A.
The Zoning Officer shall administer and enforce this chapter, including
the receiving of applications, the inspection of premises and the
issuing of zoning permits. No zoning permit shall be issued by said
Officer except where the provisions of this article have been complied
with. The Zoning Officer shall meet the qualifications established
by the Township. The duties of the Zoning Officer shall include, but
not be limited to, the following:
B.
The Zoning Officer shall be appointed by the Board of Supervisors
of Carroll Township, Washington County, Pennsylvania, and shall not
hold any elective office in the Township.
A.
No building or structure, including mobile homes, shall be erected,
added to, or structurally altered until a permit therefor has been
issued by the Zoning Officer. All applications for zoning permits
shall be in accordance with the requirements of this chapter, and
unless upon written order of the Zoning Hearing Board, no such zoning
permit shall be issued for any building where said construction, addition
or alteration for use thereof would be in violation of any of the
provisions of this chapter. Remodeling or improvement of an existing
building that does not alter the basic structure, create additional
lot area coverage or change the use of the parcel or building is exempt
from this specific requirement. A zoning permit shall be required
prior to any of the following:
(1)
The erection, construction or structural alteration of any building,
structure, dwelling or portion thereof;
(2)
The moving of a structure into a district or from one place in the
district to another;
(3)
The change in use of structure or land; or
(4)
The change or extension of a nonconforming use or structure.
B.
There shall be submitted with all applications for zoning permits,
two copies of a layout or plot plan drawn to scale showing the actual
dimensions of the lot to be built upon, the exact size, location and
height of the building and accessory buildings to be erected, and
other such information as may be deemed necessary by the Zoning Officer
to determine and provide for the enforcement of this chapter.
C.
No permit shall be required for the following:
(1)
Minor repairs or maintenance.
(3)
No permit shall be required for an accessory structure that has up
to and including 120 square feet of floor area. Placement of said
structures shall be limited to the rear yard (behind the rear building
line of the principal structure) and may be sited within five feet
of rear and side property lines.
D.
Zoning permits issued for the purpose of permitting construction,
reconstruction, alterations, repairs, use or the like shall automatically
expire 12 months from the date of issue. Prior to the continuance
of the activity, use or change for which the original permit was used,
a new zoning permit must be obtained. If however, due to the extent
and size of the subject project, it is impossible for the applicant
to complete said process prior to the expiration of 12 months, or
because of an act of nature, no new permit must be obtained. However,
the applicant must advise the Zoning Officer of said expiration and
the reason for failure to complete within the specified time. In the
event said applicant fails to notify the Zoning Officer, the permit
shall immediately expire and no further activity may take place unless
a new permit is obtained.
E.
A copy of the permit shall be posted on the premises for public inspection
during the prosecution of the work.
An application for a zoning permit for a conditional use shall
be filed with the Zoning Officer and it shall:
A.
Identify and describe the property, its location and the present
use.
B.
Reasonably describe present improvements and any intended additions
and changes.
C.
Disclose the conditional use for which the application is being made
and show how the property, as it may be improved, meets the standards
and criteria required.
D.
Upon receipt of such application for conditional use, the Zoning
Officer shall forthwith refer the same to the attention of the Township
Planning Commission. The Planning Commission shall arrange a date,
time and place for a meeting with the applicant for the conditional
use. Said meeting shall be held within 45 days of filing of the application
with the Zoning Officer. The Planning Commission shall make a recommendation
on the application to the Township Supervisors within 60 days of the
original filing of the application with the Zoning Officer.
E.
The Township Supervisors may authorize conditional uses, pursuant
to express standards and criteria specified in this chapter for said
uses, and may attach such additional conditions and safeguards as
they may deem necessary.
F.
The Township Supervisors shall hold a public hearing, pursuant to
public notice, on the conditional use within 75 days of the date of
filing of the application with the Zoning Officer and shall issue
a decision within 90 days of the date of application.
G.
The Zoning Officer shall be under a duty of issuance of a permit
or order indicating the action of the Township Supervisors as a result
of the hearing on the application and shall notify the applicant.
A.
Upon completion of the authorized new construction, alteration, remodeling,
change of use of building or land under the provisions of a zoning
permit, such building shall not be occupied until an occupancy permit
has been issued by the Zoning Officer. Written request to the Zoning
Officer shall be processed within one week of receipt of the request
of the proposed use, provided the use is in conformity with the provisions
of this chapter and other effective and applicable ordinances. The
Zoning Officer's refusal to issue an occupancy permit shall include
a written statement to the applicant containing reasons for such denial.
B.
Occupancy permits are required for the following:
(1)
Occupancy of a new building.
(2)
Occupancy and use of a building hereafter moved or altered so
as to require a zoning permit.
(3)
Change in the use of an existing building other than to a use
of the same type.
(4)
Occupancy and use of vacant land.
