[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.
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:
(a)
A copy thereof shall be provided to the newspaper at the time
public notice is published; and
(b)
An attested copy of the proposed ordinance shall be filed in
the County Law Library or other County office designated by the County
Commissioners.
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.