[Ord. 1944, 11/23/2009]
1.
The provisions of this Chapter shall be administered and enforced
by a Zoning Officer who shall be appointed by the Board of Commissioners.
The Zoning Officer shall hold no elective office in the Township.
The Zoning Officer shall meet the qualifications established by the
Township and shall be able to demonstrate, to the satisfaction of
the Township, a working knowledge of municipal zoning. The Zoning
Officer shall administer and enforce the provisions of 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 that does not
conform to this Chapter.
2.
The Zoning Officer shall have all the powers and duties conferred
upon him by this Chapter and the Pennsylvania Municipalities Planning
Code. The Zoning Officer's duties shall include the following:
A.
Receive and examine all applications for zoning certificates, building
permits and certificates of occupancy.
B.
Notify applicants of any deficiencies in applications and request
additional information.
C.
Process applications for zoning certificates and certificates of
occupancy for all permitted uses.
D.
Receive applications for uses by special exception and variances
and forward these applications to the Zoning Hearing Board for action
prior to considering issuance of zoning certificates or certificates
of occupancy for the proposed use.
E.
Receive applications for conditional uses and forward these applications
to the Planning Commission and Board of Commissioners for recommendation
and action prior to considering issuance of zoning certificates or
certificate of occupancy for the proposed use.
F.
Issue certificates and permits only where there is compliance with
the provisions of this Chapter, with other Township ordinances and
the laws of the Commonwealth.
G.
Issue denials of zoning certificates or certificates of occupancy
and refer any appeal of the denial to the Zoning Hearing Board for
action thereon.
H.
Conduct inspections and surveys to determine compliance or noncompliance
with this Chapter.
I.
Issue notices of violation in accordance with the requirements of
§ 503.2 below.
J.
With the approval of the Board of Commissioners, or when directed
by the Board of Commissioners, institute, in the name of the Township,
any appropriate action or proceeding to prevent unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use; to restrain, correct or abate such violation so as to prevent
the occupancy or use of any building, structure or land; or to prevent
any illegal act, conduct, business or use in or about such premises.
K.
Revoke any order or permit issued under a mistake of fact or contrary
to the law or the provisions of this Chapter.
L.
Record and file all applications for zoning certificates and certificates
of occupancy with accompanying plans and documents, and maintain permanent
files of those applications and certificates as a public record.
M.
Maintain the official Zoning District Map for the Township.
N.
Register nonconforming uses, structures and lots.
O.
Submit a monthly written report to the Board of Commissioners of
all zoning certificates, certificates of occupancy, sign permits,
temporary use permits and all notices of violation and orders issued.
P.
Meet with the Planning Commission no less frequently than quarterly
to advise the Commission regarding potential developments and to discuss
any problems in administering this Chapter and/or recommend amendments
to this Chapter.
[Ord. 1944, 11/23/2009]
502.1.
When Required.
A.
No land use may be established or changed; no structure or building
may be erected, constructed, reconstructed, structurally altered,
enlarged, razed or removed; and no building or structure may be used
or occupied or the use or nonconforming use changed until a Zoning
Certificate has been obtained from the Zoning Officer.
B.
In the case of changes to occupancy of a lot or building which, in
the reasonable judgment of the Zoning Officer, might result in a use
generating over 250 vehicular trips per day, the Zoning Officer shall
require submission of a traffic impact study and compliance with the
requirements of § 310 before any building permit or zoning
certificate is issued. Fifteen copies of the study shall be submitted.
(1)
Upon receipt of such traffic study, the Zoning Officer shall
distribute copies of the study to the Planning Commission, Board of
Commissioners and Township Engineer.
(2)
The Township may retain its own traffic consultant to evaluate
the study.
(3)
The Zoning Officer shall determine whether the traffic study
is complete and accurate and whether all requirements of § 310
are met and shall notify the applicant in writing of his determination
within 90 days after application for a building permit or zoning certificate
is filed.
(4)
No building permit or zoning certificate shall be issued unless
the Zoning Officer determines that the study is complete, accurate
and that the requirements of § 310 are met.
(5)
The requirement to submit a traffic study shall not apply when
the Zoning Officer determines:
C.
In the instances where a Building Permit is required and applied
for, a zoning certificate shall be prerequisite to issuance of the
building permit. In those instances where no building permit is required,
an application for a certificate of occupancy for a new or changed
use of land or structure shall be accompanied by a zoning certificate.
D.
In the case of a conditional use or use by special exception, the
Zoning Officer shall refer the application to the Planning Commission
and Board of Commissioners or to the Zoning Hearing Board, whichever
is applicable, for a decision granting approval of the conditional
use or use by special exception prerequisite to issuing a zoning certificate.
Whenever the approval of a conditional use or use by special exception
includes conditions attached to the approval, said conditions shall
be incorporated automatically into the zoning certificate as if set
forth therein at length.
E.
In the case of a permitted use, the Zoning Officer shall not issue
the zoning certificate unless and until all applicable regulations
of this Chapter have been met and, in the case of a use for which
land development plan approval is required by the Township Subdivision
and Land Development Ordinance, unless and until final approval of
the land development plan has been granted by the Township Planning
Commission. Whenever final approval of a land development plan is
subject to conditions, those conditions shall be incorporated automatically
into the zoning certificate as if set forth therein at length.
502.2.
Application for Zoning Certificate.
A.
All applications for zoning certificates shall be made in writing
by the owner or his authorized agency on a form furnished by the Township
and shall include a statement of the intended use of the building
and a property survey, both prepared in duplicate and drawn to scale,
and copies of all required County, State and/or Federal permits as
approved by the appropriate agency, and shall include the following
information at a minimum:
(1)
All applications for a proposed use that does not involve construction,
alteration or enlargement of a principal or accessory structure shall
include a plot plan showing compliance with any applicable requirements
for the proposed use such as signage, parking, buffer areas and the
like, as well as a narrative describing the proposed use and demonstrating
compliance with all applicable criteria for approval, including, but
not limited to, any express standards and criteria for a conditional
use or use by special exception. The Zoning Officer may, in his/her
judgment, require that a plot plan prepared by a surveyor, engineer,
architect or landscape architect, registered in the Commonwealth,
be provided in instances where the minimum setbacks, lot coverage
or other zoning requirements are at or near the limitations provided
for under the ordinance and/or in instances where the Zoning Officer
has reason to believe that the information presented by the applicant
may be inaccurate and/or incomplete.
