A.
The provisions of this chapter shall be administered
and enforced by a Zoning Officer who shall be appointed by the Board
of Commissioners. The Zoning Officer shall hold no elective office
in the Township. The Zoning Officer shall meet the qualifications
established by the Township and shall be able to demonstrate, to the
satisfaction of the Township, a working knowledge of municipal zoning.
B.
The Zoning Officer shall have all the powers and duties
conferred upon him by this chapter and the Pennsylvania Municipalities
Planning Code. The Zoning Officer's duties shall include the following:
(1)
Receive and examine all applications for zoning
certificates and certificates of occupancy;
(2)
Notify applicants of any deficiencies in applications
and request additional information.
(3)
Process applications for zoning certificates
and certificates of occupancy for all permitted uses.
(4)
Receive applications for uses by special exception
and variances and forward these applications to the Zoning Hearing
Board for action prior to considering issuance of zoning certificates
or certificates of occupancy for the proposed use.
(5)
Receive applications for conditional uses and
forward these applications to the Planning Commission and Board of
Commissioners for recommendation and action prior to considering issuance
of zoning certificates or certificates of occupancy for the proposed
use.
(6)
Receive and process all requests for reasonable
accommodation under the Fair Housing Act Amendments and the Americans
with Disabilities Act (ADA).
(7)
Issue permits only where there is compliance
with the provisions of this chapter, with other Township ordinances
and the laws of the commonwealth.
(8)
Issue denials of zoning certificates or certificates
of occupancy and refer any appeal of the denial to the Zoning Hearing
Board for action thereon.
(9)
Conduct inspections and surveys to determine
compliance or noncompliance with this chapter.
(11)
With the approval of the Board of Commissioners,
or when directed by the Board of Commissioners, institute in the name
of the Township any appropriate action or proceeding to prevent unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use; to restrain, correct or abate such violation so
as to prevent the occupancy or use of any building, structure or land;
or to prevent any illegal act, conduct, business or use in or about
such premises.
(12)
Revoke any order or permit issued under a mistake
of fact or contrary to the law or the provisions of this chapter.
(13)
Record and file all applications for zoning
certificates and certificates of occupancy with accompanying plans
and documents, and maintain those files as a public record.
(14)
Maintain the official Zoning District Map for
the Township.
(16)
Submit a monthly written report to the Board
of Commissioners of all zoning certificates, certificates of occupancy,
sign permits, temporary use permits and all notices of violation and
orders issued.
(17)
Meet with the Planning Commission no less frequently
than quarterly to advise the Commission regarding potential developments
and to discuss any problems in administering this chapter and/or recommend
amendments to this chapter.
A.
Violations. Failure to comply with any provisions
of this chapter; failure to secure zoning approval or certificate
of occupancy 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.
B.
Enforcement notice. The enforcement notice shall contain
the following information:
(1)
The name of the owner of record and any other
person against whom the 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 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 the 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.
C.
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 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.
(2)
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.
(3)
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.
(4)
Nothing contained in this subsection 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 subsection.
D.
Causes of action. In case any building or structure
is erected, constructed, reconstructed, structurally altered, repaired,
converted or maintained or any building or structure or land is used
in violation of this chapter, the Board of Commissioners or, with
approval of the Board of Commissioners, the Zoning Officer or other
proper official, in addition to other remedies, may institute in the
name of the Township 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 which constitutes a violation.
A.
Applications for permits. In all cases, any application
for a permit of any of the types described in this chapter shall be
decided not only on the basis of compliance with this Zoning Ordinance,
but also on the basis of compliance with all other applicable Township
ordinances and all other applicable rules and regulations of the various
Township authorities and agencies which might be concerned, as well
as state and federal requirements and permits.
B.
Reasonable accommodation procedure and criteria.
(1)
Persons with a claim for a reasonable accommodation
under the Fair Housing Amendments Act or the Americans with Disabilities
Act shall submit their request in writing to the Zoning Officer on
an application form which shall require that the following information,
and such other information as may be reasonably needed to process
the request, be provided:
(a)
Specific citation of the Zoning Ordinance provision
from which reasonable accommodation is requested;
(b)
The name and address of the applicants;
(c)
The specific description of the reasonable accommodation
sought and the particulars, including exact dimensions of any proposed
structural or locational accommodation;
(d)
The condition of the applicants for which reasonable
accommodation is sought;
(e)
A description of the hardship, if any, that
the applicants will incur absent provision of the reasonable accommodation
requested;
(f)
A description of any alternative methods of
relieving the claimed hardship that have been considered and the reason,
if any, why applicants have rejected such alternatives;
(g)
A statement describing why the requested accommodation
is necessary to afford the applicants an opportunity equal to a nonhandicapped
or nondisabled person to use and enjoy the property in question;
(h)
A description of the manner in which the accommodation,
if granted, will be terminated or removed if no longer required to
afford equal housing opportunity to handicapped or disabled persons;
and
(i)
A statement of any facts indicating whether
or not nonhandicapped or nondisabled persons would be permitted to
utilize the property in question in a manner similar to that sought
by applicants.
