For the administration of this chapter, a Zoning Officer, who
may not hold any elective office in the Township, shall be appointed.
The Zoning Officer shall administer this chapter in accordance with
its literal terms and shall not have the power to permit any construction
or any use or change of use which does not conform to this chapter.
It shall be the duty of the Zoning Officer, who is hereby given
the power and authority, to enforce the provisions of this chapter.
The Zoning Officer shall examine all applications for permits, issue
permits for construction and uses which are in accordance with the
requirements of this chapter, record and file all applications for
permits with accompanying plans and documents and make such reports
as the Township Board of Commissioners may require. Permits for construction
and uses which are a special exception or a variance to requirements
of this chapter shall be issued only upon approval by the Zoning Hearing
Board. Permits for construction and uses which are a conditional use
are issued only upon approval of the Board of Commissioners.
A.
Requirements of permits. A zoning permit shall be required prior
to the erection, construction, reconstruction, addition, conversion,
alteration or use of any building, structure or portion thereof prior
to the use or change in use of a building, structure or land and prior
to the change or extension of a nonconforming use. It shall be unlawful
for any person to commence work for the erection, construction, reconstruction,
addition, conversion, alteration or use of any building or for a change
in land use until a zoning permit has been duly issued therefor. No
such zoning permit shall be required in case of normal maintenance
activities or minor repairs. Applicants are hereby notified that a
building permit may also be required.
B.
Application for permits. All applications for permits shall be accompanied
by plans in duplicate, drawn to scale, showing the actual shape and
dimensions of the lot to be built upon, the exact size and location
of any buildings and structures existing on the lot, the lines within
which the proposed building or structure shall be erected or altered,
the existing and intended use of each building or part of a building,
the number of families or dwelling units the building is designed
to accommodate and such information as may be necessary to determine
compliance with this chapter and all other codes and ordinances. One
copy of such plans shall be returned to the owner when such plans
have been reviewed and acted upon by the Zoning Officer. All applications
with accompanying plans and documents shall become a public record
after a permit is issued or denied.
C.
Issuance of permits.
(1)
No permit shall be issued until the Zoning Officer has certified
that the proposed building or structure, addition or alteration complies
with all the provisions of this chapter, as well as the provisions
of all other applicable codes and ordinances.
(2)
Applicants are hereby notified that other codes and ordinances
enforced by the Codes Official may be applicable.
(3)
A permit issued hereunder shall become void 12 months after
issuance date if construction or use is not commenced, unless a request
for extension has been submitted to and approved by the Zoning Officer.
Such request shall be filed with the Zoning Officer at least 30 days
prior to the permit expiration date.
(4)
Temporary permits. A temporary permit may be authorized by the
Zoning Officer for a structure or use which is deemed necessary to
promote the proper development of the community, provided that such
structure or use shall be completely removed upon expiration of the
permit without cost to the Township. Such permits shall be issued
for a specified period of time not to exceed 180 days and may be renewed
no more than twice.
D.
Revoking of permits. The Zoning Officer may revoke a permit or approval
issued under the provisions of this chapter in case of any false statement
or misrepresentation of fact in the application or on the plans on
which the permit or approval was based or if it found that the work
performed or the use to which the property is put is not in conformance
with the application, approved plans or provisions of all pertinent
laws.
It shall be the duty of the Zoning Officer or his duly appointed representative to make the following minimum number of inspections of property for which a permit has been issued. Such inspections shall be in addition to any required to determine compliance with Chapter 70, Building Construction and Safety Standards.
A.
Beginning of construction. A record shall be made indicating the
time and date of inspection and the finding of the Zoning Officer
in regard to conformance of the construction with plans submitted
with the approved permit application. If the actual construction does
not conform to the application, a written notice of violation shall
be issued by the Zoning Officer, and such construction shall be discontinued.
Upon proper correction of the violation and receipt of written notice
from the Zoning Officer, construction shall proceed.
B.
Throughout construction. Before issuing any permit, the Zoning Officer
may, at his discretion, examine or cause to be examined all buildings,
structures, signs or land and portions thereof for which an application
has been filed for the erection, construction, alteration, repair,
extension, replacement, relocation, conversion and/or use. Thereafter,
he may make such inspections during the completion of work for which
a permit has been issued.