(2)
All applications for a zoning certificate for a principal structure
where construction is proposed shall be accompanied by two copies
of a plot plan, drawn to scale, showing: key location map; graphic
scale; North arrow; closest intersecting public road; exact dimensions
and total acreage of the lot(s) or parcel; zoning of lots and zoning
of all abutting properties; exact location and exterior dimensions
of the existing and proposed building(s) or other structure(s); exact
location and area of all existing and proposed watercourses; drainageways,
rights-of-way and easements; exact location of existing and proposed
driveways, streets and roads within, adjacent and opposite to the
lot(s) or parcel; exact location of existing and proposed off-street
parking, loading and pedestrian movement facilities; exact dimensions
of front, side and rear yards for all principal and accessory uses;
and any other additional data as may be deemed necessary and be requested
by the Zoning Officer to determine compliance with this Chapter. The
Zoning Officer may, in his/her judgment require that a plot plan prepared
by a surveyor, engineer, architect or landscape architect, registered
in the Commonwealth, be provided in instances where the minimum setbacks,
lot coverage or other zoning requirements are at or near the limitations
provided for under the ordinance and/or in instances where the Zoning
Officer has reason to believe that the information presented by the
applicant may be inaccurate and/or incomplete.
(3)
All applications for construction, alteration or enlargement
of an accessory structure shall be accompanied by two copies of a
plot plan showing the principal structure, the proposed location of
the accessory structure, setbacks for the accessory structure, its
relationship to the principal structure and all easements and rights-of-way
on the property. The Zoning Officer may, in his/her judgment, require
that a plot plan prepared by a surveyor, engineer, architect or landscape
architect, registered in the Commonwealth, be provided in instances
where the minimum setbacks, lot coverage or other zoning requirements
are at or near the limitations provided for under the ordinance and/or
in instances where the Zoning Officer has reason to believe that the
information presented by the applicant may be inaccurate and/or incomplete.
(4)
The Zoning Officer may require an applicant to furnish a survey
of the property by a Pennsylvania registered land surveyor when complete
and accurate information is not readily available from existing records.
(5)
The Zoning Officer may require additional data to determine
compliance with this Chapter.
B.
It shall be the duty of the Zoning Officer to review the application
to determine if all necessary information has been submitted or request
more information of the applicant and officially receive the application
for review by the appropriate Township agencies.
502.3.
Zoning Certificate. Upon approval of the application for a zoning
certificate, one copy of the approved zoning certificate with the
approved application attached shall be returned to the applicant.
One copy of such zoning certificate shall be kept on file in the Township
Office.
502.4.
Denial of Zoning Certificate. In the event of a denial, the
Zoning Officer shall state in writing the reason(s) for such denial,
including the citation of the specific section(s) of this Chapter
or other pertinent ordinances that have not been met.
502.5.
Inspection. The Zoning Officer, or his duly appointed representative,
may make inspections on the property for which an application for
a zoning certificate has been submitted, issued or completed.
502.6.
Failure to Obtain Zoning Certificate. Failure to obtain a zoning
certificate shall be a violation of this Chapter and shall be subject
to the enforcement remedies of § 503 of this Chapter.
[Ord. 1944, 11/23/2009]
The Township shall enforce this Chapter in accordance with applicable
procedures set forth in the Pennsylvania Municipalities Planning Code.[1] The Township may pursue any and all enforcement remedies
and/or causes of action for violation of this Chapter to the full
extent authorized under the Pennsylvania Municipalities Planning Code
or other applicable law.
503.1.
Violations. Failure to comply with any provisions of this Chapter;
failure to secure a zoning certificate prior to the erection, construction,
extension, structural alteration, addition or occupancy of a building
or structure; or failure to secure a certificate of occupancy for
the use or change of use or occupancy of structures or land, shall
be a violation of this Chapter.
503.2.
Enforcement Notice. The enforcement notice shall contain the
following information:
A.
The name of the owner of record and any other person against whom
the Township intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements that
have not been met, citing in each instance the applicable provisions
of this Chapter.
D.
The date before which steps for compliance must be commenced and
the date before which the steps must be completed.
E.
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within 30 days in accordance with the procedures set
forth in this Chapter, except that this period may be reduced to 10
days in cases where the violation poses an immediate threat to the
public health, safety and welfare.
F.
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
503.3.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500, plus
all court costs, including reasonable attorney fees incurred by the
Township as a result thereof. No judgment shall commence or be imposed,
levied or be payable until the date of the determination of a violation
by the District Justice. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure.
B.
Each day that a violation continues shall constitute a separate violation,
unless the District Justice, determining that there has been a violation,
further determines that there was a good faith basis for the person,
partnership or corporation violating this Chapter to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the District Justice
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorney
fees collected for the violation of this Chapter shall be paid over
to the Township.
C.
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.
D.
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.
503.4.
Causes of Action. In case any building, structure, landscaping
or land is or is proposed to be erected, constructed, reconstructed,
structurally altered, repaired, converted or maintained or any building
or structure or land is used in violation of this Chapter or of any
other ordinance or regulation made under authority conferred hereby,
the Board of Commissioners or, with approval of the Board of Commissioners,
the Zoning Officer or other proper official, 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 unlawful erection, construction,
reconstruction, structural alteration, repair, conversion, maintenance
or use; to prevent the occupancy of any building, structure or land;
or to prevent any illegal act, conduct, business or use that constitutes
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 when the action is begun by serving
a copy of the complaint on the Board of Commissioners. No such action
may be maintained until such notice has been given.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 1944, 11/23/2009]
504.1.
When Required. A certificate of occupancy indicating compliance
with the provisions of this Chapter shall be required prior to:
A.
Occupancy of any structure following completion of construction,
reconstruction or enlargement of the structure governed by an approved
building permit.