(2)
The Zoning Officer may hold any meetings and/or
hearings necessary in his discretion to elicit information or argument
pertinent to the request for accommodation.
(3)
The Zoning Officer's decision shall be in writing
and shall state the reasons for the decision.
(4)
The Zoning Officer shall issue his written decision
to the applicants and the Township within 30 days of filing of the
request for accommodation.
(5)
A request for reasonable accommodation should
be directed in the first instance to the Zoning Officer. In considering
a request for reasonable accommodation, the Zoning Officer shall,
with the advice and counsel of the Township Solicitor, apply the following
criteria:
(a)
Whether the applicants are handicapped or disabled
within the meaning of the Federal Fair Housing Act Amendments or the
Americans with Disabilities Act;
(b)
The degree to which the accommodation sought
is related to the handicap or disability of the applicants;
(c)
A description of the hardship, if any, that
the applicants will incur absent provision of the reasonable accommodation
requested;
(d)
The extent to which the requested accommodation
is necessary to afford the applicants an opportunity equal to a nonhandicapped
or nondisabled person to use and enjoy the dwelling in question;
(e)
The extent to which the proposed accommodation
may impact other property owners in the immediate vicinity;
(f)
The extent to which the requested accommodation
may be consistent with or contrary to the zoning purposes promoted
by the Zoning Ordinance, the Comprehensive Plan and the community
development objectives set forth in the Zoning Ordinance;
(g)
The extent to which the requested accommodation
would impose financial and administrative burdens upon the Township;
(h)
The extent to which the requested accommodation
would impose an undue hardship upon the Township;
(i)
The extent to which the requested accommodation
would require a fundamental alteration in the nature of the Township's
regulatory policies, objectives and regulations;
(j)
The extent to which the requested accommodation
would result in a subsidy, privilege or benefit not available to nonhandicapped
or nondisabled persons;
(k)
The permanency of the requested accommodation
and the conditions under which such accommodation will be removed,
terminated or discontinued when no longer needed to provide handicapped
or disabled persons with equal opportunity to use and enjoy the property
in question; and
(l)
The extent to which the requested accommodation
will increase the value of the property during and after its occupancy
by applicants.
A.
When required.
(1)
No land use may be established or changed; no
structure or building may be erected, constructed, reconstructed,
structurally altered, razed or removed; and no building or structure
may be used or occupied or the use changed until a Zoning Certificate
has been obtained from the Zoning Officer.
(2)
In the instances where a Building Permit is
required, a Zoning Certificate shall be prerequisite to the Building
Permit. In those instances where no Building Permit is required, an
application for a Certificate of Occupancy for a new or changed use
of land or structure shall include an application for a Zoning Certificate.
(3)
In the case of a conditional use or use by special
exception, the Zoning Officer shall refer the application to the Planning
Commission and Board of Commissioners or to the Zoning Hearing Board,
whichever is applicable, for a decision granting zoning approval,
prior to issuing a Zoning Certificate. Whenever the approval of a
conditional use or use by special exception includes conditions attached
to the approval, said conditions shall be incorporated into the Zoning
Certificate.
(4)
In the case of a permitted use, the Zoning Officer
shall not issue the Zoning Certificate unless and until all applicable
regulations of this chapter have been met and, in the case of a use
for which land development plan approval is required by the Township
Subdivision and Land Development Ordinance, unless and until Final
Approval of the Land Development Plan has been granted by the Board
of Commissioners. Whenever final approval of a land development plan
is subject to conditions, those conditions shall be incorporated into
the Zoning Certificate.
B.
Application for zoning certificate.
