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 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 Raccoon 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 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 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;
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, location and height 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:
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,
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 the reason for failure to complete within the
specified time. In the event said applicant fails to notify the Zoning
Officer, the permit shall immediately expire and no further activity
may take place unless a new permit is obtained.
E.
A copy of the permit shall be posted on the premises
for public inspection during the prosecution of the work.
F.
Upon completion of the authorized new construction,
alternation, remodeling, change of use of building or land under the
provisions of a Zoning Permit, such building or land 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 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. No premises, structure, or the
like shall be used until such time as an occupancy permit has been
granted.
G.
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.
H.
Occupancy permits shall state that the building or
the proposed use of a building or land complies with all applicable
provisions of this chapter and authorizes use of the building and/or
land so long as such building and use is in full conformity with the
provisions of this chapter.
I.
No occupancy permit shall be issued until such time
as the applicant has applied for the same, paid the application fee
which shall be included as part of the zoning permit fee, and the
premises have been inspected by the Zoning Officer or his authorized
delegate and, thereafter, a determination has been made that the premises
are in compliance with this chapter.
J.
No occupancy permit shall be issued until the subject
project has been completed and the Zoning Officer has determined the
same to be fit for the use intended by the applicant; except that:
(1)
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 interim occupancy
permit and all rules and regulations pertaining thereto have been
determined by the Zoning Officer to have been met.
(2)
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 for an
interim occupancy permit, pay a fee equal to the amount of the original
cost of the permit, and thereafter, once the same has been examined
by the Zoning Officer and has been determined by him to be fit 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 herein above pertaining to the completion
of the original project.
An application for a zoning permit for a conditional
use shall be filed with the Zoning Officer and it shall:
A.
Identify and describe the property, its location and
the present use.
B.
Reasonably describe present improvements and any intended
additions and changes.
C.
Disclose the conditional use for which the application
is being made; and show how the property, as it may be improved, meets
the standards and criteria required.
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 45 days of the original filing of the application with the
Zoning Officer.[1]
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 60 days
of the date of filing of the application with the Zoning Officer and
shall issue a decision within 45 days after the last hearing before
the Board of Supervisors.[2]
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.
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 this chapter 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 the Zoning chapter 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.
(6)
The Zoning Hearing Board may authorize special exceptions
where the governing body in the Zoning chapter 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 chapter
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. Also, the Board shall give written notice
of all variance hearings to all property owners within 250 feet of
the subject property 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)
A copy of the final decision or, where no decision
is called for, the findings, shall be delivered to the applicant personally
or mailed to him not later than the day following its date. To all
other persons who have filed their name and address with the Board
not later than the last day of the hearing, the Board shall provide
by mail or otherwise, brief notice of the decision or findings and
a statement of the place at which the full decision or findings may
be examined.
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.
(5)
Within 30 days after enactment, a copy of the amendment
to the Zoning chapter shall be forwarded to the County Planning Commission.
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 Raccoon, 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 Raccoon 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 this chapter or Map or any provision thereof,
that prohibits or restricts the use or development of land in which
he has an interest, may submit a curative amendment to the Township
Supervisors in accordance with provisions of the Pennsylvania Municipalities
Planning Code. [1]
(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 Raccoon 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 proposals 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.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
E.
If the Township Supervisors determine that the Zoning
chapter or any portion thereof is substantially invalid, they may
initiate a municipal curative amendment in accordance with the provisions
of the Pennsylvania Municipalities Planning Code.
(1)
Declare by formal action the Zoning chapter 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 chapter.
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 Raccoon, 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 ordinances or parts of ordinances that are
contrary to the provisions of this Zoning chapter are hereby repealed
to the extent they are inconsistent herewith. In the event that any
ordinance or parts of ordinances provide stricter provisions and requirements
than the terms of the within 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 who violates the provisions of this chapter shall be subject to civil enforcement procedures as set forth in Chapter 1, General Provisions, Article II. 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.