C.
Final inspection. Upon completion of work and before issuing a certificate
of use and occupancy, a final inspection shall be made. All violations
of the approved plans or permit shall be noted, the holder of the
permit shall be notified of the discrepancies and all discrepancies
shall be corrected before a certificate of use and occupancy is issued.
A.
The Township Board of Commissioners shall establish, by resolution,
a schedule of fees, charges and expenses, as well as a collection
procedure for zoning permits, certificates of use and occupancy, appeals,
variances, special exceptions, amendments, bonds and other matters
pertaining to this chapter. The schedule of fees shall be posted in
the office of the Zoning Officer and may be amended only by the Township
Board of Commissioners.
B.
Such nonrefundable fees shall be payable to the Township, and until
all applicable fees, charges and expenses have been paid in full,
the application shall be considered incomplete and no action shall
be taken on any applications or appeal.
A.
A certificate of use and occupancy shall be a statement issued by
the Zoning Officer setting forth that a building, structure, parcel
or use of land complies with the provisions of this chapter.
B.
No vacant land shall be occupied or used and no structure or part
of a structure hereafter erected, substantially altered or changed
in use shall be occupied or used until a certificate of use and occupancy
shall have been issued by the Zoning Officer.
C.
A certificate of use and occupancy to establish a use on vacant land,
for a change to an existing land use, for an alteration to or a change
in use of an existing building, or for the use, in whole or part,
of a new building shall be applied for coincident with the application
for a zoning permit. The certificate of use and occupancy shall be
issued by the Zoning Officer for the use listed on the zoning permit
application within five business days following receipt of a final
inspection report that verifies compliance with the Zoning Ordinance.
When the proposed use also requires a building permit, and a combined
certificate of use and occupancy is being used by the Zoning Officer
and Building Code Official, the time limit to issue the zoning approval
for use and occupancy shall not commence until the Building Code Official
has received a final inspection report signifying that construction
work has been completed in compliance with the Pennsylvania Uniform
Construction Code.[1]
[1]
Editor's Note: See 35 P.S. §§ 7210.101 to 7210.1103.
D.
A certificate of use and occupancy for changing or extending a nonconforming
use existing at the time of the passage of this chapter or of an amendment
thereto shall be applied for and issued before any such nonconforming
use shall be changed or extended. Such certificate shall be issued
within 15 days after a final inspection and approval by the Zoning
Officer.
E.
A record of all certificates of use and occupancy shall be kept on
file in the office of the Zoning Officer.
F.
A temporary certificate of use and occupancy may be authorized by
the Zoning Officer for a structure or use. Such temporary certificate
of use and occupancy shall be issued for a specified period of time
not to exceed 180 days and may be renewed no more than twice.
A certificate of nonconformance shall be issued by the Zoning
Officer to the owner of any property, upon request, which, at the
time of the effective date of this chapter, is identified by the owner
as containing a nonconforming use or structure. The owner's property
and the issuance date of such certificate shall be registered in the
records of the Township as follows:
A.
The certificate of nonconformance shall set forth in detail all of
the nonconforming conditions of said property.
B.
A copy of the certificate of nonconformance shall be retained and
filed by the Zoning Officer.
C.
The certificate shall be for the purposes of ensuring the owner the
right to continue a nonconforming use in accordance with the regulations
of this chapter.
Applications for any special exception permitted by this chapter or variances shall be made to the Zoning Hearing Board through the Zoning Officer. The Zoning Hearing Board may refer the matter to the Planning Commission for report thereon as to its effect on the community goals and objectives of Lower Allen Township, pursuant to § 220-4 herein.
A.
Applications for any conditional use permitted by this chapter shall
be made to the Zoning Officer, who shall refer the application to
the Planning Commission. The Planning Commission shall review the
application and submit its recommendation to the Board of Commissioners
for approval or denial.
B.
In addition to the information required on the permit application,
the conditional use application must show:
(1)
Names and addresses of adjacent property owners, including properties
directly across a street or public right-of-way from the subject property.
(2)
A surveyed, scaled site plan with sufficient detail and accuracy
to demonstrate compliance with applicable provisions of this chapter.
(3)
A written description of the proposed use in sufficient detail
to demonstrate compliance with this chapter.