B.
Occupancy of any land or structure for which a building permit is
not required.
C.
A change in the use of an existing building, structure, water body
or land area.
D.
A change of a nonconforming use, building or structure authorized
by the Zoning Hearing Board.
504.2.
Application for Certificate of Occupancy. All requests for a
certificate of occupancy shall be made in writing, on a form furnished
by the Township, completed by the owner, or other authorized agent,
and shall include a statement that the use and/or construction authorized
by the approved zoning certificate has been completed in compliance
with all applicable requirements.
A.
It shall be the duty of the Zoning Officer to review the application
to determine if all necessary information has been submitted, to request
more information of the applicant and officially receive the application.
504.3.
Issuance of Certificate of Occupancy.
A.
Applications for a certificate of occupancy shall be reviewed by
the Zoning Officer. The Zoning Officer shall either issue findings
as a basis for denial or shall approve the application.
B.
Upon approval of the request for a certificate of occupancy, one
copy of the certificate of occupancy shall be given to the applicant,
and one copy of the certificate of occupancy shall be kept on file
in the Township Office.
504.4.
Denial of Certificate of Occupancy. In the event of denial,
the Zoning Officer shall forward to the applicant, a written statement
containing the reason(s) for such denial and shall cite the specific
requirements of this Chapter that have not been met.
504.5.
Time Limitations. A certificate of occupancy shall remain valid
for as long as the structure, building, water body or land area is
used in the manner for which the certificate of occupancy has been
issued.
504.6.
Temporary Certificate of Occupancy. A temporary certificate
of occupancy may be issued by the Zoning Officer for a period not
exceeding six months to permit partial occupancy of a building, structure,
water body or land area while work is being completed, provided such
temporary certificate of occupancy may require such conditions and
safeguards as may be warranted, including posting of surety, to protect
the health and safety of the occupants and the public and guarantee
compliance with the provisions of this Chapter or any conditions attached
to the zoning certificate.
504.7.
Failure to Obtain a Certificate of Occupancy. Failure to obtain
a certificate of occupancy shall be a violation of this Chapter and
shall be subject to enforcement remedies as provided in § 503
of this Chapter.
[Ord. 1944, 11/23/2009]
505.1.
When Required. A temporary use permit shall be required prior
to the initiation of a permitted temporary use of a structure, land
or water body and shall meet the following requirements.
A.
Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail business with the permission of the landowner for a period of not more than 72 consecutive hours shall be exempt from obtaining a temporary use permit. Any such activity that exceeds 72 consecutive hours in duration shall be subject to approval by the Zoning Officer of a temporary use permit and this Section, provided the Zoning Officer determines compliance with all applicable standards of Subsection D below.
B.
Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization and seasonal agricultural activities shall be subject to approval of a temporary use permit, provided the Zoning Officer determines compliance with the standards of Subsection D below, as a condition precedent to obtaining the temporary use permit under this Section.
C.
Temporary construction trailers, model homes or sales offices shall
be subject to approval of a temporary use permit by the Zoning Officer
under this Section.
D.
All other temporary uses shall be subject to a determination by the
Zoning Officer that all of the following criteria are met as a condition
precedent to obtaining a temporary use permit under this Section:
(1)
A transient merchant license, if required by Township ordinance,
shall be obtained.
(2)
The proposed temporary use or structure shall be limited to
those uses or structures otherwise authorized in the zoning district.
(3)
In the B-1 and V Districts, preparation and/or serving of food
in an outdoor setting for a period of more than 72 consecutive hours
shall be permitted only if all of the following requirements are met:
(a)
Evidence of an approved permit from the Pennsylvania Department
of Agriculture, Bureau of Food Safety and Laboratory Services or its
successor agency.
(b)
The preparation and serving of food shall not be permitted on
any vacant lot and shall only be permitted on the site of an existing
business.
(c)
The area used for preparing and serving the food shall not obstruct
any sidewalk or public rights-of-way nor shall it obstruct the free
flow of pedestrian or vehicular traffic on the site or adjoining the
site. On any sidewalk, there shall be maintained a minimum of five
feet unobstructed width for the passage of pedestrians and, in the
case where there is parallel parking permitted along such sidewalk,
a minimum of four feet adjacent to the curb to permit the discharging
of passengers shall be provided. These required unobstructed areas
on the sidewalk may be combined into one area at least five feet wide
along the curb.
(d)
No noise or odor shall emanate from such outdoor area where
food is prepared and/or served that adversely affects any adjoining
residentially zoned property within 300 feet of the outdoor area.
(e)
The area used for preparing and serving food shall not eliminate
the availability of the minimum required number of parking spaces
on the site.
(f)
The activity shall comply with all applicable Township codes
and ordinances.
(g)
The site intended to be used for the preparation and/or serving
of food shall provide restroom facilities available to the public,
unless the existing business on the site has restroom facilities that
will be available to the public visiting the temporary use.
(h)
The owner of the existing business or the operator of the temporary
use involving the preparation and/or serving of food in an outdoor
setting shall provide the Township with a certificate of insurance,
in an amount at least equal to $1,000,000 per occurrence and $1,000,000
aggregate, indemnifying the Township against any liability resulting
from such use.
(4)
Approval of temporary uses or structures shall be granted for
a specific time period not to exceed six months. If continued need
for the temporary use or structure on an annual basis is demonstrated
by the applicant, approval may be granted for annual renewal by the
Zoning Officer of the permit for the temporary use or structure, provided
all conditions of the original approval are maintained.
(5)
All temporary uses or structures shall be removed within 10
days of the expiration of the specific period for which the structure
or use is approved.
(6)
All temporary uses or structures that are proposed to be accessible
to the public shall provide off-street parking in accordance with
the requirements of this Chapter for the proposed use if parking is
not already available on the site.
(7)
Existing parking on the site may be used for the temporary use,
provided it does not reduce the available parking on the site by more
than 10%.
(8)
Vehicular access for all temporary uses or structures that are
proposed to be accessible to the public shall be designed to minimize
congestion on the lot and not impede the free flow of traffic for
any other permanent use or structure on the lot.
