This chapter shall apply throughout Fairview Township, York
County, PA. Any activity regulated by this chapter shall only occur
in such a way that conforms to the regulations of this chapter.
A.
The provisions of this chapter shall be enforced by an official,
appointed by the Board of Supervisors of the Township of Fairview,
who shall be known as the "Zoning Officer." The Zoning Officer may
have designated an employee of the Township of Fairview as his assistant,
who shall exercise all the powers of the Zoning Officer during the
temporary absence or disability of the Zoning Officer.
B.
The duties of the Zoning Officer shall be to:
(1)
Administer this chapter in accordance with its literal terms;
(2)
Receive, examine and process all applications and permits as provided
by the terms of this chapter. The Zoning Officer shall also issue
zoning permits for special exception and conditional uses, or for
variances after the same have been approved by the body having the
respective jurisdiction;
(3)
Receive and process all requests for reasonable accommodation under the Fair Housing Amendments Act and/or the American Disabilities Act, as applicable. Criteria and procedures for the handling of such requests shall be in accordance with Subsection C;
(4)
Review proposed subdivisions and land developments for compliance
with this chapter;
(5)
Determine the date before which steps for compliance shall be commenced
and the date before which the steps shall be completed. The Zoning
Officer shall determine an appropriate duration of time for compliance
of the specified activity, not to exceed 30 days. Extensions up to
a total of 90 days from the date of receipt of the enforcement notice
may be granted at the discretion of the Zoning Officer if applied
for in writing;
(6)
Record and file all applications for zoning permits, certificates
of use and occupancy, and other permits as may be set forth in this
chapter and accompanying plans and documents, and keep them for public
record;
(7)
Inspect properties to determine compliance with all provisions of
this chapter as well as conditions attached to the approval of variances,
special exceptions, conditional uses and curative amendments;
(8)
Upon the request of the Board of Supervisors of the Township of Fairview
or the Zoning Hearing Board of the Township of Fairview, present to
such bodies facts, records, and any similar information on specific
requests, to assist such bodies in reaching their decisions;
(9)
Be responsible for keeping this chapter and the Official Zoning Map
up-to-date, including any amendments thereto;
(10)
Revoke a permit or approval issued under the provisions of this
chapter in case of any false statement or misrepresentation of fact
in the application or on the plans on which the permit or approval
was based or for any other cause set forth in this chapter, or otherwise
permitted by law; and
C.
Reasonable accommodation. The Township of Fairview complies with
the Federal Fair Housing Act (FHA), as amended, and/or the Americans
with Disabilities Act (ADA), as amended, to ensure that policies and
regulations, including but not limited to this chapter, do not discriminate
against persons on the basis of race, color, religion, national origin,
disability, or family status.
(1)
The Township shall grant requests for reasonable accommodations if
such requests provide equal housing and accessibility opportunities
to persons with disabilities, and such requests do not constitute
substantial changes or deviations to standards and provisions of this
chapter.
(2)
Persons requesting reasonable accommodation under the Fair Housing
Amendments Act and/or the Americans With Disabilities Act, shall submit
a request in writing to the Zoning Officer, which shall, at a minimum,
include the following information:
(a)
The name and address of the applicant.
(b)
Specific sections, standards, and provisions of this chapter
from which reasonable accommodation is being requested.
(c)
The specific description of the reasonable accommodation being
sought and the other pertinent information, including a detailed listing
of any proposed structural or location-related accommodations.
(d)
The specific condition(s) of the applicant for which reasonable
accommodation is sought.
(e)
A description of the hardship, if any, that the applicant will
incur should the request for reasonable accommodation being sought
not be granted.
(f)
A description of any alternative methods of relieving the claimed
hardship that have been considered, as well as the reason, if any,
why the applicant have rejected such alternatives.
(g)
A statement describing why the requested accommodation is necessary
to afford the applicant an opportunity equal to a nonhandicapped or
nondisabled person to use and enjoy the dwelling, building, or structure
in question.
(h)
A description of the manner in which the accommodation, if granted,
will be removed, terminated, and/or discontinued if no longer necessary
to afford equal opportunity to a nonhandicapped or nondisabled person
to use and enjoy the dwelling, building, or structure in question.
