[Ord. 96-267, 5/2/1996; as amended by Ord. 2003-343, 7/1/2003,
§ 7]
1.
Compliance Required. No structure shall be erected, added to or otherwise have any structural alterations made to it until zoning approval has been issued by the Township. No zoning approval shall be issued for any structure where said construction, addition, structural alteration or use thereof would be in violation of any of the provisions of this chapter, except after such written order from the Board or the Supervisors as this chapter may require. No zoning approval for structural alteration and erection of structures shall be issued until prior approvals and requirements of this chapter and the Subdivision and Land Development Ordinance [Chapter 22], have been complied with, including but not limited to conditional use, use by special exception, planned residential development, and recording of the final plat of a subdivision or land development. Any zoning approval issued in conflict with the provisions of this chapter shall be null and void.
2.
Application Content. All applications for development for zoning approval for structural alteration or erection of structures shall be in the form set forth in this chapter; the Subdivision and Land Development Ordinance [Chapter 22], if applicable; and in the Building Code. Chapter 5, Part 1, Uniform Construction Code, and Chapter 17, Public and Private Improvements Code. The application for development for zoning approval for structural alteration or erection of structures shall include the following:
[Amended by Ord. No. 2018-485, 11/1/2018]
A.
Two copies of application form, provided by the Township and completed
by the applicant.
B.
For authorized uses by right that are not land developments: two
copies of site plan of the site clearly and legible drawn at a scale
of one inch being equal to not more than 50 feet, or less, showing
the following:
(1)
Name of applicant and landowner.
(2)
Name of development, if any.
(3)
Evidence of preparation by an architect, landscape architect,
engineer, or surveyor.
(4)
Graphic and written scale.
(5)
North arrow.
(6)
Dates of preparation and revisions of site plan.
(7)
A site location map.
(8)
Property lines for the entire lot or site and adjacent parcels,
and lot width.
(9)
Site or lot area and net site or net lot area, lot coverage,
impervious surfaces and percentage of impervious surfaces.
(10)
Location and dimensions of existing and proposed public and
private streets, driveways, sidewalks and other pedestrian ways, and
other impervious surfaces on the lot or site and within 100 feet of
the perimeter of the lot or site.
(11)
Existing and proposed structures with proposed density and approximate
height of structures indicated for each proposed type of structure
and use, existing and proposed gross floor area and building area.
(12)
Proposed location and dimensions of all yards and open spaces.
(13)
Topography based on Chapter 17, Public and Private Improvements Code, showing existing and proposed contours at vertical intervals of two feet if the general slope is less than 10% and at intervals of five feet if the general slope is 10% or greater and indications of compliance with steep slope limitations set forth in § 27-308.
(14)
General proposals for the disposition of stormwater runoff.
(15)
Proposals for the disposition of sanitary wastes and the provision
of water supplies.
(16)
Delineation of any portion of the lot or site in mature woodlands
or other woodlands showing delineation and percentage of each that
will remain uncut and undisturbed during construction or development.
C.
For uses authorized by conditional use, special exception, or planned
residential development and for uses that are land developments -
two copies - final site development plans containing the information
required for a site plan in accordance with Subsection .2.B for uses
by right, and in addition, information demonstrating conformity with
the conditional use, special exception, planned development, or land
development approved by the Supervisors.
D.
Two copies - construction plans as required by the Building Code.
E.
Such other information as lawfully may be required by the Zoning Officer to determine conformance with this chapter, the Subdivision and Land Development Ordinance [Chapter 22] including but not limited to the names of all the legal or beneficial owners of the applicant if the applicant is a corporation or a partnership, and
F.
Required fee.
3.
In approving an application for development the Zoning Officer may
require such changes in plans for construction, addition, structural
alteration or use of such structures or lots as may be necessary to
assure compliance with this chapter.
4.
Zoning approval for any structure or use may be revoked and withdrawn
by the Zoning Officer if the holder of the zoning approval has failed
to comply with the requirements of this chapter or with any conditions
attached to the issuance of the zoning approval; and the holder of
the zoning approval may be subject to penalties as provided by this
chapter.