(9)
All temporary uses or structures proposed to be used as principal
uses or structures shall comply with all area and bulk regulations
of the zoning district in which they are located. All temporary uses
or structures that are proposed to be used as accessory uses or structures
shall comply with the requirements of the zoning district for accessory
structures.
(10)
Temporary uses or structures that are authorized for a particular
event shall be removed within 48 hours after the completion of the
event.
(11)
Temporary uses or structures that are proposed as principal
uses or structures and that are accessible to the public shall provide
sanitary facilities, unless such facilities already exist on the lot.
E.
Where any doubt arises as to compliance with these criteria, the
Zoning Officer shall refer the application to the Zoning Hearing Board
for consideration as a use by special exception.
505.2.
Application for Temporary Use Permit. All requests for temporary
use permits shall be made in writing on a form furnished by the Township
and shall include a full description of the type of use for which
such permit is being sought and the dates during which this use is
proposed to be in existence.
A.
It shall be the duty of the Zoning Officer to review the application
for compliance, request more information of the applicant and officially
receive the application.
C.
All applications for a temporary use permit shall include a written
statement describing the proposed use and demonstrating compliance
with the applicable criteria of § 505.1D.
505.3.
Issuance of Permit.
A.
Applications for a temporary use permit shall be reviewed by the
Zoning Officer. The Zoning Officer shall either issue findings as
a basis for denial or shall approve the temporary use permit.
B.
Upon approval of the application for a temporary use permit, one
copy of the permit shall be given to the applicant. The copy of the
permit must be publicly displayed at the site of the temporary use
during the existence of the use. One copy of the permit shall be kept
on file in the Township Office.
505.4.
Denial of Permit. In the event of denial, the Zoning Officer
shall forward to the applicant a written statement containing the
reason(s) for such denial and shall cite the specific requirements
of this Chapter that have not been met.
505.5.
Time Limitations. Temporary use permits are valid for the time
period(s) specified in the approval. Annual renewal may be granted
subject to the Zoning Officer's determination that there is continuing
compliance with § 505.1.
505.6.
Inspections.
A.
The Zoning Officer, or his fully appointed representative, may make
an inspection of the property on which such temporary use is to be
located to determine the suitability of the site for the use. This
inspection shall be made prior to issuing a permit, prior to initiation
of the use or in the event a renewal of the permit is requested, during
the time the use is in existence.
B.
In the event of such inspection, a record shall be made indicating
the time and date of inspection; the findings of the Zoning Officer
in regard to conformance with this Chapter and other Township ordinances;
and the opinion of the Zoning Officer in regard to the suitability
of the site for this use.
505.7.
Failure to Obtain a Temporary Use Permit. Failure to obtain
a temporary use permit shall be a violation of this Chapter and shall
be subject to enforcement remedies as provided in § 503
of this Chapter.
[Ord. 1944, 11/23/2009]
506.1.
When Required. A sign permit shall be required prior to the
erection or structural alteration of any sign, either permanent or
temporary, except that no sign permit shall be required for real estate
signs, residential identification signs, contractor signs, window
signs, public signs or notification signs. It shall be unlawful for
any person to commence work for the erection or alteration of any
sign until a permit has been issued.
506.2.
Application for Permit. All requests for sign permits shall
be made in writing on a form furnished by the Township and shall include
a full description of the proposed sign, a description of the lot
upon which such proposed sign is to be located and a description of
any other existing signs on the same lot.
A.
All applications for a sign permit shall be accompanied by two copies
of a drawing showing: width of sign; height of sign; gross surface
area of sign; total height of sign above adjacent ground level; clearance
between bottommost part of sign and ground level; and, for freestanding
signs, the distance between the front edge of the sign and adjacent
street rights-of-way and the distance between the side or rear edge
of the sign and the side or rear property line; the proposed message;
construction specifications; the type of foundation, structural integrity
and ability to withstand wind loads; the form of illumination proposed,
if any; and compliance with any other requirements of this Chapter.
B.
It shall be the duty of the Zoning Officer to review the application
for completeness and compliance, request more information of the applicant
or officially receive the application for the sign.
D.
In the case of new construction of a multitenant development site,
it shall be the responsibility of the developer to submit an application
for a sign package that includes any monument signs, pole signs or
ground signs proposed for the site, as well as any on-premises directional
signs. Individual businesses shall apply for permits for any wall
signs proposed for their buildings and, in the case of outparcels,
any freestanding signs proposed.
506.3.
Issuance of Permit.
A.
Applications for a sign permit shall be reviewed by the Zoning Officer.
The Zoning Officer shall either issue findings as a basis for denial
or shall approve the application.
B.
Upon approval of the sign permit, one copy of the permit shall be
given to the applicant, and one copy of the permit shall be kept on
file in the Township Office.
506.4.
Denial of Permit. In the event of denial, the Zoning Officer
shall forward to the applicant a written statement containing the
reason(s) for such denial and shall cite the specific requirements
of this Chapter that have not been met.
506.5.
Inspections. For a sign permit, the Zoning Officer, or his fully
appointed representative, may make the following inspections on property
which the permanent sign is to be located: prior to installation of
the sign; following installation of the sign; occasionally to determine
continued maintenance and compliance with this Chapter; in response
to any written complaint; whenever the sign is proposed to be replaced
or modified; and upon cessation of the use for which the sign was
erected.
506.6.
Failure to Obtain a Sign Permit. Failure to obtain a sign permit
shall be a violation of this Chapter and shall be subject to enforcement
remedies as provided in this Chapter.
[Ord. 1944, 11/23/2009]
The Board of Commissioners may introduce and/or consider amendments
to this Chapter and to the Zoning District Map. In addition, the Board
of Commissioners may consider amendments to this Chapter and to the
Zoning District Map that are proposed by the Planning Commission or
by a petition of landowners of property within the Township.
507.1.
Petitions. Petitions for amendments by landowners shall be filed
with the Planning Commission at least 20 calendar days prior to the
meeting at which the petition is to be heard. In the case of a petition
for reclassification of property, the petitioners, upon such filing,
shall submit a legal description of the property proposed to be rezoned.