(i)
A statement of any facts indicating whether or not nonhandicapped
or nondisabled persons would be permitted to utilize the property
in question in a manner similar to that which is sought by the applicant.
(3)
The Zoning Officer, at his discretion, may hold any meetings and/or
hearings to solicit information or argument pertinent to the request
for accommodation.
(4)
The Zoning Officer's decision shall be in writing and state
the reasons for the decision (including references to the specific
sections of this chapter and any other relevant and related chapters
of the Code of the Township of Fairview).
(5)
The Zoning Officer shall issue his written decision to the applicant
and the Township within 30 days of filing of the request for accommodation.
(6)
A request for reasonable accommodation should be directed in the
first instance to the Zoning Officer. In considering a request for
reasonable accommodation, the Zoning Officer shall, with the advice
of the counsel of the Township Solicitor and/or Township Engineer,
apply the following criteria:
(a)
Whether the applicant is handicapped or disabled within the
meaning of the Federal Fair Housing Act Amendments and/or the Americans
with Disabilities Act.
(b)
The degree to which the accommodation sought is related to the
handicap or disability of the applicant.
(c)
A description of hardship, if any, that the applicant will incur
should the request for reasonable accommodation being sought, not
be granted.
(d)
The extent to which the requested accommodation is necessary
to afford the applicant opportunities equal to a nonhandicapped or
nondisabled person to use and enjoy the dwelling, building, or structure
in question.
(e)
The extent to which the proposed accommodation may impact other
property owners in immediate vicinity.
(f)
The extent to which the proposed accommodation may be consistent
with or contrary to the zoning purposes promoted by this chapter,
most recent version of the Fairview Township Comprehensive Plan, and/or
any other applicable plans adopted by the Township of Fairview.
(g)
The extent to which the requested accommodation would impose
financial and administrative burdens upon the Township.
(h)
The extent to which the requested accommodation would impose
an undue hardship upon the Township.
(i)
The extent to which the accommodation would require a fundamental
alteration in the nature of the Township's regulatory policies,
objectives and regulations.
(j)
The extent to which the requested accommodation would result
in a subsidy, privilege, or benefit not available to nonhandicapped
or disabled persons.
(k)
The permanency of the requested accommodation and the conditions
under which such accommodation will be removed, terminated, and/or
discontinued when it is no longer needed to provide handicapped or
disabled persons with equal opportunity to use and enjoy the dwelling
(building or structure) in question.
A.
A zoning permit indicates that a zoning application complies with this chapter to the best knowledge of the Zoning Officer or his designee. No zoning permit or certificate of use and occupancy shall be granted by him for any purpose except in compliance with the literal provisions of this chapter. The Zoning Officer may be authorized to institute enforcement proceedings as set forth in Article XII, relating to enforcement, violations, and penalties.
B.
A zoning permit is required to be issued prior to the start of any
of the following activities:
(1)
Use, occupation, erection, construction, reconstruction, addition,
conversion, alteration, movement, placement, of or extension (vertical
or horizontal) of any structure or building.
(2)
Change in the type of use and/or expansion of the use of a structure,
building, and/or area of land.
(3)
Creation or establishment of a new use of a structure, building,
and/or area of land.
(4)
Other activities required to have a permit and/or approval by this
chapter.
(5)
No zoning permit shall be required for repairs or routine maintenance
of any structure, building, or land, provided such repairs or maintenance
do not change the use or the exterior dimensions of the structure,
building or otherwise violate the provisions of this chapter.
C.
The Township of Fairview may, at its option, issue combined or separate
building permits and zoning permits (and related certificates of use
and occupancy), or may utilize a single or separate application for
the permits.
D.
The only determination by the Zoning Officer that shall be official
shall be a written determination after the Zoning Officer receives
a duly submitted written official application.
E.
Any zoning permit shall be issued or denied within 90 days from the
date of application.
F.
No zoning permit shall be issued except in conformity with:
G.
In all instances in which the Zoning Officer expresses a reasonable
doubt as to the ability of a proposed use to meet all of the above-described
requirements, it will be incumbent upon the applicant to furnish adequate
evidence in support of his application. If such evidence is not presented,
the zoning permit may be denied.
H.
Application for a zoning permit shall be made by the owner or authorized
agent of any building, structure, or land; provided, however, that
if the application is made by a person other than the owner, it shall
be accompanied by a written authorization of the owner that the proposed
work is authorized by the owner. The full names and addresses of the
owner, applicant, and responsible officers, if the owner is a corporate
body, shall be stated in the application.