5.
Expiration and Extension.
A.
Temporary Structures. Erection of temporary structures shall be completed
within 30 days of issuance of zoning approval for structural alteration
and erection of structures. Upon written request from the applicant,
the Zoning Officer may extend the zoning approval.
B.
Other Structures. If no application for a grading or building permit
to undertake work described in an application for zoning approval
for structural alteration or erection of structures other than temporary
structures, has been submitted within 12 months of issuance of zoning
approval for structural alteration or erection of structures, said
zoning approval shall expire automatically without written notice
to the developer unless the Supervisors, in their sole discretion,
extend the zoning approval upon written request of the developer received
prior to its expiration. The maximum extension permitted shall be
one twelve-month extension.
[Ord. 96-267, 5/2/1996]
1.
It shall be unlawful to use or occupy any structure or lot or part thereof until zoning approval has been issued by the Township. Zoning approval shall state that the proposed use of the structure or lot conforms to the requirements of this chapter. Any change in use category shall require the requisite approval as set forth in § 27-402, Tables of Authorized Uses.
2.
No nonconforming structure, use or lot shall be maintained, renewed,
changed, or otherwise have any structural alterations made to it or
extended until a zoning approval has been issued by the Township.
3.
Where zoning approval for occupancy and use is necessary to allow
an occupancy permit to be issued pursuant to the Building Code, and
where a building permit has been issued, zoning approval for occupancy
and use shall be applied for within 10 working days after the erection
of the structure or structural alteration has been completed.
4.
Temporary Zoning Approval. Temporary zoning approval may be granted
by the Zoning Officer upon filing of a written application for development
for temporary zoning approval for occupancy and use when a temporary
or permanent occupancy permit is authorized and is eligible for approval
under the Building Code or when all work described in the application
for development is not complete, and subject to the following:
A.
The applicant shall post an acceptable financial security to the
Township to guarantee completion of the work described in an application
for development, for zoning approval and of all conditions attached
to zoning approval within a specified time period.
B.
There shall be no violations of applicable zoning district regulations.
5.
Where zoning approval for occupancy and use is necessary in order
to allow an occupancy permit to be issued pursuant to the Building
Code for a new or changed use of a lot and where no building permit
is required, zoning approval for occupancy and use shall be made directly
to the office of the Zoning Officer.
6.
Zoning approval under this section shall be issued or a written notice
stating why a zoning approval cannot be issued shall be given to the
applicant.
7.
Temporary Structures. During the time of construction of a structure
for which zoning approval has been granted and a building permit has
been issued, the Zoning Officer may issue zoning approval for occupancy
and use of a temporary structure for a period not to exceed 12 months.
Zoning approval for a temporary structure may be extended upon reapplication
at the discretion of the Zoning Officer. Zoning approval for a temporary
structure shall be canceled upon written notice by the Zoning Administrator
if construction of the permanent structure is not diligently pursued.
8.
Failure to obtain zoning approval shall be a violation of this chapter
and may be subject to penalties as provided by this chapter.
9.
The Zoning Officer shall maintain a record of all zoning approvals
issued.
[Ord. 96-267, 5/2/1996; as amended by Ord. 2001-311, 3/1/2001,
§ 15]
Prior to granting zoning approval for structural alteration and erection of structures or zoning approval for occupancy and use or any other approval required by this chapter wherein the developer is required or has agreed, as a condition of approval, to remove or demolish any structure or to provide certain public and private improvements, the developer shall provide financial security in accordance with the provisions of the Subdivision and Land Development Ordinance [Chapter 22]. Financial security shall not be required for the costs of any improvements for which financial security is required by and provided to the Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the Act of June 1, 1945, known as the "State Highway Law," 36 P.S. § 670-101 et seq.
[Ord. 96-267, 5/2/1996]
1.
