A.
The Zoning Officer shall administer and enforce this
chapter, including the receiving of applications, the inspection of
premises and the issuing of zoning-building permits. No permit shall
be issued by said officer except where the provisions of this article
have been complied with. The Zoning Officer shall meet the qualifications
established by the Township. The duties of the Zoning Officer shall
include, but not be limited to the following:
B.
The Zoning Officer shall be appointed by the Board
of Supervisors of Independence Township, Beaver County, Pennsylvania
and shall not hold any elective office in the Township.
A.
No building or structure, including mobile homes,
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 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.
B.
A zoning-building 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 a district 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.
C.
There shall be submitted with all applications for
zoning-building 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.
E.
Zoning-building permits issued for construction, reconstruction,
alterations, repairs, or use, 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 issued, a new permit
must be obtained. If, however, 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
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.
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 same.
An application for a 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 this chapter for such conditional use.
D.
Upon receipt of such application for conditional use,
the Zoning Officer shall forthwith refer the same to the attention
of the Township Planning Commission. The Planning Commission shall
arrange a date, time and place for a meeting with the applicant for
the conditional use. Said meeting shall be held within 45 days of
filing of the application with the Zoning Officer. The Planning Commission
shall make a recommendation on the application to the Township Supervisors
within 60 days of the original filing of the application with the
Zoning Officer.
E.
The Township Supervisors 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 Supervisors shall hold a public hearing,
pursuant to public notice, on the conditional use, within 45 days
of receipt of the Planning Commission recommendation and shall issue
a decision within 15 days of the public hearing.
G.
The Zoning Officer shall be under a duty of issuance
of a permit or order indicating the action of the Township Supervisors
as a result of the hearing on the application, and shall notify the
applicant.
H.
Any affected party or any person having a legal interest
in the property may, within 30 days following such order having been
issued, appeal the same to Beaver County Court of Common Pleas, in
accord with the Judicial Code [42 PAC 933 (c) (1)] and the Municipal
Planning Code (Act 247 of 1968, as amended by Act 170 of 1988). [1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
Temporary permits shall be required as indicated herein
where it is intended that a temporary use shall be located anywhere
within the Township for a limited period of time.
B.
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 six-month
period and are renewable.
C.
No temporary permit shall be issued for any temporary
use where said use would violate any of the provisions of this chapter.
A.
The Township Supervisors 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 Supervisors 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 Supervisors
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 consist of three residents of the
Municipality appointed by the Governing Body. 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 terms of
office of one member shall expire each year. 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.
B.
Alternate members. The Governing Body may appoint
one to three residents of the Municipality to serve as alternate members
of the Zoning Hearing Board. 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.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
C.
Powers and duties.
(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 Chapter 200, Zoning, 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 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 Chapter 200, Zoning, 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 or development of adjacent property, nor be detrimental to the
public welfare; and
(e)
That the variance will represent the minimum
variance that will afford relief.
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 Chapter 200, Zoning, 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 Supervisors 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 Commission 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 interpretations of said data by a representative
of the Planning Commission.
(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.
(2)
In case of an amendment other than that prepared by
the Planning Commission, the Governing Body shall submit each such
amendment to the Planning Commission at least 30 days prior to the
hearing on such proposed amendment to provide the Planning Commission
an opportunity to submit recommendations.
(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 Beaver County Planning Commission for recommendations.
B.
Applications of petitions for any change or amendments
to existing zoning districts shall be made to the Planning Commission
and shall be accompanied with a fee as determined by the Governing
Body, payable to the Township of Independence, 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 and
notices and all official publications required by the Township and
shall not be refundable even though the application is disapproved
by the Governing Body.
C.
The Township Supervisors may from time to time, on
its 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 Independence Township and Beaver 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 Independence Township and Beaver County Planning
Commissions for review and comment and notice of the hearing thereon
shall be given as provided for in this chapter.
(2)
If the Township Supervisors 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 chapter 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 chapter or map;
(c)
The suitability of the site for the intensity
of use proposed by the site's soils, slopes, woodlands, wetlands,
floodplains, 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 Supervisors determine that Chapter 200, Zoning, or any portion thereof is substantially invalid, it shall take the following actions.
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 once 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 Beaver County Law Library.
(3)
In the event 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. The
chapter is not intended to interfere with or abrogate or annul other
rules, regulations or ordinances of the Township of Independence,
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 Supervisors, 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.
All existing ordinances or parts of ordinances,
that are contrary to or conflict with the provisions of this chapter
are hereby repealed to the extent necessary to give this chapter full
force and effect. In the event that any ordinance or parts of ordinances
conflict with the terms and provisions of this chapter, then the ordinance
containing the stricter provisions and requirements will prevail and
govern.
The granting of a zoning permit for the erection
and/or use of a building or lot shall not constitute a representation,
guarantee or warranty of any kind or nature by the Municipality, or
an official or employee thereof, of the safety of any structure, use
or other proposed plan for any cause whatsoever, and shall create
no liability upon, or a cause of action against any such public official
or employee for any damage that may result pursuant thereto.
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 Independence Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by Independence 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, Independence 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 corporation violating the 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 Chapter 200, Zoning, shall be paid over to Independence Township.
[Added 11-2-1997 by Ord. No. 3-97]
An enforcement notice issued because of an apparent
violation of the chapter shall specify a period of 10 days within
which the recipient may appeal the matter to the Zoning Hearing Board,
and shall state that an appeal must be filed in writing, specify the
reasons why relief is sought, and be signed by the aggrieved property
owner and/or occupant, with a copy of the enforcement notice attached.