I.
The Zoning Officer may call upon other Township of Fairview staff
and/or Township of Fairview appointed consultants in the review of
submitted materials for applications.
J.
The Zoning Officer may revoke a permit or approval issued under the
provisions of this chapter in case of any false statement or misrepresentation
of fact in the application or plans on which the permit or approval
was based or for any other cause set forth in this chapter.
K.
Where a zoning permit is required by this chapter, but the work is
commenced or changed prior to obtaining such permit, and after notice
by the Township of Fairview, the fees set by ordinance or resolution
of the Board of Supervisors of the Township of Fairview for such permit
shall be doubled. The doubling of the permit fee shall be required
to reflect the additional expense incurred by the Township of Fairview
resulting from the need to inspect the property, respond to any complaints,
issue any enforcement notices or process the application as soon as
it is received. The payment of such increased permit fees shall not
relieve any person from complying with all requirements of this chapter
or any other applicable Township of Fairview chapters, ordinances,
regulations, or from any penalties or enforcement actions authorized
by this chapter.
L.
Issuance of permits. Upon receiving the application, the Zoning Officer
shall examine the same within the required time frame set forth in
this subsection after filing. If the application or plans do not conform
to the provisions of all applicable local laws, the Zoning Officer
shall reject such application in writing, stating the reasons therefor.
The Zoning Officer shall inform the applicant of his right to appeal
to the Zoning Hearing Board in the event such application is rejected.
If satisfied that the proposed work and/or use conforms to the provisions
of this chapter and all laws and ordinances applicable thereto, and
that the zoning permit as required in this section has been applied
for, the Zoning Officer shall issue a permit therefore as soon as
practical but not later than 90 days from receipt of the application.
M.
Reconsideration of application. An applicant whose request for a
zoning permit has been denied by the Zoning Officer may make a later
application for a permit provided all deficiencies which were the
basis for the prior denial of the permit have been eliminated. Additional
fees may apply as set by the Board of Supervisors of the Township
of Fairview.
N.
Expiration of zoning permit. Should the applicant fail to commence
work within one year of the date of issuance of the zoning permit,
the permit shall expire; provided, however, that the same may be extended
one time for one additional year, upon written request by the applicant
at least 30 days prior to the permit expiration date, and upon subsequent
approval by the Zoning Officer.
O.
Compliance with this chapter. The permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel, or set aside any of the provisions this chapter, except as stipulated by the Zoning Hearing Board. This shall not relieve the applicant from obtaining any required building permit approvals as required under Chapter 113, relating to code enforcement, Uniform Construction Code.
P.
Compliance with permit and plot/site plan. All work or uses shall
conform to the approved application and plans for which the permit
has been issued as well as the approved plot/site plan.
Q.
Display of zoning permit. All approved zoning permits shall be prominently
displayed on the subject property during construction, renovation,
reconstruction, repair, remodeling or the conduct of other site improvements.
Such permit displays shall occur within five days of permit issuance,
or prior to the commencement of actual work on the site, whichever
occurs first. Such permit display shall be continuous until the site
receives its certificate of use and occupancy.
R.
Inspections. Inspections of the property in question by the Zoning
Officer or other duly appointed official may be required at various
intervals during the construction, renovation, reconstruction, repair,
remodeling or the conduct of other site improvements process. By submitting
an application for a zoning permit, the landowner or applicant authorizes
the Township of Fairview to perform such inspections as required.
A.
It shall be unlawful to use and/or occupy any structure, sign, land
area or portion thereof for which a zoning permit is required until
a certificate of use and occupancy for such activity has been issued
by the Zoning Officer.
B.
The Township of Fairview staff may permit the building permit and
zoning permit application to serve as the application for the certificate
of use and occupancy.
C.
The certificate of use and occupancy shall only be issued by the
Zoning Officer if the Zoning Officer determines that the activity
complies with this chapter, to the best knowledge of the Zoning Officer.
D.
The applicant shall keep a copy of the certificate of use and occupancy
available for inspection.
E.