(5)
Change in the use of land except to another use of the same
type.
(6)
Any change in use of a nonconforming use.
C.
Occupancy permits shall state that the building or the proposed use
of a building or land complies with all provisions of this chapter.
D.
No occupancy permit shall be issued until such time as the applicant
has applied for the same, paid the application fee, and the premises
have been inspected by the Zoning Officer or his delegate and, thereafter,
a determination has been made that the premises are in compliance
with this chapter.
E.
No premises, structure or land use activity requiring a zoning permit
shall be used or occupied until such time as an occupancy permit has
been granted.
F.
If the project has not been completed and a partial use or occupation
of the premises is desired by the applicant, the applicant must first
make application to the Zoning Officer. Once the Zoning Officer has
determined compliance for the limited or partial use intended, said
applicant may use and/or occupy the premises; however, nothing contained
in this provision shall be interpreted or used as an excuse or viewed
as a waiver of any of the other terms contained hereinabove pertaining
to the expiration of any and all certificates for purposes of completion
of the original project.
A.
The Township Supervisors shall determine and adopt a schedule of
fees, charges and expenses, as well as the collection procedure, for
permits, variances, special exceptions, conditional uses, amendments
and other matters pertaining to this chapter. Said schedule of fees
shall be posted in the office of the Township Secretary.
B.
The Township Supervisors shall be empowered to reevaluate the fee
schedule from time to time and make adjustments as deemed appropriate.
Any such alterations shall not be considered an amendment to this
chapter and may be adopted by resolution of the Township Supervisors
at any legally advertised public meeting.
C.
Application for permits, approvals and other related matters pertaining
to this chapter shall be accompanied by the designated fee and such
other documentation specified by this chapter or considered necessary
by the appropriate reviewing authorities or agencies.
A.
Creation, appointment and organization. The membership of the Zoning
Hearing Board shall consist of three residents of the municipality
appointed by the governing body. Members of the Board may receive
compensation for the performance of their duties as may be fixed by
the governing body, but in no case shall the rates of compensation
exceed that paid to the governing body. Their terms of office shall
be three years and shall be so fixed that the terms of office of one
member shall expire each year. The Zoning Hearing Board shall promptly
notify the governing body of any vacancies that occur. Appointments
to fill vacancies shall be only for the unexpired portion of the term.
Members of the Zoning Hearing Board shall hold no other office in
the municipality.
B.
Alternate members. The governing body may appoint one to three residents
of the municipality to serve as alternate members of the Zoning Hearing
Board. Their terms shall be three years. Any alternate may participate
in any proceeding or discussion of the Board but shall not be entitled
to vote as a member of the Board, nor be compensated, unless designated
by the Chairman of the Board as a voting alternate member pursuant
to Section 906 of the Pennsylvania Municipalities Planning Code (Act
247, 1968, as amended by Act 170, 1988).[1] Alternate members may hold no other office in the municipality.
[1]
Editor's Note: See 53 P.S. § 10906.
C.
Powers and duties.
(1)
The Zoning Hearing Board shall hear and decide appeals from
any order, requirements, decision or determination made by the Zoning
Officer in the administration of this chapter.
(2)
The Zoning Hearing Board shall hear and decide all matters referred
to or upon which it is required to pass under this chapter and other
applicable laws of the Commonwealth of Pennsylvania.
(3)
The Zoning Hearing Board shall hear and decide appeals where
it is alleged by the appellant that the Zoning Officer has failed
to follow prescribed procedures or has misinterpreted or misapplied
any provision of a valid ordinance or map or any valid rule or regulation
governing the action of the Zoning Officer.
(4)
The Zoning Hearing Board shall hear challenges to the validity
of a zoning ordinance or map. In all such challenges, the Board shall
decide all contested questions and shall make findings on all relevant
issues of fact which shall become part of the record on appeal to
the court.
(5)
The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The Board may by rule prescribe the form
of application and may require preliminary application to the Zoning
Officer. The Board may grant a variance, provided the following findings
are made where relevant in a given case:
(a)
That there are unique physical circumstances or conditions,
peculiar to the particular property, and that the unnecessary hardship
is due to such conditions.
(b)
That because of such physical circumstances or conditions there
is no possibility that the property can be developed in strict conformity
with the provisions of this chapter and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
(c)
That such unnecessary hardship has not been created by the appellant.
(d)
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located, nor substantially or permanently impair the appropriate use
or development of adjacent property, nor be detrimental to the public
welfare.
(e)
That the variance will represent the minimum variance that will
afford relief.
(6)
The Zoning Hearing Board may authorize special exceptions where
the governing body, in this chapter, has made provision for such procedures
pursuant to express standards and criteria. The Board may attach such
additional conditions and safeguards as it may deem necessary.
D.