All petitions shall include a statement justifying the request and
documenting consistency with the Township's Comprehensive Plan
and a filing fee, in accordance with the fee schedule fixed by resolution
of the Board of Commissioners. The Planning Commission shall review
the proposed amendment and report its findings and recommendations
in writing to the Board of Commissioners.
507.2.
Referral. Any proposed amendment presented to the Board of Commissioners
without written findings and recommendations from the Township Planning
Commission and the Allegheny County Department of Economic Development
(ACED) shall be referred to these agencies for review at least 30
days prior to the public hearing of the Board of Commissioners. The
Board of Commissioners shall not hold a public hearing upon such amendments
until the required reviews are received or the expiration of 30 days
from the date of referral, whichever comes first.
507.3.
Posting of Property. If the proposed amendment involves a change
to the Zoning District Map, notice of the public hearing shall be
conspicuously posted by the Township at points deemed sufficient by
the Township along the tract to notify potentially interested citizens
at least seven days prior to the date of the public hearing.
507.4.
Mailing of Notices. In addition to posting the property, if
the proposed amendment involves a change to the Zoning District Map,
notice of the public hearing shall be mailed by the Township at least
30 days prior to the date of the hearing, by first class mail, to
the addresses to which real estate tax bills are sent for all real
property located within the area being rezoned, as evidenced by tax
records within the possession of the Township. The notice shall include
the location, date and time of the public hearing. A good faith effort
and substantial compliance shall satisfy the requirements of this
Subsection. This Subsection shall not apply when the rezoning constitutes
a comprehensive rezoning.
507.5.
Public Notice and Public Hearing. Before acting on a proposed
amendment, the Board of Commissioners shall hold a public hearing
thereon. Public notice, as defined by this Chapter, shall be given
containing a brief summary of the proposed amendment and reference
to the place where copies of the same may be examined.
507.6.
Readvertisement. If after any public hearing is held upon a
proposed amendment, the amendment is substantially changed or revised
to include land not previously affected by the amendment, the Board
of Commissioners shall hold another public hearing, pursuant to public
notice, before proceeding to vote on the amendment.
507.7.
Publication, Advertisement and Availability.
A.
Proposed amendments shall not be enacted unless the Board of Commissioners
gives notice of the proposed enactment, including the time and place
of the meeting at which passage will be considered and a reference
to the place in the Township where copies of the proposed amendment
may be examined without charge or obtained for a charge not greater
than the cost thereof.
B.
The Board of Commissioners shall publish the proposed amendment once
in a newspaper of general circulation in the Township not more than
60 nor less than seven days prior to passage. Publication of the proposed
amendment shall include either the full text thereof or the title
and a brief summary prepared by the Township Solicitor setting forth
all the provisions in reasonable detail. If the full text is not included:
507.8.
Action. In the case of proposed adoption of a completely revised
Zoning Ordinance, within 90 days of the date when the public hearing
on the proposed ordinance is officially closed, the Board of Commissioners
shall vote on the proposed ordinance. In the event substantial amendments
are made in the proposed ordinance or amendment, the Board of Commissioners
shall readvertise in one newspaper of general circulation in the Township
a brief summary of the ordinance or amendments at least 10 days prior
to enactment.
507.9.
Filing Amendment with County Planning Agency. Within 30 days
after enactment, a copy of the amendment to this Chapter shall be
forwarded to the Allegheny County Department of Economic Development,
the County's designated planning agency.
507.10.
Mediation Option. The Board of Commissioners may offer the mediation
option as an aid in completing proceedings authorized by this Section.
The Township and the mediating parties shall meet the stipulations
and follow the procedures set forth in Article IX of the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
[Ord. 1944, 11/23/2009]
1.
A landowner who desires to challenge on substantive grounds the validity
of this Chapter or any provision thereof, which prohibits or restricts
the use or development of land in which he has an interest may submit
a curative amendment to the Board of Township Commissioners with a
written request that his challenge and proposed amendment be heard
and decided as provided in Section 916.1 of the Pennsylvania Municipalities
Planning Code (MPC). The Board of Township Commissioners shall commence
a hearing thereon within 60 days of the request as provided in Section
916.1 of the MPC. The curative amendment and challenge shall be referred
to the planning agency or agencies as provided in Section 609 of the
MPC and notice of the hearing thereon shall be given as provided in
Section 610 of the MPC and in Section 916.1 of the MPC.
2.
The hearing shall be conducted in accordance with Section 908 of
the MPC and all references therein to the Zoning Hearing Board shall,
for the purposes of this Section, be references to the Township Board
of Commissioners; provided, however, that the provisions of Section
908 (1.2) and (9) of the MPC shall not apply and the provisions of
Section 916.1 of the MPC shall control. If the Township does 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 ordinance and map, but only for those provisions
which specifically relate to the landowner's curative amendment
and challenge.
3.
If the Board of Township Commissioners determines that a validity
challenge has merit, it may accept a landowner's curative amendment,
with or without revision, or may adopt an alternative amendment which
will cure the challenged defects. The Township Board of Commissioners
shall consider the curative amendments, plans and explanatory material
submitted by the landowner and shall also consider:
A.
The impact of the proposal upon roads, sewer facilities, water supplies,
schools and other public service facilities.
B.
If the proposal is for a residential use, the impact of the proposal
upon regional housing needs and the effectiveness of the proposal
in providing housing units of a type actually available to and affordable
by classes of persons otherwise unlawfully excluded by the challenged
provisions of the ordinance 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.
E.
The impact of the proposal on the preservation of agriculture and
other land uses which are essential to public health and welfare.
[Ord. 1944, 11/23/2009]
If the Township of Harrison determines that its Zoning Ordinance
or any portion thereof is substantially invalid, it shall take the
following actions:
1.
The Township may declare, by formal action, its Zoning Ordinance
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 Board of Township Commissioners
shall:
2.
Within 180 days from the date of the declaration and proposal, the
Township shall enact a curative amendment to validate, or reaffirm
the validity of, its Zoning Ordinance pursuant to the provisions required
by Section 609 of the MPC in order to cure the declared invalidity
of the Zoning Ordinance.