C.
Each applicant for a conditional use must demonstrate with appropriate
evidence the following:
(1)
That the proposed use is consistent with the purpose and intent
of this chapter and is listed as a conditional use in the zoning district
in which it is proposed.
(2)
That the establishment, maintenance or operation of the conditional
use will not be detrimental to or endanger the public health, safety,
morals, comfort or general welfare.
(3)
That the conditional use will not be injurious to the use or
enjoyment of other properties for permitted purposes.
(4)
That establishment of the conditional use will not impede the
normal and orderly development and improvement of other properties
for uses permitted in the zoning district.
(5)
That the conditional use is consistent with the goals and objectives
of the Township's Comprehensive Plan, as amended.
(6)
That adequate utilities, infrastructure and other public services
are available or will be provided.
(7)
That adequate measures have been or will be taken to provide
ingress and egress, to minimize traffic congestion and to facilitate
the movement of vehicles and pedestrians.
An appeal or application for an amendment, special exception,
or variance from the terms of this chapter shall be filed with the
Zoning Officer and shall contain:
A.
The name and address of the applicant.
B.
The name and address of the owner of the real estate to be affected
by such proposal.
C.
A brief description and location of the real estate to be affected
by such proposal.
D.
A statement of the present zoning classification of the real estate
in question and an accurate description of the present improvements
and the alterations intended to be made under this application, indicating
the size and use of such proposed improvements and general construction
thereof. In addition, there shall be attached a plot plan of the real
estate to be affected, as required to accompany applications for permits,
indicating the location and size of the lot and location of improvements
now erected and proposed to be erected thereon.
E.
A statement of the section of this chapter under which the appeal
or application requested may be allowed and reasons why it should
be granted or a statement of the section of this chapter governing
the situation in which the alleged erroneous ruling is being appealed
and reasons for the appeal.
F.
Any other pertinent data required by the Zoning Hearing Board, Township
Board of Commissioners and/or Zoning Officer, as appropriate to their
individual authorities set forth in this article.
The erection, construction, reconstruction, excavation, alteration,
conversion, maintenance or use of any structure, building, sign, land
or landscaping or the change of use, area of use, percentage of use
or displacement of use of any structure, building, sign, land or required
landscaping/screen planting without first obtaining a zoning permit;
the use of any building, structure, sign or land without receipt of
a certificate of use and occupancy; the use or maintenance of any
building, structure, sign or land for a use or in a manner which is
not in accordance with the provisions of this chapter; the use of
property for a use different from that set forth in any zoning permit
or certificate of use and occupancy which has been granted for the
property without applying for and being granted a zoning permit and
certificate of occupancy for such new or different use; the failure
to comply with any other provisions of this chapter; and the violation
of any condition imposed upon the grant of a special exception or
variance by the Zoning Hearing Board or by a court, conditional use
by the Board of Commissioners or accord of competent jurisdiction
if such special exception, variance or conditional use is granted
by such court, are hereby declared to be violations of this chapter.
A.
Notice of violation.
(1)
When written notice of a violation of any of the provisions
of this chapter has been served by the Zoning Officer on the owner,
agent or occupant or contractor, such violation shall be discontinued
immediately.
(2)
All appeals from determinations by the Zoning Officer under
this section shall be made to the Zoning Hearing Board within 30 days
of the date of the determination.
B.
Causes of action. In case any building, structure, landscaping or
land is or is proposed to be erected, constructed, excavated, reconstructed,
altered, converted, maintained or used in violation of this chapter,
the Township Board of Commissioners or, with the approval of the Township
Board of Commissioners, an officer of the Township, or any aggrieved
owner or tenant of real property who shows that his property or person
will be substantially affected by the alleged violation, in addition
to other remedies, may institute any appropriate action or proceeding
to prevent, restrain, correct or abate such building, structure or
landscaping of land or to prevent, in or about such premises, any
act, conduct, business or use constituting a violation. When any such
action is instituted by a landowner or tenant, notice of that action
shall be served upon the Township at least 30 days prior to the time
the action is begun by serving a copy of the complaint on the Township
Board of Commissioners. No such action may be maintained until such
notice has been given.