In accordance with § 27-1102 of this chapter, owners of nonconforming uses, structures and lots may apply for zoning approval. Issuance of such zoning approval by the Zoning Officer will constitute registration of the nonconforming use, structure and/or lot.
2.
After the enactment or amendment of this chapter, the owners of nonconforming
structures and/or lots or the owners of a lot on which a nonconforming
use exists may be notified by the Zoning Officer of the provisions
of this chapter. Within 30 days after the receipt of said notice,
the owner shall apply for and be issued zoning approval for the nonconformity.
If the owner of a nonconformity fails to apply for zoning approval
within 30 days after receipt of the foregoing notice, the nonconformity
ceases to be lawful and is hereby declared to be in violation of this
chapter.
[Ord. 96-267, 5/2/1996; as amended by Ord. 2015-453, 5/6/2015]
1.
The Township Manager, or the Township Manager's delegated representative(s),
shall be the Zoning Officer. The Township Manager is authorized to
adopt by regulation forms for all applications for development authorized
by this chapter. This chapter appoints the Township Manager as the
Zoning Officer.
2.
The Township Manager shall serve to administer and enforce the Floodplain
Management Ordinance and is referred to herein as the "floodplain
administrator." The floodplain administrator may:
A.
Fulfill the duties and responsibilities set forth in this chapter
or any other chapter in the Cranberry Township Code of Ordinances:
B.
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
C.
Enter into a written agreement or written contract with another agency
or private-sector entity to administer specific provisions of these
regulations. Administration of any part of these regulations by another
entity shall not relieve the community of its responsibilities pursuant
to the participation requirements of the National Flood Insurance
Program as set forth in the Code of Federal Regulations at 44 CFR
59.22.
D.
The floodplain administrator shall maintain in perpetuity, or for
the lifetime of the structure, all records associated with the requirements
of this chapter, including, but not limited to, finished construction
elevation data, permitting, inspection and enforcement.
[Added by Ord. No. 2018-482, 8/2/2018]
[Ord. 96-267, 5/2/1996]
The Zoning Officer shall enforce this chapter by authorizing
zoning approval for only those structures and uses that comply with
the provisions of this chapter. The Zoning Officer shall have the
authority to make inspections necessary to determine compliance with
this chapter and shall maintain records thereof and shall have the
authority to issue an enforcement notice and a cease and desist order
upon determination that a violation has occurred.
[Ord. 96-267, 5/2/1996; as amended by Ord. 97-284, 11/6/1997,
§ 39; and by Ord. 2002-332, 9/5/2002, § 8]
1.
Appointment and Powers. The Supervisors shall appoint a Board in
accordance with the requirements of the MPC. The Board shall have
the following powers:
A.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the Zoning
Officer in the enforcement of this chapter.
B.
To authorize in specific cases such variance from the terms of this
chapter as will not be contrary to the interest of the populace, where,
owing to special conditions, a literal enforcement of the provisions
of this chapter will result in unnecessary hardship and so that the
spirit of this chapter shall be observed and substantial justice done
in accordance with the laws of the Commonwealth of Pennsylvania.
C.
To authorize, in accordance with Part 7, such uses by special exception as will not be contrary to the interest of the populace, so that the spirit of this chapter shall be observed and substantial justice done.
D.
To hear and decide challenges to the validity of any provision of
this chapter, where the challenging party does not submit a curative
amendment, or to the validity of any land use ordinance where the
challenge is based on procedural defects, as such challenges are governed
by the MPC.
E.
To hear and decide appeals from a determination by the Township Engineer
or the Zoning Officer with reference to the administration of any
floodplain or flood hazard provisions within this chapter.
F.
To hear and decide appeals from a decision by the Supervisors on
a special encroachment permit.
2.
Hearings. The Board shall conduct hearings in accordance with Section
908 of the MPC, 53 P.S. § 10908, and the following requirements:
A.
Hearing Notice. Public notice shall be given and written notice shall
be given to the applicant, the Zoning Officer, such other persons
as the Supervisors shall designate by ordinance and to any person
who has made timely request for public notice. Written notices shall
be given at such time and in such manner as shall be prescribed by
ordinance or, in the absence of ordinance provision, by rules of the
Board. In addition, written notice shall be conspicuously posted on
the affected tract of land at least one week prior to the hearing.
