[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
The Board of Township Supervisors:
A. Is ultimately responsible for the adoption, amendment and enforcement
of this chapter.
B. Shall appoint the members of the Planning Commission, the Zoning
Hearing Board and the Zoning Officer.
C. Shall receive the recommendations of the Planning Commission on matters
the Commission reviews pursuant to this chapter but is not obligated
to act in accordance with the recommendations.
D. Must ask for recommendations of the Planning Commission on the adoption
or amendment of this chapter if such recommendations are not prepared
by the Planning Commission. In accordance with Section 303(a) of the
Pennsylvania Municipalities Planning Code, the Township Board of Supervisors
must ask for recommendations from the Planning Commission for proposed
actions related to:
(1)
The location, opening, vacation, extension, widening, narrowing
or enlargement of any street, public ground, pier head or watercourse;
(2)
The location, erection, demolition, removal or sale of any public
structure located within the municipality;
(3)
The adoption, amendment or repeal of an Official Map, Subdivision
and Land Development Ordinance, Zoning Ordinance or provisions for
planned residential development, or a Capital Improvements Program;
or
(4)
The construction, extension or abandonment of any waterline,
sewer line or sewage treatment facility.
E. Must call and hold a public hearing before adopting a zoning ordinance
or any amendment thereto.
F. May remove members of the Planning Commission or the Zoning Officer
from their jobs or members of the Zoning Hearing Board, upon cause
and after hearing.
G. Must establish fees for the issuance of building, occupancy and sign
permits. In accordance with MPC Section 617.3(e), the Board of Supervisors
may also prescribe fees for conditional use applications, landowner
curative amendments, municipal curative amendments and hearings before
the Zoning Hearing Board.
H. Final Adjudications.
(1)
The Board of Supervisors shall have exclusive jurisdiction to
hear and render final adjudications in the following matters:
(a)
All applications for approvals of planned residential developments under Article VII of the MPC, pursuant to the provisions of Section
702 of the MPC, 53 P.S. § 10702.
(b)
All applications pursuant to Section
508 of the MPC, 53 P.S. § 10508, for approval of subdivisions or land developments under Article V of the MPC, 53 P.S. § 10501 et seq.
(c)
Applications for conditional uses under the express provisions
of this chapter.
(d)
Applications for curative amendments to this chapter or pursuant
to Sections 609.1 and 916.1(a) of the MPC, 53 P.S. §§ 10609.1
and 10916.1(a).
(e)
All petitions for amendments to land use ordinances, pursuant
to the procedures set forth in Section 609 of the MPC, 53 P.S. § 10609.
(f)
Appeals from the determination of the Zoning Officer or the
Township Engineer in the administration of any land use ordinance
or provisions thereof with reference to sedimentation and erosion
control and stormwater management insofar as the same relate to applications
for land development under Articles V and VII of the MPC, 53 P.S.
§§ 10501 et seq. and 10701 et seq.
(2)
Where such determination relates only to development not involving an MPC Article V or VII application, the appeal from such determination of the Zoning Officer or the Township Engineer shall be to the Zoning Hearing Board pursuant to this §
27-1101.
(3)
Where the applicable land use ordinance vests jurisdiction for
final administration of subdivision and land development applications
in the Planning Commission, all appeals from determinations under
this subsection shall be to the Planning Commission, and all appeals
from the decision of the Planning Commission shall be to court.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
The Township Planning Commission:
A. At the request of the Board of Supervisors, shall prepare and update
periodically the Township Comprehensive Plan.
B. May make recommendations, including a specific statement in writing,
as to whether or not proposed actions of the Board of Supervisors,
its departments, agencies and appointed authorities are in accordance
with the objectives of the formally adopted Comprehensive Plan.
C. Shall maintain a file of records of its actions, such file being
the property of the Board of Supervisors.
D. May prepare, hold hearings upon, and recommend for adoption a zoning
ordinance for the Township and subsequently may prepare and recommend
amendments thereto.
E. May prepare and recommend for adoption a subdivision and land development
ordinance and/or planned residential development ordinance, as well
as amendments thereto.
F. Shall receive, review and make recommendations to the Board of Supervisors
on commercial or industrial development proposals, planned residential
developments and subdivision plans.
G. Shall receive, review and make recommendations to the Zoning Hearing
Board on special exception requests.
H. May call and hold public hearings on matters relating to development
in the Township, including amendments to the Zoning and Subdivision
Ordinances.
I. May, at the request of the Board of Supervisors, prepare and recommend
an annual capital improvements program, a building code, a housing
code, an environmental study or similar reports or plans necessary
to guide growth and development in the Township.
J. May promote public interest in and understanding of the Comprehensive
Plan and ordinances designed to implement the plan.
K. Shall hold regularly scheduled advertised meetings open to the public.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
The Zoning Hearing Board:
A. Shall receive recommendations on special exceptions from the Planning
Commission and shall act thereon.
B. Shall hear appeals from decisions of the Zoning Officer and shall
uphold or reverse his decision.
C. Shall hear requests for variances from strict application of the
provisions of this chapter and make a decision thereon.
D. Shall hear challenges to the validity of this chapter, map or amendments
thereto, deciding contested questions and making findings on all relevant
issues of fact.
E. Shall conduct hearings and make findings in accordance with the requirements
of the Pennsylvania Municipalities Planning Code.
F. Shall be involved with any ordinance for which authority is granted
to it by the Board of Supervisors or any other State law.
[Ord. 430, 7/16/2008; as amended by Ord. 438, 8/19/2009]
The Zoning Officer:
A. Shall receive applications for building permits and occupancy permits.
B. Shall review such applications after site visits before deciding
to issue a permit or refer the proposal to the Planning Commission
or Zoning Hearing Board.
C. Shall testify at meetings of the Zoning Hearing Board on any contested
decision he has made.
D. Shall halt construction where it is not proceeding in accordance
with a permit or where the permit has expired or never existed.
E. Shall visit approved construction in progress to verify continued
compliance with the permit.
F. Shall investigate alleged violations of performance standards or
other requirements of this chapter and, if allegations are correct,
demand compliance with this chapter.
G. Shall interpret this chapter literally.
H. Shall keep a current record of nonconforming uses throughout the
Township.
I. May be delegated the job of preparing advertising for public hearings,
preparing lists of lot owners to be notified by mail of hearings,
and posting notices and reasons of hearings.
J. Shall keep records of applications, permits, and nonconforming use
registrations in accordance with the Records Management Act.
K. Shall perform any other duties of administering this chapter as required
by the Board of Supervisors or the Township Manager.