The provisions of this chapter shall be administered and enforced
by a Zoning Officer, who shall be appointed by the Board of Supervisors.
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 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 building/zoning permits
and certificates of occupancy.
B. Process applications for building/zoning permits and certificates
of occupancy for all permitted uses.
C. 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 a building/zoning permit or certificate
of occupancy for the proposed use.
D. Receive applications for conditional uses and forward those applications
to the Planning Commission and Board of Supervisors for recommendation
and action prior to considering issuance of a building/zoning permit
or certificate of occupancy for the proposed use.
E. Issue permits only where there is compliance with the provisions
of this chapter, with other Township ordinances and the laws of the
commonwealth.
F. Following denial of a building/zoning permit or certificate of occupancy,
refer any appeal of the denial to the Zoning Hearing Board for action
thereon.
G. Conduct inspections and surveys to determine compliance or noncompliance
with this chapter.
H. Issue notices of violation in accordance with the requirements of §
280-144 below.
I. With the approval of the Board of Supervisors, or when directed by
the Board, 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.
J. Revoke any order or permit issued under a mistake of fact or contrary
to the law or the provisions of this chapter.
K. Record and file all applications for building/zoning permits and
certificates of occupancy with accompanying plans and documents, which
files shall be a public record.
L. Maintain the official Zoning District Map for the Township.
M. Register nonconforming uses, structures and lots in accordance with §
280-131 of this chapter.
No building or structure shall be erected, added to or structurally
altered until a building permit has been issued by the Zoning Officer.
No building permit shall be issued for any building where said construction,
addition or alteration or use thereof would be in violation of any
of the provisions of this chapter, except after written order from
the Zoning Hearing Board. Any building permit issued in conflict with
the provisions of this chapter shall be null and void.
The Township Planning Commission has been created on accordance with Article
II of the Pennsylvania Municipalities Planning Code to fulfill the advisory role to the Board of Supervisors in the administration of this chapter and Chapter
242, Subdivision and Land Development.
A. Membership.
(1)
The membership of the Planning Commission shall consist of five
members, all of whom shall be residents of the Township. At least
three of the five members shall be citizen members and shall not be
officers or employees of the Township.
(2)
The term of office for each member shall be four years, and
the terms of no more than two members shall expire in any calendar
year.
(3)
When any vacancies occur, the Chairman shall promptly notify
the Board of Supervisors, and the Board shall fill the vacancy for
the unexpired portion of the term.
B. Duties of the Planning Commission.
(1)
The Planning Commission shall, at the request of the Board of
Supervisors, have the power and shall be required to:
(a)
Prepare the Comprehensive Plan for the development of the Township
in accordance with the requirements and procedures set forth in the
Pennsylvania Municipalities Planning Code and present it for consideration
by the Board of Supervisors.
(b)
Maintain and keep on file records of its action. All records
and files of the Planning Commission shall be in the possession of
the Board of Supervisors.
(2)
The Planning Commission, at the request of the Board of Supervisors,
may:
(a)
Make recommendations to the Board of Supervisors concerning
adoption or amendment of an Official Map.
(b)
Prepare and present to the Board of Supervisors a zoning ordinance
and make recommendations to the Board of Supervisors on proposed amendments
to it.
(c)
Prepare and recommend subdivision and land development and planned
residential development regulations and amendments thereto and make
recommendations to the Board of Supervisors on applications submitted
under those regulations.
(d)
Prepare and present to the Board of Supervisors a building code
and a housing code and make recommendations concerning proposed amendments
thereto.
(e)
Do such other acts or make such studies as may be necessary
to fulfill the duties and obligations imposed by the Pennsylvania
Municipalities Planning Code.
(f)
Prepare and present to the Board of Supervisors an environmental
study.
(g)
Submit a recommended capital improvements program to the Board
of Supervisors.
(h)
Prepare and present to the Board of Supervisors a water survey
which shall be consistent with the State Water Plan and any applicable
water resources plan adopted by a river basin commission conducted
in consultation with any public water supplier in the area to be surveyed.
(i)
Promote public interest in, and understanding of, the Comprehensive
Plan and planning.
(j)
Make recommendations to governmental, civic and private agencies
and individuals as to the effectiveness of the proposals of such agencies
and individuals.
(k)
Hold public hearings and meetings.
(l)
Present testimony before any board.
(m)
Require from other departments and agencies of the Township
such available information as relates to the work of the Planning
Commission.
(n)
In the performance of its functions, enter upon any land to
make examinations and surveys with the consent of the landowner.
(o)
Prepare and present to the Board of Supervisors a study regarding
the feasibility and practicability of using renewable energy sources
in specific areas within the Township.
(p)
Review the zoning ordinance, subdivision and land development
ordinance and such other ordinances and regulations governing the
development of land no less frequently than it reviews the Comprehensive
Plan.
(3)
In the performance of its powers and duties, any act or recommendation
of the Planning Commission which involves engineering considerations
shall be subject to review and comments of the Township Engineer,
which shall be incorporated and separately set forth in any report,
written act or recommendation of the Planning Commission.