The hearings shall be conducted by the Board or the Board may appoint
any member as a hearing officer. The decision, or, where no decision
is called for, the findings shall be made by the Board; however, the
appellant or the applicant, as the case may be, in addition to the
Township, may, prior to the decision of the hearing, waive decision
or findings by the Board and accept the decision or findings of the
hearing officer as final.
B.
Parties. The parties to the hearing shall be the Township, any person
affected by the application who has made timely appearance of record
before the Board, and any other person including civic or community
organizations permitted to appear by the Board. The Board shall have
power to require that all persons who wish to be considered parties
enter appearances in writing on forms provided by the Board for that
purpose.
C.
The chairman or acting chairman of the Board or the hearing officer
presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
D.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
E.
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
F.
Stenographic Record and Related Fees. The Board or the Hearing Officer,
as the case may be, shall keep a stenographic record of the proceedings.
The appearance fee for a stenographer shall be shared equally by the
applicant and the Board. The cost of the original transcript shall
be paid by the Board if the transcript is ordered by the Board or
Hearing Officer or shall be paid by the person appealing from the
decision of the Board if such appeal is made, and in either event
the cost of additional copies shall be paid by the person requesting
such copy or copies. In other cases the party requesting the original
transcript shall bear the cost thereof.
G.
Communication. The Board or the Hearing Officer shall not communicate,
directly or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
H.
Time Limitations. Hearings shall be held in accordance with § 908
of the MPC, 53 P.S. § 10908.
3.
General Rules and Procedures for Appeals and Applications.
A.
Time Limitations.
(1)
Landowner Appeals. All appeals from determinations adverse to
the landowner shall be filed by the landowner within 30 days after
notice of the determination is issued.
(2)
Appeals by Other Aggrieved Parties. No person shall be allowed
to file any proceeding with the Board later than 30 days after an
application for development, preliminary or final, has been approved
by an appropriate Township Officer, agency or body if such proceeding
is designed to secure reversal or to 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 had 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 pursuant to § 27-902.5, Tentative Approval, of this
chapter or from an adverse decision by the Zoning Officer on a challenge
to the validity of an ordinance or map pursuant to § 916.2
of the MPC, 53 P.S. § 10916.2, shall preclude an appeal
from a final approval except in the case where the final submission
substantially deviates from the approved tentative approval.
B.
Who May Appeal. Appeals may be made to the Board by any landowner
affected, any officer or agency of the Township, or any person aggrieved.
C.
All appeals and applications to the Board shall be submitted to the
Zoning Officer in accordance with the rules of procedure established
by the Board.
D.
Application Content. All appeals and applications shall contain the
following:
(1)
A written application on the form prescribed by the Board referring
to the specific provisions of this chapter which are involved and
setting forth the reasons which would justify the granting of a variance,
special exception or other requested determination.
(2)
The fee required by ordinance or resolution of the Supervisors.
(3)
Seven copies of the site plan when applicable.
4.
Decision and Findings. The Board shall make decisions and findings
in accordance with § 908 of the MPC, 53 P.S. § 10908,
and the following requirements:
A.
Decision. In exercising the above-mentioned powers, the Board may,
in conformity with the provisions of this chapter, reverse or affirm,
wholly or partly, or may modify the order, requirement, decision,
or determination appealed from and may make such order, requirement,
decision, or determination as, in its opinion, ought to be made.
B.
Findings. Where the application is contested or denied, each decision
shall be accompanied by findings of fact and conclusions based thereon
together with the reasons therefor. Conclusions based on any provisions
of the MPC or of any ordinance, rule or regulations shall contain
a reference to the provision relied on and the reasons why the conclusion
is deemed appropriate in the light of the facts found.
C.