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 payable until the date of the determination of a violation
by the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the 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 Magisterial District Judge, determining that there has been a
violation, further determines that there was a good faith basis for
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 Magisterial
District Judge and, thereafter, each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation shall be paid over to Lower
Allen Township.
(2)
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.
(3)
Nothing contained in this section 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 section.
The Zoning Hearing Board shall have three members appointed
by the Township Board of Commissioners, and have such powers and authority
as set forth in the Pennsylvania Municipalities Planning Code (Act
247), as amended.[1] The duly established Zoning Hearing Board shall have the
following functions:
A.
Hearings. The Zoning Hearing Board shall conduct hearings and make
decisions in accordance with the Pennsylvania Municipalities Planning
Code (Act 247), as amended. Notice shall be given to the public, the
applicant, the landowner, the Zoning Officer, such other persons as
the Zoning Hearing Board shall designate and any person who has made
timely request for the same. Notices shall be given at such time and
in such manner prescribed by the adopted rules of the Zoning Hearing
Board. The Township Board of Commissioners may establish reasonable
fees, based on costs, to be paid by the applicant and persons requesting
any notice or materials not required by ordinance.
B.
Jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction
to hear and render final adjudications in the following matters, as
set forth in the Pennsylvania Municipalities Planning Code:
(3)
Appeals from the determination of the Zoning Officer, including
but not limited to the granting or denial of any permit or failure
to act on the application therefor, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot.
(7)
Appeals from the determination of any officer or agency charged
with the administration of any transfer of development rights or performance
density provisions of this chapter.
(9)
Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Article V or Article VII of the Pennsylvania Municipalities Planning Code.[8]
[8]
Editor's Note: See 53 P.S. § 10501 et seq., and
§ 10701 et seq., respectively.
C.
Variances. 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 Zoning Hearing Board may, by rule,
prescribe the form of application and may require application to the
Zoning Officer. The Zoning Hearing Board may grant a variance, provided
that the following findings are made where relevant in a given case:
(1)
That there are unique physical circumstances or conditions,
including irregularity, narrowness or shallowness of lot size or shape
or exceptional topographical or other physical conditions peculiar
to the particular property, and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the district in which
the property is located.
(2)
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 this chapter and that the authorization of
a variance is therefor necessary to enable the reasonable use of the
property.
(3)
That such unnecessary hardship has not been created by the appellant.
(4)
That the variance, if authorized, will not alter the essential
character of the 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.
(5)
That the variance, if authorized, will represent the minimum
variance that will afford relief and represent the least modification
possible of the regulation in issue. In granting any variance, the
Zoning Hearing Board may attach such reasonable conditions and safeguards
as it may deem necessary to implement the purposes of this chapter.
D.
Special exceptions. In this chapter, special exceptions may be granted
or denied by the Zoning Hearing Board pursuant to expressed standards
and criteria contained in this chapter. The Zoning Hearing Board shall
hear and decide requests for such special exceptions in accordance
with such standards and criteria and prescribe the application form
to be used. The Board may grant approval of a special exception, provided
that the applicant complies with the following standards and that
the proposed special exception shall not be detrimental to the health,
safety or welfare of the neighborhood. The burden of proof shall rest
with the applicant.
(1)
The applicant shall establish, by credible evidence, compliance
with all conditions on the special exception contained within this
chapter which give the applicant the right to seek the special exception.
(2)
The applicant shall establish, by credible evidence, that the
proposed special exception shall be properly serviced by all existing
public service systems. The peak traffic and parking demands generated
by the subject of the application shall be accommodated in a safe
and efficient manner or improvements shall be made in order to effect
the same. Similar responsibilities shall be assumed with respect to
other public service systems, including, but not limited to police
protection, fire protection, utilities, and parks and recreational
facilities.
(3)
The applicant shall establish, by credible evidence, that the
proposed special exception shall be in and of itself properly designed
with regard to internal circulation, parking, buffering and all other
elements of proper design as specified in this chapter and any other
governing law or regulation.
(4)
The applicant shall provide the Board with sufficient plans,
studies or other data to demonstrate compliance with all applicable
regulations.
