[Ord. 2007-2, 5/22/2007]
1.
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 elected 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.
2.
The Zoning Officer shall have all the powers and duties conferred
upon him by this chapter and the Pennsylvania Municipalities Planning
Code (Act 247 as amended). The Zoning Officer's duties shall include
the following:
A.
Receive and examine all applications for zoning certificates and
certificates of occupancy.
B.
Process applications for zoning certificates 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 zoning certificate or certificate
of occupancy for the proposed use.
D.
Receive applications for conditional uses and forward these applications
to the Planning Commission and Board of Supervisors for recommendation
and action prior to considering issuance of a zoning certificate 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 with the laws
of the Commonwealth.
F.
Following denial of a zoning certificate 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
§ 1701 below.
I.
With the approval of the Board of Supervisors or when directed by
the Board of Supervisors, 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 zoning certificates 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
§ 1504 of this chapter.
[Ord. 2007-2, 5/22/2007]
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 or addition to 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.
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 a prescribed period of time in accordance with
the procedures set forth in this chapter.
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.
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'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 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's
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 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.
4.
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 that constitutes a violation.
[Ord. 2007-2, 5/22/2007]
1.
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 zoning certificate has been obtained from
the Zoning Officer.
2.
If a proposed use is listed as a conditional use or use by special
exception in the zoning district in which the use is proposed to be
located, the Zoning Officer shall not issue a zoning certificate until
an application for approval of a conditional use or use by special
exception has been reviewed and granted by either the Board of Supervisors
or the Zoning Hearing Board in accordance with the provisions of Part
11.
3.
If the proposed use requires approval of a land development plan
under the Township Subdivision and Land Development Ordinance,[1] the Zoning Officer shall not issue a zoning certificate
until the land development plan has been reviewed by the Planning
Commission and approved by the Board of Supervisors.
4.
The zoning certificate shall be prerequisite to issuance of a building
permit; and where no building permit is required, the zoning certificate
shall be prerequisite to issuance of a certificate of occupancy. The
Zoning Officer shall indicate whether the zoning certificate has been
issued on all applications for a building permit and/or a certificate
of occupancy.
[Ord. 2007-2, 5/22/2007]
1.
In those instances where a zoning certificate 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:
A.
A statement as to the proposed use of the building, structure or
land.
B.
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.
C.
The location, dimensions and arrangements of all open spaces and
yards, including methods to be employed for screening and landscaping.
D.
The location, size, capacity and arrangement of all areas to be used
for vehicular access, off-street parking, off-street loading and unloading
and provisions to be made for lighting such areas.
E.
The dimensions, location and methods of illumination for signs, if
applicable.
F.
The location and dimensions of sidewalks and all other areas devoted
to pedestrian use.
G.
Provisions to be made for treatment and disposal of sewage and industrial
wastes, water supply and storm drainage.
H.
The capacity and arrangement of all buildings used or intended to
be used for dwelling purposes, including the proposed gross density.
I.
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.
J.
A description of methods to be employed in controlling any excess
noise, air pollution, smoke, fumes, water pollution, fire hazards
or other safety hazards.
K.
Any other data deemed necessary by the Zoning Officer to determine
compliance with the applicable provisions of this chapter.
2.
The application shall be accompanied by a fee established in accordance
with § 1707 of this chapter.
[Ord. 2007-2, 5/22/2007]
1.
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.
2.
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 contain a statement that the use and/or
construction authorized by the approved zoning certificate has been
completed in compliance with all applicable requirements. All applications
for a certificate of occupancy shall be accompanied by a fee established
in accordance with § 1707 of this chapter.
3.
Upon inspection and determination that all applicable ordinance regulations
and any conditions attached to the zoning certificate have been met,
the Zoning Officer shall issue a certificate of occupancy. In the
case where work was performed under a building permit, the certificate
of occupancy shall include certification by the Building Inspector
that all applicable requirements of the Township Building Code have
been met.[1]
4.
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.
5.
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.
6.
A certificate of occupancy shall be valid only so long as the use
and occupancy of such land or structure shall continuously comply
with all of the requirements of approval and applicable regulations
of this chapter. The Zoning Officer may revoke a certificate of occupancy
upon his determination that a failure to comply exists. Upon such
revocation, any further use or occupancy of such land or structure
shall be considered in violation of this chapter and subject to the
enforcement provisions of § 1701.
[Ord. 2007-2, 5/22/2007]
The Township Planning Commission has been created in 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 the Township Subdivision and Land Development
Ordinance.[1]
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 actions. 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, as authorized by Article
IV of the Pennsylvania Municipalities Planning Code.
(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
that 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 that involve 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.
[Ord. 2007-2, 5/22/2007]
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 and notices to landowners.
(1)
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.
(2)
Where 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 this requirement.
(3)
At least 14 days prior to the public hearing, the Zoning Officer
shall mail a copy of the notice by mail to each property owner within
300 feet of the entire perimeter of the property, including those
located across a street right-of-way.
(4)
The cost of mailing the 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.
(5)
These requirements shall not apply when the rezoning constitutes
a comprehensive rezoning.
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 provisions 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 that 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 § 1706.
The Township and the mediating parties shall meet the stipulations
and follow the procedures set forth in § 1609 of this chapter.
[Ord. 2007-2, 5/22/2007]
The Board of Supervisors 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.
[Ord. 2007-2, 5/22/2007]
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 that 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 Board
of Supervisors with a written request that his challenge and proposed
amendment be heard and decided as provided in Sections 609.1 and 1004
of the Pennsylvania Municipalities Planning Code, (Act 247, as amended).
As with other proposed amendments, the curative amendment shall be
referred to the Township Planning Commission and the Washington County
Planning Commission at least 30 days before the hearing is conducted
by the Board of Supervisors. Public notice shall be given in accordance
with Sections 610, 1004 and other applicable provisions of the Pennsylvania
Municipalities Planning Code. The hearings shall be conducted in accordance
with the provisions of Subsections (4) through (8) of Section 908
of the Pennsylvania Municipalities Planning Code, and all references
in that section to the Zoning Hearing Board shall be references to
the Board of Supervisors.
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 that 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.
(5)
The impact of the proposal on the preservation of agriculture
and other land uses that are essential to public health and welfare.
C.
Declaration of invalidity in 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 chapter but only for those provisions that specifically relate
to the landowner's curative amendment and challenge.
[Added by Ord. 2015-8, 9/21/2015]
Any operator/owner shall, upon being found liable therefor in
a civil enforcement proceeding commenced by the Township before a
Magisterial District Judge, pay a fine of not more than $600, plus
all court costs, including reasonable attorney's fees incurred by
the Township in the enforcement of this chapter. No judgment shall
be imposed until the date of the determination of the violation by
the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Township are hereby authorized to issue
a cease-and-desist notice and/or to seek equitable relief, including
injunction to enforce compliance herewith. No bond will be required
if injunctive relief is sought by the Township. A person who violates
this chapter shall also be responsible for the Township's attorney
fees, engineering fees, expert fees and court costs associated with
enforcement.