Time Limitations. The Board or the Hearing Officer, as the case may
be, shall render a written decision or, when no decision is called
for, make written findings on the application within 45 days after
the last hearing before the Board or hearing officer. If the hearing
is conducted by a Hearing Officer, and there has been no stipulation
that his decision or findings are final, the Board shall make his
report and recommendations available to the parties within 45 days
and the parties shall be entitled to make written representations
thereon to the Board prior to final decision or entry of findings,
and the Board's decision shall be entered no later than 30 days after
the report of the Hearing Officer.
D.
Deemed Decision. Where the Board fails to render the decision within
the period required, or fails to commence or complete the required
hearing within the time limitations, 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. When
a decision has been rendered in favor of the applicant because of
the failure of the Board to meet or render a decision as hereinabove
provided, the Board shall give public notice of said decision within
10 days from the last day it could have met to render a decision in
the same manner as provided in Subsection .2.A.
E.
Notice of Decision or Findings. A copy of the final decision or,
where no decision is called for, of the findings shall be filed with
the Zoning Officer and 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.
5.
Acquisition of Services. In exercising the above-mentioned powers,
the Board may employ or contract for secretaries, clerks, legal counsel,
consultants, and other technical or clerical services within the limits
of funds appropriated for such purpose by the Supervisors.
6.
Stay of Proceedings. 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 governed by
the provisions of § 915.1 of the MPC, 53 P.S. § 10915.1,
upon filing of an appeal and during its pendency before the Board.
7.
Appeals from the Board's Decision. Any person aggrieved by any decision
of the Board or the Supervisors may appeal to the Court of Common
Pleas of Butler County in accordance with the MPC.
[Ord. 96-267, 5/2/1996]
1.
Board Functions. The Board shall hear and decide requests for variances
where it is alleged that this chapter inflicts unnecessary hardship
upon the applicant.
2.
Who May Apply. The landowner or tenant with the permission of such
landowner may apply for relief where it is alleged that the provisions
of this chapter inflict unnecessary hardship upon the applicant or
upon appeal from a decision of the Zoning Officer.
3.
Findings Required. No variance shall be granted until the applicant
has established and the Board has made all of the following findings
where relevant in a given case:
A.
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 neighborhood or district
in which the property is located.
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 this 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.
E.
That the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
4.
Conditions. In granting any variance, the Board may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter as it may deem necessary to implement the purposes of this
chapter.
5.
Expiration. A variance granted by the Board shall expire automatically
without written notice to the applicant if no application for a zoning
approval, building permit or grading permit to undertake the work
described in the decision granting the variance has been submitted
within 12 months of said decision, unless the Board, in its sole discretion
extends the variance upon written request of the applicant received
prior to its expiration or unless the Board specifically grants a
longer period of time in its decision. The maximum extension permitted
shall be one twelve-month extension. A variance granted by the Board
prior to the adoption of this section shall be subject to the provisions
of this section; however, the twelve-month period shall begin with
the date of adoption of this section.
7.
(Reserved)
8.
Whenever a variance is granted to construct a structure below the
base flood elevation, the Board shall notify the applicant, in writing,
that:
[Amended by Ord. No. 2018-482, 8/2/2018]
[Ord. 96-267, 5/2/1996]
1.
Board's Function. Where this chapter, in accordance with the Tables of Authorized Uses in § 27-402 for the zoning district in which a property is located, allows uses by special exception granted or denied by the Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria and general criteria set forth in Parts 3 and 4.
2.
Who May Apply. The landowner or any tenant with the permission of
such landowner may apply for a special exception.
3.
Conditions. In granting any special exception, the Board may attach
such reasonable conditions and safeguards, in addition to those expressed
in this chapter, as it may deem necessary to implement the purposes
of this chapter.
4.
If the Board determines that the application for special exception
meets all the requirements of this chapter and receives assurances
that any additional conditions deemed necessary shall be fulfilled
and that the application is in conformity with the spirit and intent
of this chapter, it shall direct the Zoning Officer of issue zoning
approval for such special exception.
5.