3.
Upon the initiation of the procedures, as set forth in Subsection 1, the Board of Commissioners shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the MPC nor shall the Zoning Hearing Board be required to give a report requested under Section 909.1 or 916.1 of the MPC subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection 1A. Upon completion of the procedures as set forth in Subsections 1 and 2, no rights to a cure pursuant to the provisions of Sections 609.1 and 916.1 of the MPC shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which there has been a curative amendment pursuant to this Section.
4.
If the Township utilizes the procedures as set forth in Subsections 1 and 2, it may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of its Zoning Ordinance, pursuant to Subsection 2; provided, however, if after the date of declaration and proposal there is substantially new duty or obligation imposed upon the Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Township may utilize the provisions of this Section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.
[Ord. 1944, 11/23/2009]
510.1.
Membership. The membership of the Zoning Hearing Board shall
consist of three residents of the Township appointed by the Board
of Commissioners. Their terms of office shall be three years and shall
be so fixed that the term of office of one member shall expire each
year. The Zoning Hearing Board shall promptly notify the Board of
Commissioners when vacancies 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 elected or appointed office
in the Township, nor shall any member be an employee of the Township.
A.
Appointment of Alternate Members. The Board of Commissioners may
appoint by resolution at least one, but no more than three, residents
of the Township to serve as alternate members of the Zoning Hearing
Board. The term of office of an alternate member shall be three years.
When seated pursuant to the provisions of § 510.1B, an alternate
shall be entitled to participate in all proceedings and discussions
of the Zoning Hearing Board to the same and full extent as provided
by law for Zoning Hearing Board members, including specifically the
right to cast a vote as a voting member during the proceedings, and
shall have all the power and duties set forth in this Chapter and
as otherwise provided by law. Alternates shall hold no other elected
or appointed office in the Township, including service as a member
of the Planning Commission or as Zoning Officer, nor shall any alternate
be an employee of the Township. Any alternate may participate in any
proceeding or discussion of the Zoning Hearing Board but shall not
be entitled to vote as a member of the Zoning Hearing Board unless
designated as a voting alternate member pursuant to § 510.1B
of this Chapter.
B.
Participation by Alternate Members. The Chairman of the Zoning Hearing
Board may designate alternate members of the Board to replace any
absent or disqualified members and if, by reason of absence or disqualification
of a member, a quorum is not reached, the Chairman of the Zoning Hearing
Board shall designate as many alternate members of the Zoning Hearing
Board to sit on the Zoning Hearing Board as may be needed to reach
a quorum. Any alternate member of the Zoning Hearing Board shall continue
to serve on the Zoning Hearing Board in all proceedings involving
the matter or case for which the alternate was initially appointed
until the Zoning Hearing Board has made a final determination of the
matter or case. Designation of an alternate pursuant to this Subsection
shall be made on a case-by-case basis in rotation according to declining
seniority among all alternates.
C.
Removal of Members. Any Zoning Hearing Board member may be removed
for malfeasance, misfeasance or nonfeasance in the office, or for
other just cause, by a majority vote of the Board of Commissioners
taken after the member has received 15 days' advance notice of
the intent to take such vote. A hearing shall be held in connection
with the vote if the member shall request it in writing.
510.2.
Organization of the Zoning Hearing Board.
A.
Officers. The Zoning Hearing Board shall elect from its own membership
its officers, who shall serve annual terms as such and may succeed
themselves.
B.
Quorum. For the conduct of any hearing and the taking of any action,
a quorum shall be not less than a majority of all members of the Zoning
Hearing Board except when member(s) of the Zoning Hearing Board are
disqualified to act in a particular matter, alternate members shall
be appointed to provide a quorum.
C.
Hearing Officer. The Zoning Hearing Board may appoint a hearing officer
from its own membership to conduct any hearing on its behalf, and
the parties may waive further action by the Zoning Hearing Board and
accept the findings or decision of the hearing officer as final.
D.
Procedures. The Zoning Hearing Board may make, alter and rescind
rules and forms for its procedure, consistent with ordinances of the
Township and laws of the Commonwealth of Pennsylvania.
E.
Files and Annual Report. The Zoning Hearing Board shall keep full
public records of its business, and shall submit a report of its activities
to the Board of Commissioners once a year.
510.3.
Jurisdiction of the Zoning Hearing Board. The Zoning Hearing
Board shall have exclusive jurisdiction to hear and render final adjudication
in the following matters:
A.
Substantive challenges to the validity of any land use ordinance,
except curative amendments brought before the Board of Commissioners.
B.
Challenges to the validity of a land use ordinance raising procedural
questions or alleged defects in the process of enactment or adoption
which challenges shall be raised by an appeal taken within 30 days
after the effective date of the ordinance.
C.
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.
D.
Appeals from a determination by the Township Engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance.
E.
Applications for variances from the terms of this Chapter and flood
hazard ordinance or such provisions within a land use ordinance.
F.
Applications for uses by special exception under this Chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 303 and Part 4 of this Chapter.
G.
Appeals from the Zoning Officer's determination under Section
916.2 of the Pennsylvania Municipalities Planning Code (Act 247, as
amended).
H.
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
subdivision and land development or planned residential development.
510.4.
Variances. The Zoning Hearing Board, upon appeal, shall have
the power to authorize variances from the requirements of this Chapter
and to attach such conditions to the variance as it deems necessary
to assure compliance with the purposes of this Chapter. A variance
may be granted if all of the following findings are made 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
necessary to afford relief and will represent the least modification
possible of the regulation in issue.
510.5.
Uses by Special Exception. The Zoning Hearing Board shall have the power to hear and decide on applications for uses by special exception as authorized by this Chapter, in harmony with its general purpose and intent, and in accordance with the standards set forth in Part 4. The Zoning Hearing Board shall approve a use by special exception only if it meets all applicable requirements of this Chapter and the express standards and criteria set forth in Part 4. In granting a use by special exception, the Zoning Hearing Board may attach such reasonable safeguards, in addition to those expressed in this Chapter, as it may deem necessary to properly implement this Chapter and protect the public health, safety and welfare.