Upon request of the applicant, the Zoning Officer may issue a temporary
certificate of use and occupancy. Such temporary certificate may permit
an activity to occur in all or part of a structure or on all or part
of the land before the entire work covered by the zoning permit has
been completed:
(1)
However, such temporary certificate shall only be issued if the applicant
proves to the Zoning Officer that the activity or occupancy can occur
safely without endangering public health or safety.
(2)
The temporary certificate shall establish in writing a maximum time
period under which it is valid. A six-month maximum time period shall
apply if not otherwise specified.
(3)
Failure to receive a permanent certificate of use and occupancy within
such time period shall be a violation of this chapter.
(4)
The temporary certificate may be conditioned upon compliance with
certain specific requirements within certain time periods.
F.
The Zoning Officer shall inspect any structure, building, or land within 15 days upon notification that the proposed work that was listed under a zoning permit has been completed and if satisfied that the work is in conformity and compliance with the work listed in the issued permit and all other pertinent laws, he shall issue a certificate of use and occupancy for the intended use listed in the original application. Where a building permit is required under Chapter 113 relating to code enforcement, Uniform Construction Code, a certificate of use and occupancy shall not be issued until a final inspection by the Building Code Official is complete and found to be satisfactory.
A.
A zoning permit for a temporary use or structure (including signs)
may be issued by the Zoning Officer for any of the following:
(1)
Customary, routine and accessory short-term special events, provided
that only a well-established nonprofit organization or a permitted
place of worship proposing a temporary use demonstrates clearly that
the proposed use will primarily serve a charitable, public service
or religious purpose in order to be eligible to receive approval for
commercial or business type activities in a zoning district where
the commercial or business use would not otherwise be permitted;
(2)
Temporary storage and office trailers that are necessary to serve
on-site construction, while such construction is actively underway;
B.
Temporary signs. A temporary moveable sign shall be permitted on
a business, commercial, or industrial property in all zoning districts,
provided the following conditions are met:
(1)
A temporary sign permit shall be secured from the Zoning Officer
for a specific time period.
(2)
The sign shall be permitted for a maximum time period of 15 days
in any one-hundred-eighty-day period.
(3)
The sign shall meet all criteria of the general provisions regulations of Article IX, except that the temporary sign shall not be counted in total sign area.
(4)
The maximum size of the sign shall not exceed five feet by 10 feet.
C.
Time period. The Zoning Officer shall state a reasonable maximum time period on the temporary permit. If no time limit is stated or otherwise specifically provided in Article VII of this chapter, then a one-hundred-eighty-day maximum period shall apply. A temporary permit may be renewed not more than one additional time beyond the initial approval, for just cause.
A.
Use permitted by right. The Zoning Officer shall issue a zoning permit
under this chapter in response to an application for a use that is
"permitted by right" if it meets all of the requirements of this chapter.
B.
Special exception use. A zoning permit under this chapter for a use
requiring a special exception shall be issued by the Zoning Officer
only in response to a written approval by the Zoning Hearing Board,
following a hearing, and compliance with any conditions by the Zoning
Hearing Board and any conditions required by this chapter.
C.
Conditional use. A zoning permit under this chapter for a use requiring
a conditional use shall be issued by the Zoning Officer only in response
to a written approval by the Board of Supervisors of the Township
of Fairview, following a hearing, and compliance with any conditions
by the Board of Supervisors of the Township of Fairview and any conditions
required by this chapter.
D.
Application requiring a variance. A permit under this chapter for
a use requiring a variance shall be issued by the Zoning Officer only
in response to a written approval by the Zoning Hearing Board, following
a hearing, and in compliance with any conditions by the Zoning Hearing
Board.
A.
Submission. All applications for a zoning permit shall be made in
writing on a form provided by the Township of Fairview. Such completed
application, with required fees, shall be submitted to a designated
Township of Fairview official.
B.
Application information. Any application under this chapter shall
include the following information, unless the Zoning Officer determines
such information is unnecessary to determine compliance with this
chapter:
(1)
Address of the lot.
(2)
Name address, and telephone number of the applicant, and of the owner
of the property if different from the applicant.
(3)
Description of the proposed use of the property.
(4)
All other applicable information listed on the official Township
of Fairview application form.
(5)
Such additional information that the Zoning Officer may determine
is reasonably necessary to determine compliance with this chapter.
C.