C. Records. The Secretary of the Planning Commission shall keep minutes
of all meetings and shall maintain a file of the Commission's
records, which shall be the property of the Township.
The Board of Supervisors may introduce and/or consider amendments
to this chapter and to the Zoning District Map, as proposed by the
Board of Supervisors or by the Planning Commission or by a petition
of a landowner of property within the Township.
A. Petitions. Petitions for amendments shall be filed with the Planning
Commission at least 10 calendar days prior to the meeting at which
the petition is to be heard; the petitioners, upon such filing, shall
submit a legal description of the property proposed to be rezoned
and a statement justifying the request and shall pay a filing fee,
in accordance with the fee schedule fixed by resolution of the Board
of Supervisors. The Planning Commission shall review the proposed
amendment and report its findings and recommendations in writing to
the Board of Supervisors.
B. Referral. Any proposed amendment presented to the Board of Supervisors
without written findings and recommendations from the Township Planning
Commission and the Washington County Planning Commission shall be
referred to these agencies for review at least 30 days prior to the
public hearing by the Board of Supervisors. The Board of Supervisors
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.
C. Posting of property. If the proposed amendment involves a change
to the Zoning District Map, a minimum of two notices of the public
hearing shall be conspicuously posted on the property at least seven
days prior to the date of the public hearing. At least 14 days prior
to the hearing, the Zoning Officer shall mail a copy of the notice
by certified mail to each property owner within 300 feet of the entire
perimeter of the property, including those located across a street
right-of-way. The cost of mailing the certified notices shall be paid
by the applicant, if an applicant requests the amendment. If the Township
initiates the amendment, the Township shall pay the cost of mailing
the certified notices.
D. Public notice and public hearing. Before acting on a proposed amendment,
the Board of Supervisors 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.
E. Readvertisement and rehearing. 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 Supervisors shall hold another public hearing, pursuant
to public notice, before proceeding to vote on the amendment.
F. Publication, advertisement and availability.
(1)
Proposed amendments shall not be enacted unless the Board of
Supervisors 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.
(2)
The Board of Supervisors shall publish the proposed amendment
once in a 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,
setting forth all the provision in reasonable detail. If the full
text is not included:
(a)
A copy thereof shall be provided to the newspaper at the time
public notice is published.
(b)
An attested copy of the proposed ordinance shall be filed in
the County Law Library.
G. Action. Within 90 days of the date when the public hearing on the
proposed amendment is officially closed, the Board of Supervisors
shall vote on the proposed amendment. In the event substantial amendments
are made in the proposed amendment before voting on enactment of the
amendment, the Board of Supervisors shall readvertise in one newspaper
of general circulation in the Township a brief summary of the amendments
at least 10 days prior to enactment.
H. Filing amendment with County Planning Commission. Within 30 days
after enactment, a copy of the amendment to this chapter shall be
forwarded to the Washington County Planning Commission.
I. Mediation option. The Board of Supervisors 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 §
280-139 of this chapter.
A curative amendment may be filed by a landowner who desires
to challenge, on substantive grounds, the validity of this chapter
or the Zoning District Map or any provision thereof which prohibits
or restricts the use or development of land in which he has an interest.
A. Procedure. The landowner may submit a curative amendment to the governing
body with a written request that his challenge and proposed amendment
be heard and decided as provided in 53 P.S. § 10916.1. The
governing body shall commence a hearing thereon within 60 days of
the request as provided in § 916.1 of the Municipalities
Planning Code. The curative amendment and challenge shall be referred
to the planning agency or agencies as provided in 53 P.S. § 10609,
and notice of the hearing thereon shall be given as provided in 53
P.S. §§ 10610 and 10916.1(b). The hearing shall be
conducted in accordance with 53 P.S. § 10908 and all references
therein to the zoning hearing board shall, for purposes of this section
be references to the governing body; provided, however, that the provisions
of 53 P.S. § 10908(1.2) and (9) shall not apply and the
provisions of 53 P.S. § 10916.1 shall control.
B. Evaluation of merits of curative amendment. If the Board of Supervisors
determines that a validity challenge has merit, the Board of Supervisors
may accept a landowner's curative amendment, with or without
revision, or may adopt an alternative amendment which will cure the
alleged defects. The Board of Supervisors shall consider the curative
amendments, plans and explanatory material submitted by the landowner
and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities;
(2)
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 this chapter or the Zoning District
Map;
(3)
The suitability of the site for the intensity of the use proposed
by the site's soils, slopes, woodlands, wetlands, floodplains,
aquifers, natural resources and other natural features;
(4)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts;
and
(5)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
C. Declaration of invalidity by court. If the Township does not accept
a landowner's curative amendment brought in accordance with this
section and a court subsequently rules the challenge has merit, the
court's decision shall not result in a declaration of invalidity
for this entire ordinance, but only for those provisions which specifically
relate to the landowner's curative amendment and challenge.