Expiration. A special exception approval granted by the Board shall
expire automatically without written notice to the applicant if no
application for a zoning approval, building permit, or grading permit
to undertake the work described in the decision granting the special
exception has been submitted within 12 months of said decision, unless
the Board, in its sole discretion extends the special exception upon
written request of the applicant received prior to its expiration
or unless the Board specifically grants a longer period of time in
its decision. The maximum extension permitted shall be one twelve-month
extension. A special exception granted by the Board prior to the adoption
of this section shall be subject to the provisions of this section;
however, the twelve-month period shall begin with the date of adoption
of this section.
[Ord. 96-267, 5/2/1996]
See Part 7.
[Ord. 96-267, 5/2/1996]
1.
Purpose. To permit a zoning approval for structural alteration or
erection of structures to be issued or conditional use or use by special
exception to be granted within the lines of any street, watercourse
or public ground shown or laid out on the Official Map under certain
circumstances specified in this section.
3.
Application Content. An application for approval of a special encroachment
permit shall include the following:
A.
Seven copies of a plot plan drawn to scale, showing actual dimensions
of the lot, the exact size and location on the lot of any buildings
and structures, the location of the part of the property reserved
by the Official Map, and such other information as may be necessary
to demonstrate that the property, of which the location reserved by
the Official Map is a part, cannot yield a reasonable return to the
owner.
B.
Seven copies of a statement demonstrating that the property, of which
the location reserved by the Official Map is a part, cannot yield
a reasonable return to the owner.
C.
Application fee and review fees established by ordinance or resolution
of the Supervisors to cover the cost of review.
5.
Public Hearing. The Supervisors shall hold a public hearing, notice
for which shall be given as follows:
6.
Action. If the Supervisors determine that the application for special
encroachment permit demonstrates that the property, of which the reserved
location forms a part, cannot yield a reasonable return to the owner
unless a permit shall be granted, the Supervisors shall direct the
Zoning Officer to issue a zoning approval as a special encroachment
permit subject to compliance with all other applicable requirements
of this chapter and the Code. If the Supervisors determine that the
application for a special encroachment permit does not demonstrate
that the property, of which the reserved location forms a part, cannot
yield a reasonable return to the owner unless a permit shall be granted,
the Supervisors shall deny a special encroachment permit.
7.
Appeals from the Supervisors on Special Encroachment Permits. The
Board shall hear and decide appeals where it is alleged by the landowner
that the Supervisors failed to follow prescribed procedures or to
make a proper determination in the denial or a special encroachment
permit.
[Ord. 96-267, 5/2/1996; as amended by Ord. 2002-332, 9/5/2002,
§ 9]
1.
Appeals may be made to the Board by any aggrieved person, firm or
corporation or by any officer or department of the Township affected
by any decision of the Zoning Officer relative to the interpretation
of this chapter. Such appeal shall be made within 30 days from the
date that a notice of violation is delivered to such aggrieved party
by the Zoning Officer in accordance with the requirements of the MPC
by filing with the Zoning Officer and with the Board a notice of appeal
specifying the grounds therefor. The Zoning Officer shall forthwith
transmit to the Board all papers constituting the record upon which
the action was appealed.
2.
The Board shall fix a reasonable time for a public hearing to consider
the appeal in accordance with § 908 of the MPC, 53 P.S.
§ 10908, and give public notice thereof, as well as due
notice to the parties in interest and decide the same within 45 days
after the public hearing is concluded. If no decision is made within
45 days after the public hearing is concluded, it shall be deemed
that the Zoning Hearing Board has decided in favor of the person or
the officer of the Township aggrieved or affected who is seeking relief.
[Ord. 96-267, 5/2/1996; as amended by Ord. 2002-332, 9/5/2002,
§ 10]
1.
General. The regulations and provisions of this chapter may be amended
from time to time, upon recommendation of the Planning Advisory Commission
or the Board, upon the initiation of the Supervisors or upon petition
to the Supervisors. A landowner's curative amendment shall conform
to the requirements for a proposed amendment initiated by petition.[1]
[1]
Editor's Note: Amended at time of readoption of Code.