(5)
For uses, structures or any development within the overlay Floodway
(FW) and Flood Fringe (FF) Districts, the applicant shall present
evidence of the effect of the use, structure or development on flood
levels, flood frequencies and velocities; the susceptibility of the
use, structure or development to flood damage; the availability of
emergency access to the use, structure or development in times of
flood; the necessity of the use, structure or development to be located
near the floodplain; and the compliance with the requirement that
the use, structure or development will not be located in the floodplain
if the use, structure or development increases the base flood elevation.
(6)
The applicant shall inform the Board whether any structures
on the property are listed upon the National Register of Historic
Places or any other registry of historic structures.
(7)
The proposed special exception shall not substantially injure
or detract from the use of neighboring property or from the character
of the neighborhood and the use of property adjacent to the area included
in the special exception application shall be adequately safeguarded.
(8)
The Board may attach such reasonable conditions and safeguards
as it may deem necessary to implement the purposes of and ensure compliance
with the Pennsylvania Municipalities Planning Code, as amended, and
this chapter, which conditions may include plantings and buffers,
harmonious designs of buildings and the elimination of noxious, offensive
or hazardous elements.
(9)
Unless otherwise specified by the Board or by law, a special
exception shall expire if the applicant fails to obtain a zoning permit
within 12 months from the date of authorization thereof by the Board
or by the court if such special exception has been granted after an
appeal or fails to complete any erection, construction, reconstruction,
alteration or change in use authorized by the special exception approval
within one year from the date of authorization thereof by the Board
or by the court if such special exception has been granted after an
appeal. The Board, upon written application and for reasonable cause
shown, may extend the approval for an additional period of up to one
year.
(10)
Any site plan or plot plan presented in support of the special
exception shall become an official part of the record for said special
exception. Approval of any special exception shall also bind the use
in accordance with the submitted site plan or plot plan. Should a
change in the site plan or plot plan be required as a part of the
approval of the use, the applicant shall revise the site plan or plot
plan prior to the issuance of a zoning permit and present such revised
plan to the Zoning Officer. Any subsequent change to the use on the
subject property not reflected on the originally approved site plan
or the amended site plan filed with the Zoning Officer prior to the
issuance of the zoning permit shall require the granting of another
special exception to authorize such change.
(11)
The Zoning Hearing Board's decision to grant a permit for a
special exception use shall be made only after public notice and public
hearing. Such permit shall apply specifically to the application and
plans submitted and presented at said public hearing. Any subsequent
amendments or additions shall be subject to review and public hearing
by the Zoning Hearing Board as a special exception.
(12)
If the Zoning Hearing Board requests a report from the Planning Commission pursuant to § 220-266, then no application for a permit shall be granted by the Zoning Hearing Board for any special exception use until said Board has first received and considered an advisory report thereon from the Planning Commission with respect to the location of such use in relation to the needs and growth pattern of the Township of Lower Allen, where appropriate, with reference to the adequacy of the site area and the arrangement of buildings, driveways, parking areas, off-street loading and unloading spaces and other pertinent features of the proposal.
(13)
The Planning Commission shall have 30 days from the date of
its receipt of the application within which to file its report thereon.
In the event that the Planning Commission shall fail to file its report
within 30 days, such application may be deemed to have been recommended
approval by the Planning Commission. The Planning Commission may have
representation at the public hearing held by the Zoning Hearing Board
on such application. After receipt of the report, the Zoning Hearing
Board shall hear the application in the same manner and under the
same procedure as it is empowered by law and ordinance to hear cases
and make exceptions to the provisions of this chapter. The Zoning
Hearing Board may thereafter direct the Zoning Officer to issue a
permit if, in its judgment, the request will not be detrimental to
the health, safety and general welfare of the Township of Lower Allen.
(14)
A special exception use for which a permit is granted by the
Zoning Hearing Board pursuant to the provisions of this section shall
be construed to be a conforming use.
E.
Parties appellant before the Zoning Hearing Board. Appeals raising
the substantive validity of any land use ordinance, except those to
be brought before the Township Board of Commissioners, pursuant to
the Pennsylvania Municipalities Planning Code, as amended, procedural
questions or alleged defects in the process or enactment or adoption
of land use ordinance; from the determination of the Zoning Officer,
including but not limited to the granting or denial of any permit
or failure to act on the application therefor, the issuance of any
cease-and-desist order or the registration or refusal to register
any nonconforming use, structure or lot; from a determination by the
Township Engineer or Zoning Officer with reference to the administration
of any floodplain or flood hazard ordinance or such provisions within
a land use ordinance; or from the determination of the Zoning Officer
or Township Engineer in the reference to sedimentation and erosion
control and stormwater management, insofar as the same relate to the
development not involving subdivision and development or planned residential
development, may be filed with the Zoning Hearing Board in writing
by the landowner affected, any officer or agency of the Township or
any person aggrieved. Requests for a variance and for special exception
may be filed with the Zoning Hearing Board by any landowner or tenant
with the permission of such landowner.
