health
and welfare.
E.
If the Township Commissioners determine that the Zoning
Ordinance or any portion thereof is substantially invalid, it shall
take the following actions.
(1)
Declare by formal action the 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 governing body shall:
(2)
Within 180 days from the date of the declaration and
proposal, enact a curative amendment to validate or reaffirm the validity
of the Zoning Ordinance.
F.
Zoning amendments shall not be enacted unless notice
of proposed enactment is given. The notices shall include the time
and place of the meeting at which passage will be considered and a
reference to a place within the Township where copies of the proposed
ordinance or amendment may be examined either without charge or for
a charge not greater than the cost thereof. The governing body shall
publish the proposed ordinance or amendment in one newspaper of general
circulation in the municipality not more than 60 days nor less than
seven days prior to passage. Publication of the proposed ordinance
or amendment shall include either the full text thereof or the title
and a brief summary, prepared by the Municipal Solicitor and setting
forth all the provisions in reasonable detail. If the full text is
not included:
(1)
A copy thereof shall be supplied to a newspaper of
general circulation in the Township at the time the public notice
is published.
(2)
An attested copy of the proposed ordinance shall be
filed in the Westmoreland County Law Library.
(3)
In the event that substantial changes are made in
the proposed amendment, before voting upon enactment, the governing
body shall, at least 10 days prior to enactment, readvertise, in one
newspaper of general circulation in the Township, a brief summary
setting forth all the provisions in reasonable detail, together with
a summary of the amendments.
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.