(1)
All applications for Zoning Certificates shall
be made in writing by the owner or his authorized agency on a form
furnished by the Township and shall include a statement of the intended
use of the building or lot and a property survey both prepared in
duplicate and drawn to scale; and copies of all required county, state
and/or federal permits as approved by the appropriate agency and shall
include the following information at a minimum:
(a)
All applications for a Zoning Certificate shall
be accompanied by two copies of a property survey, drawn to scale,
showing: key location map; graphic scale; North arrow; closest intersecting
public street; exact dimensions and total acreage of the lot(s) or
parcel; zoning of lot(s) and zoning of all abutting properties; exact
location and exterior dimensions of the existing and proposed building(s)
or other structure(s); exact location and area of all existing and
proposed water courses; drainage ways, rights-of-way and easements;
exact location of existing and proposed driveways, streets within,
adjacent and opposite to the lot(s) or parcel; exact location of existing
and proposed off-street parking, loading and pedestrian movement facilities;
exact dimensions of front, side and rear yards for all principal and
accessory uses; and any other additional data as may be deemed necessary
and be requested by the Zoning Officer to determine compliance with
this chapter.
(b)
The Zoning Officer may require an applicant
to furnish a survey of the property by a Pennsylvania Registered Land
Surveyor when complete and accurate information is not readily available
from existing records.
(c)
The Zoning Officer may require additional data
to determine compliance with this chapter.
(2)
It shall be the duty of the Zoning Officer to
review the application to determine if all necessary information has
been submitted and request more information of the applicant or officially
receive the application for review by the appropriate Township agencies.
(3)
Unless such requirement is waived by the Board
of Commissioners, all applications for a Zoning Certificate shall
be accompanied by a fee, to be based upon the fee schedule of the
Township, as provided for in Section 2109 of this chapter.
C.
Zoning certificate. Upon approval of the application
for a Zoning Certificate, one copy of the approved Certificate shall
be returned to the applicant. One copy of such Certificate shall be
kept on file in the Township Office.
D.
Denial of zoning certificate. In the event of a denial,
the Zoning Officer shall state in writing the reason(s) for such denial
including the citation of the specific section(s) of this or other
pertinent ordinances that have not been met.
E.
Inspection. The Zoning Officer, or his duly appointed
representative, may make inspections on the property for which an
application for a Zoning Certificate has been submitted or issued.
F.
Failure to obtain zoning certificate. Failure to obtain
a Zoning Certificate shall be a violation of this chapter and shall
be subject to the enforcement remedies of this chapter.
When a zoning certificate is prerequisite to
obtaining a building permit, once the construction is underway, a
foundation survey shall be required to verify compliance with the
approved Zoning Certificate. Foundation survey required.
A.
Within 72 hours of forming the footer for the foundation
of a proposed structure, the person to whom the zoning certificate
has been issued shall notify the Zoning Officer and shall provide
a surveyor's certification of the location of the foundation. Within
three business days, the Zoning Officer shall notify the holder of
the zoning certificate whether the foundation survey is in compliance
with this chapter. Failure of the Zoning Officer to act within the
time specified shall result in deemed approval of the footer location.
If the permittee proceeds with construction during the three-day review
period, work shall be at the permittee's own risk.
B.
Failure to submit the required foundation survey shall
be grounds for the Zoning Officer to issue a cease and desist order.
C.
If the Zoning Officer finds that the foundation survey is not in compliance with the provisions of this chapter and the approved zoning certificate, the Zoning Officer shall require the removal of the foundation, or the portion thereof that is not in compliance, by issuing a notice of violation in accordance with the procedures specified in § 240-141B.
A certificate of occupancy indicating compliance
with the provisions of this chapter shall be required prior to: occupancy
of any structure following completion of construction, reconstruction
or enlargement of the structure governed by an approved building permit;
a change in the use of an existing building, structure, water body
or land area except for the same use operated by a different owner;
a change of a nonconforming use, building or structure authorized
by the Zoning Hearing Board.
A.
Application for permit. All requests for a certificate
of occupancy shall be made, in writing, on a form furnished by the
Township, completed by the owner or other authorized agent, and shall
include a statement of the type of proposed use intended for the building,
land or water body.
(1)
A certificate of occupancy for a change of use
in an existing building shall be applied for and shall be issued before
the new use is established.
(2)
It shall be the duty of the Zoning Officer to
review the application to determine if all necessary information has
been submitted, to request more information of the applicant or officially
receive the application.
B.
Issuance of certificate of occupancy.
(1)
Applications for a certificate of occupancy
shall be reviewed by the Zoning Officer. The Zoning Officer shall
issue the findings or approval of the application.
(2)
Upon approval of the request for a certificate
of occupancy, one copy of the certificate shall be given to the applicant
and one copy of the certificate shall be kept on file in the Township
Office.