510.6.
Notice and Conduct of Hearings.
A.
Notice.
(1)
Written notice of a Zoning Hearing Board hearing shall be given
to the public, the applicant, the Zoning Officer, the Board of Commissioners,
the Planning Commission and to any person who has made timely request
for the same. A notice of the hearing shall be given to other persons
at such a time and in such manner as the Board of Commissioners or
the Zoning Hearing Board shall designate.
(2)
Public notice, as defined in the Pennsylvania Municipalities
Planning Code, shall be given for the public hearing. In addition,
written notice of said hearing shall be conspicuously posted on the
affected tract of land at least one week prior to the public hearing.
(3)
In addition, at least 14 days prior to the public hearing, written
notices shall be sent by first class mail to the addresses to which
real estate tax bills are sent for all real property located within
300 feet of the property line boundaries of the property for which
the appeal is filed, including properties across any street rights-of-way.
The names and addresses shall be provided by the appellant.
B.
Conduct of Hearing. The Zoning Hearing Board shall conduct hearings
in accordance with the following requirements:
(1)
The first hearing shall be commenced within 60 days from the
date of the applicant's request, unless the applicant has agreed
in writing to an extension of time.
(2)
Each subsequent hearing before the Board or hearing officer
shall be held within 45 days of the prior hearing, unless otherwise
agreed to by the applicant in writing or on the record. An applicant
shall complete the presentation of his case-in-chief within 100 days
of the first hearing. Upon the request of the applicant, the Board
or hearing officer shall assure that the applicant receives at least
seven hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing held after the completion of the applicant's case-in-chief.
And the applicant may, upon request, be granted additional hearings
to complete his case-in-chief, provided the persons opposed to the
application are granted an equal number of additional hearings. Persons
opposed to the application may, upon the written consent or consent
on the record by the applicant and the Township, be granted additional
hearings to complete their opposition to the application, provided
the applicant is granted an equal number of additional hearings for
rebuttal.
(3)
The hearings shall be conducted by the Zoning Hearing Board
or the Zoning Hearing 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 Zoning Hearing 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
Zoning Hearing Board and accept the decision or findings of the hearing
officer as final.
(4)
The parties to the hearing shall be the Township, any person
affected by the application who has made timely appearance of record
before the Zoning Hearing Board, and any other person including civic
or community organizations permitted to appear by the Zoning Hearing
Board. The Zoning Hearing Board shall have power to require that all
persons who wish to be considered parties enter appearances in writing
on forms provided by the Zoning Hearing Board for that purpose.
(5)
The Chairman or Acting Chairman of the Zoning Hearing 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.
(6)
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.
(7)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(8)
The Zoning Hearing Board or the hearing officer, as the case
may be, shall keep a stenographic record of the proceedings. Fees
for the stenographer and transcript are governed by § 510.9B
of this Chapter.
(9)
The Zoning Hearing 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.
(10)
The Zoning Hearing 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 Zoning Hearing Board or hearing officer.
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 any ordinance, rule or regulation 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. If the hearing is conducted
by a hearing officer, and there has been no stipulation that his decision
or findings are final, the Zoning Hearing 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 Zoning Hearing Board prior to final decision or entry of findings,
and the Zoning Hearing Board's decision shall be entered no later
than 30 days after the report of the hearing officer.
510.7.
Failure To Render a Decision.
A.
Where the Zoning Hearing Board fails to render a decision within
the required forty-five-day period or fails to commence or complete
the required hearing as provided in § 510.6B(1) and (2),
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.
B.
When a decision has been rendered in favor of the applicant because
of failure of the Zoning Hearing Board to meet or render a decision,
the Zoning Hearing Board shall give public notice of the decision
within 10 days from the last day it could have met to render a decision
in the same manner as provided in § 510.6A. If the Zoning
Hearing Board shall fail to provide such notice, the applicant may
do so. Nothing in this Section shall prejudice the right of any party
opposing the application to appeal the decision to the Court of Common
Pleas.
510.8.
Mediation.
A.
Parties to proceedings authorized in this Section may utilize mediation
as an aid in completing such proceedings. In proceedings before the
Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate
mediation or participate as a mediating party. Mediation shall supplement,
not replace, those procedures in this Section once they have been
formally initiated. Nothing in this Subsection shall be interpreted
as expanding or limiting municipal police powers or as modifying any
principles of substantive law.
B.
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. The municipality, in
offering the mediation option, shall assure that in each case, the
mediating parties, assisted by the mediator as appropriate, develop
terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have a working
knowledge of municipal zoning and subdivision procedures and demonstrated
skills in mediation.
(3)
Completing mediation, including time limits for such completion.
(4)
Suspending time limits otherwise authorized in this Chapter
or in the Pennsylvania Municipalities Planning Code (Act 247, as amended),
provided there is written consent by the mediating parties, and by
an applicant or Township decisionmaking body, if either is not a party
to the mediation.
(5)
Identifying all parties and affording them the opportunity to
participate.
(6)
Subject to legal restraints, determining whether some or all
of the mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by
the parties and become subject to review and approval by the appropriate
decisionmaking body pursuant to the authorized procedures set forth
in this Chapter.
C.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
510.9.
Fees and Expenditures.
A.
Fees. The Board of Commissioners may prescribe reasonable fees with
respect to hearings before the Zoning Hearing Board. Fees for said
hearings may include compensation for the Secretary and members of
the Zoning Hearing Board, notice and advertising costs and necessary
administrative overhead connected with the hearing. The costs, however,
shall not include legal expenses of the Zoning Hearing Board, expenses
for engineering, architectural or other technical consultants or expert
witness costs.
B.
Stenographer's Appearance Fee and Transcripts. The appearance
fee for a stenographer shall be shared equally by the applicant and
the Zoning Hearing Board. The cost of the original transcript shall
be paid by the Zoning Hearing Board if the transcript is ordered by
the Zoning Hearing Board or hearing officer or shall be paid by the
person appealing from the decision of the Zoning Hearing 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.
C.
