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.
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.
A.
Violations. Failure to comply with any provisions of this chapter;
failure to secure a building/zoning permit prior to the erection,
construction, extension, structural alteration or addition to building
or structure; or failure to secure an occupancy permit for the use
or change of use or occupancy of structures or land shall be a violation
of this chapter.
B.
Enforcement notice. The enforcement notice shall contain the following
information:
(1)
The name of the owner of record and any other person against
whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within a prescribed period of time in accordance
with the procedures set forth in this chapter.
(6)
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.
C.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more that $500 plus
all court costs, including reasonable attorney's 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 Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable rules of civil procedure.
(2)
Each day that a violation continues shall constitute a separate
violation, unless the Magisterial District Judge determining that
there has been a violation further determines that there was a good
faith basis for 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 Magisterial District Judge, and thereafter each day that a
violation continues shall constitute a separate violation. All judgments,
costs and reasonable attorney's fees collected for the violation of
this chapter shall be paid over to the Township.
(3)
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.
(4)
Nothing contained in this subsection 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 subsection.
D.
Causes of action. In case any building or structure is 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 Supervisors or, with approval of the
Board of Supervisors, the Zoning Officer or other proper official,
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 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 which constitutes a violation.
A.
No land use may be established or changed; no structure or building
may be erected, constructed, reconstructed, structurally altered,
razed or removed; and no building or structure may be used or occupied
or the use changed until a building/zoning permit has been obtained
from the Zoning Officer.
B.
In the instances where a building permit is required and applied
for, such application shall be considered to include both the building
permit and the zoning 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 considered
to include both the zoning permit and the certificate of occupancy.
A.
In those instances where a zoning permit is applied for, the application
shall be made in writing by the owner, tenant, vendee under contract
of sale or authorized agent on a form supplied by the Township and
shall be filed with the Zoning Officer. The application shall include
the following information:
(1)
A statement as to the proposed use of the building, structure
or land.
(2)
A plan drawn to scale showing the location, dimensions and height
of proposed buildings, structures or uses and any existing buildings
in relation to property and street lines. If the application relates
to property scheduled to be developed in successive stages, such plans
shall show the relationship of the portion scheduled for initial development
to the proposed layout of the entire property.
(3)
The location, dimensions and arrangements of all open spaces
and yards, including methods to be employed for screening and landscaping.
(4)
The location, size, capacity and arrangement of all areas to
be used for vehicular access, off-street parking, off-street loading
and unloading and provision to be made for lighting such areas.
(5)
The dimensions, location and methods of illumination for signs,
if applicable.
(6)
The location and dimensions of sidewalks and all other areas
devoted to pedestrian use.
(7)
Provisions to be made for treatment and disposal of sewage and
industrial wastes, water supply and storm drainage.
(8)
The capacity and arrangement of all buildings used or intended
to be used for dwelling purposes, including the proposed gross density.
(9)
A description of any proposed industrial or commercial operations
in sufficient detail to indicate the effects of those operations in
producing noise, glare, air pollution, water pollution, fire hazards,
traffic congestion and other safety hazards.
(10)
Description of methods to be employed in controlling any excess
noise, air pollution, smoke, fumes, water pollution, fire hazards
or other safety hazards.
(11)
Any other data deemed necessary by the Zoning Officer to determine
compliance with the applicable provisions of this chapter.
B.
Where the information required for a zoning permit duplicates the
information required for a building permit, and the application is
being considered a combined application, submission of one drawing
with the required information will meet the requirements for both
applications.
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.
A.
All applications for building permits shall be accompanied by plans,
in duplicate, drawn to scale, showing the actual dimensions and shape
of the lot to be built upon; the exact sizes and locations on the
lot of building(s) already existing, if any; and the location and
dimensions of the proposed building(s) or alteration(s).
B.
The application shall include such other information as lawfully
may be required by the Zoning Officer, including existing or proposed
uses of the building(s) and land; the number of dwelling units the
building is designed to accommodate; conditions existing on the lot;
and such other matters as may be necessary to determine compliance
with this chapter.
C.
In approving an application for a building permit, the Zoning Officer
may require such changes in plans for construction, addition or alteration
or use of such building(s) or lot(s) as may be necessary to assure
compliance with this chapter.
D.
A building permit for any building(s) or use(s) may be revoked and
withdrawn by the Zoning Officer if the holder of the building permit
has failed to comply with the requirements of this chapter or with
any conditions attached to the issuance of the permit, and the holder
of the building permit may be subject to penalties as provided for
in this chapter.
E.
The Zoning Officer shall act upon an application for a building permit
no later than 30 days after receiving the application.
F.
One copy of the plan shall be returned to the applicant by the Zoning
Officer after he shall have marked such copy either as approved or
disapproved and attested to same by his signature on such copy. The
second copy of the plan, similarly marked, shall be retained by the
Zoning Officer.
G.
If the work described in any building permit has not begun within
six months from the date of issuance thereof, said permit shall expire.
The permit shall be cancelled by the Zoning Officer, and written notice
thereof shall be given to the persons affected.
H.
If the work described in any building permit has not been substantially
completed within two years of the date of issuance thereof, said permit
shall expire and be cancelled by the Zoning Officer, and written notice
thereof shall be given to the persons affected, together with notice
that further work as described in the cancelled permit shall not proceed
unless and until a new building permit has been obtained.
A.
It shall be unlawful to use or occupy or permit the use or occupancy
of any building, structure or lot, or part thereof, until a certificate
of occupancy has been issued therefor by the Zoning Officer. Said
certificate of occupancy shall state that the proposed use of the
building, structure or land conforms to the requirements of this chapter.
B.
Certificates of occupancy shall be applied for coincident with the
application for a building permit and shall be acted upon within five
working days after inspection by the Zoning Officer of the work completed
under a building permit.
C.
Certificates of occupancy for a new use or changed use where no building
permit is required shall be part of the application for a zoning permit
and shall be acted upon by the Zoning Officer within 15 days of submission
of a completed application for a zoning permit.
D.
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 while work is being completed, provided such temporary
certificate of occupancy may require such conditions and safeguards
as may be warranted to protect the health and safety of the occupants
and the public.
E.
Failure to obtain a certificate of occupancy shall be a violation
of this chapter and shall be subject to enforcement remedies as provided
in this chapter.
F.
The Zoning Officer shall maintain a record of certificates of occupancy,
and copies shall be furnished, upon request, to any person having
a proprietary or tenancy interest in the building or lot affected.
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:
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.
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.[1]
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.