C.
Denial of certificate of occupancy. In the event of
denial, the Zoning Officer shall forward to the applicant a written
statement containing the reason(s) for such denial and shall cite
the specific requirements of this chapter that have not been met.
D.
Time limitations. A certificate of occupancy shall
remain valid for as long as the structure or building is used in the
manner the certificate has been issued for.
E.
Temporary certificate of occupancy. A temporary certificate
of occupancy may be issued by the Zoning Officer for a period not
exceeding six months to permit partial occupancy of a building while
work is being completed, provided such temporary certificate of occupancy
may require such conditions and safeguards as may be warranted, including
posting of surety, to protect the health and safety of the occupants
and the public and guarantee compliance with the provisions of this
chapter or any conditions attached to the zoning certificate.
F.
Failure to obtain a certificate of occupancy. Failure
to obtain a certificate of occupancy shall be a violation of this
chapter and shall be subject to enforcement remedies as provided in
this chapter.
A temporary use permit shall be required prior
to the initiation of a permitted temporary use of a structure, land
or water body and shall meet the following requirements.
A.
Approvals required.
(1)
Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining approval of a use by special exception from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of § 240-95A(42) as a condition precedent to obtaining the temporary use permit under this section.
(2)
Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail business with the permission of the landowner for a period of not more than 72 consecutive hours shall be exempt from obtaining a temporary use permit. Any such activity which exceeds 72 consecutive hours in duration shall be subject to approval by the Zoning Officer of a temporary use permit under this section, provided the Zoning Officer determines compliance with all applicable standards of § 240-95A(42).
(3)
Temporary construction trailers, model homes or sales offices shall be subject to conditional use approval by the Board of Commissioners in accordance with the criteria of § 240-95A(49) as a condition precedent to obtaining a temporary use permit by the Zoning Officer under this section.
(4)
All other temporary uses shall be subject to approval by the Zoning Hearing Board of a use by special exception in accordance with the criteria of § 240-95A(42) as a condition precedent to obtaining a temporary use permit from the Zoning Officer under this section.
B.
Application for permit. All requests for temporary
use permits shall be made in writing on a form furnished by the Township
and shall include a full description of the type of use for which
such permit is being sought and the dates during which this use shall
be in existence.
(1)
It shall be the duty of the Zoning Officer to
review the application for compliance, request more information of
the applicant or officially receive the application.
(2)
Unless such requirement is waived by the Board of Commissioners, all applications for a temporary use permit shall be accompanied by a fee, to be based upon the Fee Schedule adopted by the Township, as provided for in § 240-149 of this chapter.
(3)
Any temporary use permit that requires approval of a use by special exception by the Zoning Hearing Board in accordance with the express standards and criteria of § 240-95A(42) shall not be issued until the favorable decision of the Zoning Hearing Board is received.
(4)
Any temporary use permit that requires approval of a conditional use by the Board of Commissioners in accordance with the express standards and criteria of § 240-95A(49) shall not be issued until the favorable decision of the Board of Commissioners is received.
C.
Issuance of permit.
(1)
Applications for a temporary use permit shall
be reviewed by the Zoning Officer. The Zoning Officer shall issue
approval or denial of the temporary use permit.
(2)
Upon approval of the request for a temporary
use permit, one copy of the permit shall be given to the applicant.
The copy of the permit must be publicly displayed at the site of the
temporary use during the existence of the use. One copy of the permit
shall be kept on file in the Township Office.
D.
Denial of permit. In the event of denial, the Zoning
Officer shall forward to the applicant a written statement containing
the reason(s) for such denial and shall cite the specific requirements
of this chapter that have not been met.
E.
Time limitations. Temporary use permits are valid
for the time period(s) specified in this chapter or in the decision
granting approval of the conditional use or use by special exception.
F.
Inspections.
(1)
The Zoning Officer, or his fully appointed representative,
may make an inspection of the property on which such temporary use
is to be located to determine the suitability of the site for the
use. This inspection shall be made prior to issuing a permit, prior
to initiation of the use or, in the event a renewal of the permit
is requested, during the time the use is in existence.
(2)
In the event of such inspection, a record shall
be made indicating the time and date of inspection, the findings of
the Zoning Officer in regard to conformance with this chapter and
other Township Ordinances, and the opinion of the Zoning Officer in
regard to the suitability of the site for this use.
G.
Failure to obtain a temporary use permit. Failure
to obtain a temporary use permit shall be a violation of this chapter
and shall be subject to enforcement remedies as provided in this chapter.