F.
Time limitations.
(1)
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after an application for development,
preliminary or final, has been approved by the Township if such proceeding
is designed to secure reversal or limit the approval in any manner,
unless such person alleges and proves that he had no notice, knowledge
or reason to believe that such approval has been given. If such person
has succeeded to his interest after such approval, he shall be bound
by the knowledge of his predecessor in interest. The failure of anyone
other than the landowner to appeal from an adverse decision on a tentative
plan or from an adverse decision by the Zoning Officer on a challenge
to the validity of this chapter or an amendment hereto or map or an
amendment thereto shall preclude an appeal from a final approval,
except in the case where the final submission substantially deviates
from the approved tentative approval.
(2)
No issue of alleged defect in the process of enactment of any
ordinance or map or any amendment thereto shall be raised in any proceeding
filed with the Zoning Hearing Board later than 30 days from the time
such ordinance, map or amendment takes effect, unless the person raising
such issues alleges and proves that he failed to receive adequate
notice of the enactment or amendment. If such person has succeeded
to his interest after the enactment of the ordinances, adequate notice
to his predecessor in interest shall be deemed adequate notice to
him.
(3)
All appeals from determinations adverse to the landowner shall
be filed by the landowner within 30 days after notice of the determination
is issued.
G.
Stay of proceedings.
(1)
Upon filing of any appeal proceeding before the Zoning Hearing
Board and during its pendency before the Zoning Hearing Board, all
land development pursuant to any challenged ordinance, order or approval
of the Zoning Officer or of any agency or body and all official action
thereunder shall be stayed, unless the Zoning Officer or any other
appropriate agency or body certifies to the Board facts indicating
that such stay would cause imminent peril to life or property, in
which case the development or official action shall not be stayed
otherwise than by a restraining order, which may be granted by the
Zoning Hearing Board or by the court having jurisdiction of zoning
appeals, on petition, after notice to the Zoning Officer or other
appropriate agency or body. When an application for development, preliminary
or final, has been duly approved and proceedings designed to reverse
or limit the approval are filed with the Zoning Hearing Board by persons
other than the applicant, the applicant may petition the court having
jurisdiction of zoning appeals to order such persons to post bond
as a condition to continuing the proceedings before the Board.
(2)
After the petition is presented, the court shall hold a hearing
to determine if the filing of the appeal is frivolous. At the hearing,
evidence may be presented on the merits of the case. It shall be the
burden of the applicant for a bond to prove the appeal is frivolous.
After consideration of all evidence presented, if the court determines
that the appeal is frivolous, it shall grant the petition for a bond.
The right to petition the court to order the appellants to post bond
may be waived by the appellee, but such waiver may be revoked by him
if an appeal is taken from a final decision of the court.
(3)
The question of whether or not such petition should be granted
and the amount of the bond shall be within the sound discretion of
the court. An order denying a petition for bond shall be interlocutory.
An order directing the responding party to post a bond shall be interlocutory.
(4)
If an appeal is taken by a respondent to the petition for a
bond from an order of the court dismissing a zoning appeal for refusal
to post a bond and the appellate court sustains the order of the court
below to post a bond, the respondents to the petition for a bond,
upon motion of the petitioner and after hearing in the court having
jurisdiction of zoning appeals, shall be liable for all reasonable
costs, expenses and attorney fees incurred by the petitioner.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the health, safety, morals and general welfare. They are not intended
to interfere with or abrogate or annul other rules, regulations or
ordinances, provided that where this chapter imposes a greater restriction
upon the use of buildings or premises or upon the height of a building
or requires larger open spaces than are imposed by such other rules,
easements, covenants, restrictions, regulations or ordinances, the
provisions of this chapter shall control.