2.
Enactment of Amendments.
A.
Zoning amendments procedures shall adhere to the requirements of
§ 609 of the MPC, 53 P.S. § 10609.
B.
Public Hearing. The Supervisors shall hold a public hearing on a
proposed amendment pursuant to public notice before voting on enactment
of an amendment. The Supervisors shall by resolution adopted at a
public meeting, fix the time and place of a public hearing on the
proposed amendment and cause public notice to be given. In addition,
if the proposed amendment involves a Zoning Map change, notice of
said public hearing shall be conspicuously posted by the Township
at points deemed sufficient by the Township along 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.
C.
Publication and Advertisement. Proposed amendments shall not be enacted
unless notice of proposed enactment is given in the manner set forth
in this section. The notice of enactment shall include the time and
place of the meeting at which passage will be considered, a reference
to a place within the Township where copies of the proposed amendment
may be examined without charge or obtained for a charge not greater
than the cost thereof. The Supervisors shall publish the proposed
amendment once in one newspaper of general circulation in the Township
not more than 60 days 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
and setting forth all the provisions in reasonable detail. If the
full text is not included:
D.
Planning Advisory Commission Review. In the case of an amendment
other than that prepared by the Planning Advisory Commission, the
Supervisors shall submit each such amendment to the Planning Advisory
Commission at least 30 days prior to the hearing on such proposed
amendment to provide the Planning Advisory Commission an opportunity
to submit recommendations.[2]
[2]
Editor's Note: Amended at time of readoption of Code.
E.
Revised Amendment.
(1)
Additional Public Hearing. 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 Supervisors
shall hold another public hearing, pursuant to public notice, before
proceeding to vote on the amendment.
(2)
Additional Advertisement. In the event substantial amendments
are made in the proposed amendment, before voting upon enactment,
the Supervisors 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.
F.
County Planning Commission Review. At least 30 days prior to the
public hearing on the amendment by the Supervisors, the Supervisors
shall submit the proposed amendment to the County Planning Commission
for recommendations.
G.
Application Content. Proposed amendments initiated by petition of
landowners shall include the following:
H.
Copy of Enacted Amendment. Within 30 days after enactment, a copy
of the amendment shall be forwarded to the County Planning Commission.
3.
Procedure for Landowner Curative Amendments.
A.
Application Content. A landowner who desires to challenge on substantive
grounds the validity of this chapter or the Zoning Map or any provision
of this chapter, which prohibits or restricts the use or development
of land in which he has an interest, may submit an application for
curative amendment and substantive challenge to the validity of this
chapter to the Supervisors. Such application shall include the following:
(1)
All items required for a zoning amendment set forth in Subsection
.2.F.
(2)
A written request that the challenge and proposed amendment
be heard and decided as provided in § 916.1 of the MPC,
53 P.S. § 10916.1, and including the reasons for the challenge.
(3)
Plans and explanatory materials describing the use or development
proposed by the landowner in lieu of the use or development permitted
by the challenged ordinance or map. Such plans or other materials
shall not be required to meet the standards prescribed for preliminary,
tentative, or final approval or for the issuance of a zoning approval,
so long as they provide reasonable notice of the proposed use or development
and a sufficient basis for evaluating the challenged ordinance or
map in light thereof.
(4)
An amendment or amendments to the ordinance proposed by the
landowner to cure the alleged defects in this chapter.
B.
Public Hearing. The Supervisors shall commence a hearing thereon
within 60 days of the request as provided in § 908 of the
MPC, 53 P.S. § 10908, and notice of the hearing shall be
given as provided in Subsection .2, Enactment of Amendments, Subsection
.2.A. The hearing shall be conducted in accordance with §§ 609.1
and 908 of the MPC, 53 P.S. §§ 10609.1, 10908, except
that the deemed approval provisions of § 908 of the MPC
shall not apply.
C.
Legal Representation.
D.