Procedure. The procedure of the Zoning Hearing Board shall be governed
by the provisions of applicable laws of the Commonwealth of Pennsylvania
and such rules, not inconsistent therewith, as the Board may adopt.
A.
Whenever the public necessity, convenience or general welfare indicates,
the governing body may, by ordinance in accordance with applicable
laws of the Commonwealth of Pennsylvania, amend, supplement or change
the regulations, restrictions, boundaries or classifications of buildings,
structures and land, as the same are established by this chapter or
may hereafter be made a part thereof.
(1)
Before voting on the enactment of an amendment, the governing
body shall hold a public hearing thereon pursuant to public notice.
In addition, if the proposed amendment involves a Zoning Map change,
notice of said public hearing shall be conspicuously posted by the
municipality at points deemed sufficient by the municipality along
the perimeter of the tract to notify potentially interested citizens.
The affected tract or area shall be posted at least one week prior
to the date of the hearing.
(2)
In case of an amendment other than that prepared by the Planning
Commission, the governing body shall submit each such amendment to
the Planning Commission at least 30 days prior to the hearing for
review and comment.
(3)
If after any public hearing held upon an amendment the proposed
amendment is changed substantially, or is revised to include land
previously not affected by it, the governing body shall hold another
public hearing pursuant to public notice.
(4)
At least 30 days prior to the public hearing on the amendment
by the governing body, the municipality shall submit the proposed
amendment to the Washington County Planning Commission for recommendations.
(5)
Within 30 days after enactment, a copy of the amendment to chapter
shall be forwarded to the County Planning Commission.
B.
Applications of petitions by landowners for any change or amendments
to existing zoning districts shall be made to the Planning Commission
and shall be accompanied with a fee as determined by the governing
body, payable to the Township of Carroll, and shall be deposited in
the general fund.
C.
A landowner who desires to challenge on substantive grounds the validity
of this chapter or the Zoning Map, or any provision thereof, that
prohibits or restricts the use or development of land in which he
has an interest, may submit a curative amendment to the Township Supervisors
in accordance with provisions of the Pennsylvania Municipalities Planning
Code.
(1)
The governing body shall commence a hearing thereon within 60
days of the request. The curative amendment and challenge shall be
referred to the Carroll Township and Washington County Planning Commissions
for review and comment, and notice of the hearing thereon shall be
given as provided for in this chapter.
(2)
If the Township Supervisors do not accept a landowner's
curative amendment brought in accordance with this subsection and
a court subsequently rules that the challenge has merit, the court's
decision shall not result in a declaration of invalidity for the entire
Zoning Ordinance and Map, but only for those provisions which specifically
relate to the landowner's curative amendment and challenge.
(3)
The governing body may determine that a validity challenge has
merit and may accept a landowner's curative amendment, with or
without revision, or may adopt an alternative amendment that will
cure the challenged defects. The governing body shall consider the
curative amendments, plans and explanatory material submitted by the
landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities;
(b)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs;
(c)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodlands, wetlands, floodplains,
aquifers, natural resources and other natural features;
(d)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features;
and
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
(4)
If the Township Supervisors determine that this chapter or any
portion thereof is substantially invalid, they may initiate a municipal
curative amendment in accordance with the provisions of the Pennsylvania
Municipalities Planning Code.
(a)
Declare by formal action the chapter or portions thereof substantively
invalid and propose to prepare a curative amendment to overcome such
invalidity. Within 30 days following such declaration and proposal,
the governing body shall:
(b)
Within 180 days from the date of the declaration and proposal,
enact a curative amendment to validate or reaffirm the validity of
this chapter.
The interpretation and application of the provisions of this
chapter shall be held to be the minimum requirements for the promotion
of the health, safety, morals and general welfare. The chapter is
not intended to interfere with or abrogate or annul other rules, regulations
or ordinances of the Township of Carroll, provided that, where this
chapter imposes a greater restriction upon the use of building or
premises, or upon the height of a building, or requires larger open
spaces than are imposed by other such rules, regulations or ordinances,
the provision of this chapter shall prevail.
In case any structure or land is or is proposed to be erected,
constructed, reconstructed, altered, converted, maintained and/or
used in violation of this chapter, or any regulations made pursuant
thereto, the Township Supervisors, in addition to specifically authorizing
the Zoning Officer to obtain enforcement, and in addition to other
remedies, may institute in the name of the municipality by itself
or through the Zoning Officer any appropriate action or proceeding
to prevent, restrain, correct or abate such building, structure, land
or use or to prevent, in or about such premises, any act, conduct,
business or use constituting a violation.
The granting of a zoning permit for the erection and/or use
of a building or lot shall not constitute a representation, guarantee
or warranty of any kind or nature by the municipality, or an official
or employee thereof, of the safety of any structure, use or other
proposed plan for any cause whatsoever and shall create no liability
upon or a cause of action against any such public official or employee
for any damage that may result pursuant thereto.