A sign permit shall be required prior to the erection or structural alteration of any sign, either permanent or temporary, except for those signs exempted by § 240-116B and J. It shall be unlawful for any person to commence work for the erection or alteration of any sign until a permit has been issued.
A.
Application for permit. All requests for sign permits
shall be made in writing on a form furnished by the Township and shall
include a full description of the proposed sign, a description of
the lot upon which such proposed sign is to be located and a description
of any other existing signs on the same lot.
(1)
All applications for a sign permit shall be
accompanied by two copies of a drawing showing: width of sign; height
of sign; gross surface area of sign; total height of sign above adjacent
ground level; clearance between bottommost part of sign and ground
level; distance between front edge of sign and adjacent street right-of-way;
and distance between front edge of sign and inside edge of adjacent
sidewalk, if applicable.
(2)
It shall be the duty of the Zoning Officer to
review the application for completeness and compliance, request more
information of the applicant or officially receive the application
for the sign.
B.
Issuance of permit.
(1)
Applications for a sign permit shall be reviewed
by the Zoning Officer. The Zoning Officer shall issue the findings
or approval of the application.
(2)
Upon approval of the sign permit, one copy of
the permit shall be given to the applicant and one copy of the permit
shall be kept on file in the Township Office.
C.
Denial of permit. In the event of denial, the Zoning
Officer shall forward to the applicant a written statement containing
the reason(s) for such denial and shall cite the specific requirements
of this chapter that have not been met.
D.
Inspections. For a sign permit, the Zoning Officer
or his duly appointed representative may make the following inspections
on property which the permanent sign is to be located: prior to installation
of the sign, following installation of the sign, occasionally to determine
continued maintenance and compliance with this chapter, in response
to any written complaint, whenever the sign is proposed to be replaced
or modified and upon cessation of the use for which the sign was erected.
E.
Failure to obtain a sign permit. Failure to obtain
a sign permit shall be a violation of this chapter and shall be subject
to enforcement remedies as provided in this chapter.
The Board of Commissioners may introduce and/or
consider amendments to this chapter and to the Zoning District Map,
as proposed by the Board of Commissioners or by the Planning Commission
or by a petition of landowners of property within the Township.
A.
Petitions. Petitions for amendments by landowners shall be filed with the Planning Commission at least 28 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 of the Township as provided for in § 240-149 of this chapter. The Planning Commission shall review the proposed amendment and report its findings and recommendations in writing to the Board of Commissioners.
B.
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 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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Publication, advertisement and availability.
(1)
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.
(2)
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:
H.
Action. Within 90 days of the date when the public
hearing on the proposed amendment is officially closed, the Board
of Commissioners shall vote on the proposed amendment. In the event
substantial amendments are made in the proposed amendment, the Board
of Commissioners shall readvertise in one newspaper of general circulation
in the Township a brief summary of the amendments at least 10 days
prior to enactment.
I.
Filing amendment with County Planning Commission.
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 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 Manager.
A curative amendment may be filed by a landowner
who desires to challenge, on substantive grounds, the validity of
this chapter or the Zoning District Map or any provision thereof which
prohibits or restricts the use or development of land in which he
has an interest.
A.
Procedure. The landowner 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 Sections
609.1 and 1004 of the Pennsylvania Municipalities Planning Code, Act
247, as amended. As with other proposed amendments, the curative amendment
shall be referred to the Township Planning Commission and the Allegheny
County Department of Economic Development at least 30 days before
the hearing is conducted by the Board of Commissioners. Public notice
shall be given in accordance with Sections 610, 1004 and other applicable
provisions of the Pennsylvania Municipalities Planning Code. The hearings
shall be conducted in accordance with the provisions of Subsections
four through eight of Section 908 of the Pennsylvania Municipalities
Planning Code and all references in that section to the Zoning Hearing
Board shall be references to the Board of Commissioners.
B.
Evaluation of 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 alleged defects. The Board of Commissioners shall consider
the curative amendments, plans and explanatory material submitted
by the landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer
facilities, water supplies, schools and other public service facilities;
(2)
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 Zoning District Map;
(3)
The suitability of the site for the intensity
of the use proposed by the site's soils, slopes, woodlands, wetlands,
floodplains, aquifers, natural resources and other natural features;
(4)
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
(5)
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to public health
and welfare.
C.
Declaration of invalidity by court. If the Township
does not accept a landowner's curative amendment brought in accordance
with this section and a court subsequently rules 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 challenge.