The procedure for landowner curative amendments and substantive challenges
to the validity of this chapter shall be governed by §§ 609.1
and 908 of the MPC, 53 P.S. §§ 10609.1, 10908. The
Supervisors shall render a written decision within 45 days after the
last hearing.
E.
Planning Agencies Reviews. The curative amendment and challenge shall
be referred to the planning agencies as provided in Subsections .2.C
and .2.E of this section.
F.
Copy of Enacted Amendment. Within 30 days after enactment, a copy
of the amendment shall be forwarded to the County Planning Commission.
[Ord. 96-267, 5/2/1996[1]]
The Planning Advisory Commission shall perform all duties as
required by the laws of the Commonwealth of Pennsylvania including,
but not limited to, the following:
A.
The Planning Advisory Commission shall receive from the Zoning Officer
copies of all applications for amendments to this chapter and shall
make findings and recommendations thereon, after which the Commission
shall forward such findings and recommendations, in writing, to the
Supervisors before the date set for a public hearing on the proposed
amendment.
B.
The Planning Advisory Commission shall receive from the Zoning Officer copies of all applications for planned developments and shall make findings and recommendations thereon as set forth in Part 9 of this chapter, after which the Commission shall forward such findings and recommendations, in writing, to the Supervisors before the date set for a public hearing on the proposed planned development.
C.
The Planning Advisory Commission shall receive from the Zoning Officer
all applications for conditional uses and shall make findings and
recommendations and shall forward such written findings and recommendations
to the Supervisors before the date set for a public hearing on the
proposed conditional use.
D.
The Planning Advisory Commission shall, furthermore, initiate, direct,
and review, from time to time, the provisions of this chapter and
make reports of its findings and recommendations to the Supervisors
in writing not less frequently than annually and to recommend and
update of the provisions of the Comprehensive Plan not less frequently
than every 10 years.
[1]
Editor's Note: Amended at time of readoption of Code.
[Ord. 96-267, 5/2/1996]
Under the provisions of this chapter, the Supervisors shall have the duty of considering and adopting or rejecting proposed planned residential developments, conditional uses, special encroachment permits, and amendments to or the repeal of this chapter, as provided by law, and of establishing a schedule of fees and charges as stated in § 27-1116 of this part.
[Ord. 96-267, 5/2/1996]
1.
The Supervisors shall by ordinance or resolution adopt a schedule
of fees, charges and expenses and a collection procedure for zoning
approvals, planned residential development, conditional uses, uses
by special exception, special encroachment permits, variances, zoning
amendments and other matters pertaining to this chapter. The schedule
of fees shall be duly recorded in the ordinance or resolution Book
of the Township and posted in the office of the Zoning Officer. The
schedule of fees and changes may be altered or amended only by ordinance
or resolution adopted by the Supervisors.
2.
No application for any zoning approval, planned development, conditional
use, special encroachment permit, zoning amendment, use by special
exception, variance or other matter shall be considered unless or
until such costs, charges, fees or expenses have been paid in full,
nor shall any action be taken on proceedings before the Board unless
or until the preliminary charges or fees have been paid in full.
3.
The Supervisors may waive or modify fees where unusual circumstances
warrant such relief.
[Ord. 96-267, 5/2/1996; as amended by Ord. 2005-362, 12/15/2005]
1.
Enforcement Penalties. Any person, partnership or corporation who
or which has violated or permitted the violation of the provisions
of any provision 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 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 district judge determining that there has been a violation
further determines that there has been 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 one such violation until the fifth day following
the date of the determination of a violation by the district judge
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs, and reasonable attorney
fees shall be paid over to the Township.
2.
Enforcement Remedies. If any structure or lot is or is proposed to
be erected, constructed, reconstructed or otherwise have any structural
alterations made to it, converted, maintained or used in violation
of this chapter, the Supervisors or, with the approval of the Supervisors,
an officer of the Township, 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 violation.
3.
Nothing herein contained shall prevent the Township from taking such
other lawful action as is necessary to prevent or remedy any violation.