Expenditures. Members of the Zoning Hearing Board may receive compensation
for the performance of their duties as may be fixed by the Board of
Commissioners, but in no case shall it exceed the rate of compensation
authorized to be paid to the members of the Board of Commissioners.
Within the limits of funds appropriated by the Board of Commissioners,
the Zoning Hearing Board may employ or contract for secretaries, clerks,
legal counsel, consultants and other technical services.
510.10.
Time Limitations.
A.
No person shall file any proceeding before the Zoning Hearing Board
later than 30 days after a preliminary or final application for development
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.
B.
The failure of anyone, other than the landowner, to appeal from an
adverse decision on an application for tentative approval of a planned
residential development or from an adverse decision by a Zoning Officer
on a challenge to the validity of an ordinance or map filed pursuant
to Section 916.2 of the Pennsylvania Municipalities Planning Code
shall preclude an appeal from a final approval except in the case
where the final submission substantially deviates from the approved
tentative approval.
C.
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued.
510.11.
Stay of Proceedings.
A.
Upon filing of any proceeding 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 Zoning Hearing 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 that 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 the zoning
appeals to order such persons to post bond as a condition to continuing
the proceedings before the Zoning Hearing Board. The question whether
or not such petition should be granted and the amount of the bond
shall be within the sound discretion of the court.
B.
All appeals from decisions rendered by the Zoning Hearing Board shall
be taken to the Allegheny County Court of Common Pleas and shall be
filed within 30 days after the entry of the decision or, in the case
of a deemed decision, within 30 days after the date upon which notice
of said deemed decision is given as required by Subsection 908(9)
of the Pennsylvania Municipalities Planning Code (Act 247, as amended).
[Ord. 1944, 11/23/2009]
1.
Persons with a claim for reasonable accommodation under the Fair
Housing Amendments Act or the Americans with Disabilities Act shall
submit their request in writing to the Zoning Officer on an application
form which shall require that the following information that may be
reasonably needed to process the request, be provided:
A.
Specific citation of the Zoning Ordinance provision from which reasonable
accommodation is requested.
B.
The name and address of the applicants.
C.
The specific description of the reasonable accommodation sought and
the particulars, including exact admonitions of any proposed structural
or locational accommodation.
D.
The condition of the applicants for which reasonable accommodation
is sought.
E.
A description of the hardship, if any, that the applicants will incur
absent provision of the reasonable accommodation requested.
F.
A description of any alternative methods of relieving the claimed
hardship that have been considered and the reason, if any, why applicants
have rejected such alternatives.
G.
A statement describing why the requested accommodation is necessary
to afford the applicants an opportunity equal to a nonhandicapped
or nondisabled person to use and enjoy the dwelling in question.
H.
A description of the manner in which the accommodation, if granted,
will be terminated or removed if no longer required to afford equal
housing opportunity to handicapped or disabled persons.
I.
A statement of any facts indicating whether or not nonhandicapped
or nondisabled persons would be permitted to utilize the property
in question in a manner similar sought by applicants.
2.
The Zoning Officer may hold any meetings and/or hearing necessary
in his discretion to elicit information or argument pertinent to the
request for accommodation.
3.
The Zoning Officer's decision shall be in writing and shall
state the reasons for the decision.
4.
The Zoning Officer shall issue his written decision to the applicants
and the Township within 30 days of the filing of the request for accommodation.
5.
A request for reasonable accommodation should be directed in the
first instance to the Zoning Officer. In considering a request for
reasonable accommodation, the Zoning Officer shall, with the advice
of the counsel of the Township Solicitor, apply the following criteria:
A.
Whether the applicants are handicapped or disabled within the meaning
of the Federal Fair Housing Act Amendments or the Americans with Disabilities
Act.
B.
The degree to which the accommodation sought is related to the handicap
or disability of the applicants.
C.
A description of the hardship, if any, that the applicants will incur
absent provision of the reasonable accommodation requested.
D.
The extent to which the requested accommodation is necessary to afford
the applicants an opportunity equal to a nonhandicapped or nondisabled
person to use and enjoy the dwelling in question.
E.
The extent to which the proposed accommodation may impact other property
owners in the immediate vicinity.
F.
The extent to which the requested accommodation may be consistent
with or contrary to the zoning purposes promoted by the Zoning Ordinance,
the Comprehensive Plan, and the community development objectives set
forth in the Zoning Ordinance.
G.
The extent to which the requested accommodation would impose financial
and administrative burdens upon the Township.
H.
The extent to which the requested accommodation would impose an undue
hardship upon the Township.
I.
The extent to which the requested accommodation would require a fundamental
alteration in the nature of the Township's regulatory policies,
objectives and regulations.
J.
The extent to which the requested accommodation would result in a
subsidy, privilege, or benefit not available to nonhandicapped or
disabled persons.
K.
The permanency of the requested accommodation and the conditions
under which such accommodation will be removed, terminated or discontinued
when no longer needed to provide handicapped or disabled persons with
equal opportunity to use and enjoy the dwelling in question.
L.
The extent to which the requested accommodation will increase the
value of the property during and after its occupancy by applicants.
6.
Accommodations Under the Fair Housing Amendments Act and/or the Americans
with Disabilities Act or Similar Statutes. The Zoning Hearing Board
shall hear and determine appeals from decisions of the Zoning Officer
with respect to requests for reasonable accommodation. In hearing
and deciding such an appeal, the Zoning Hearing Board shall apply
the criteria set forth in § 511.5 of this Chapter, to the
fullest extent as is consistent with the Americans with Disabilities
Act, the Fair Housing Amendments Act or other applicable similar law.
In granting a request for reasonable accommodation, the Board may
attach such reasonable safeguards and/or limitations as it may deem
necessary to implement this Chapter and protect the public health,
safety and welfare, consistent with the Americans with Disabilities
Act, Fair Housing Amendments Act or other similar applicable statute.
[Ord. 1944, 11/23/2009]
The Board of Commissioners shall establish and revise, from
time to time, a schedule of fees by resolution, as well as a collection
procedure, for all applications submitted under the provisions of
this Chapter. The schedule of fees shall be available to the public
from the Zoning Officer or Township Secretary.