Plot/site plan. The applicant shall submit a minimum of two copies
of a plot/site plan with the application. The plot/site plan shall
be drawn to scale and show the following:
(1)
The approximate layout of the lot, with lot width, lot area and other
applicable dimensional standards and requirements.
(2)
The total number of lots, units of occupancy, density and proposed
land use(s). If multiple land uses are proposed, the location of each
land use shall be indicated.
(3)
The approximate location and configuration of existing and proposed
buildings, structures, parking compounds, loading areas, streets,
access drives, driveways, alleys, sidewalks, easements, and general
stormwater management facilities and locations, with existing features
clearly distinguished from proposed features.
(4)
Setback lines and yards with notes showing the dimensions of all
structures and buildings from lot lines and street rights-of-way.
(5)
Location of any watercourses and any one-hundred-year floodplain.
D.
Application for zoning permits for nonresidential uses (excluding
demolition permits) shall include the following, unless the Zoning
Officer determines such information is unnecessary to determine compliance
with this section:
(1)
A location map showing the tract to be developed, zoning district
boundaries, adjoining tracts, significant natural features (such as
wetlands, stands of trees, streams, etc.), and streets for a distance
of 200 feet from all tract boundaries.
(2)
A plot/site plan, certified by a qualified professional land surveyor,
engineer or landscape architect licensed and registered to practice
in the Commonwealth of Pennsylvania of the lot showing the location
of all existing and proposed buildings, structures, access drives,
driveways, circulation patterns, curb cuts, and lot access, parking
and loading facilities, screening, fences and walls, buffer yards,
waste disposal or other methods of sewage disposal, other construction
and development features on the lot, and the location of all topographical
features.
(3)
A hours of operation and management plan as required in Article VII of this chapter relating to hours of operation and management plan, as applicable.
(4)
A schematic architectural drawing of the principal building(s) front
facade(s).
E.
Application for zoning permits for signs shall include the following:
(1)
A plot/site plan as required in Subsection C, showing the location of the building, structure or lot to which the sign is to be attached or erected, showing the location and size of other signs on the property, and showing the position of the sign in relation to nearby buildings, thoroughfares, and property lines. Plans shall be drawn to scale.
(2)
A plan showing size and design of sign, materials to be used, colors,
lighting, lettering, method of construction and means of attachment
to the building or ground. Such plans shall be drawn to scale.
(3)
Name of person, firm, corporation or association erecting, altering
or moving the sign.
(4)
Written consent of the owner of the land on which the sign is to
be erected, altered or relocated.
(5)
The following requirements shall be complied with:
F.
Areas subject to flooding. If the proposed development, excavation or construction is located within an area subject to Article VI of this chapter relating to Floodplain Overlay Zoning District (FPO) and to Chapter 151, relating to floodplain management, the information set forth in the applicable sections shall accompany all applications.
G.
The Township of Fairview Building Code ordinance. Where the proposed use is regulated under Chapter 113, relating to code enforcement, Uniform Construction Code, the applicant may submit an application for a building permit concurrently with the zoning permit. A zoning permit will not be issued until satisfactorily meeting the requirements of Chapter 113, relating to code enforcement, Uniform Construction Code.
A.
At least one copy of each zoning permit application and any other
zoning approvals shall be retained in the Township of Fairview files.
B.
PennDOT permit. Where necessary for access onto a state-owned street
or road, a Township of Fairview zoning permit and/or building permit
shall be automatically conditioned upon issuance of a PennDOT Highway
Occupancy Permit.
A.
Revocation. The Zoning Officer shall revoke, withhold or suspend
a permit or approval issued under the provisions of this chapter in
the case of one or more of the following:
(1)
Any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based. (Note:
Title 18 The Pennsylvania Crimes and Offences Code provides for penalties
for providing false information to a municipal employee in the carrying
out of his duties).
(2)
Upon violation of any condition lawfully imposed by the Zoning Hearing
Board for a special exception use or a variance.
(3)
Upon violation of any condition lawfully imposed by the Board of
Supervisors of the Township of Fairview for a conditional use.
(4)
Any work being accomplished or use of land or structures in such
a way that does not comply with this chapter or an approved site plan
or approved permit application.
(5)
Any other just cause set forth in this chapter.
B.
Appeals. A party with legitimate standing or as otherwise provided
by state law, may appeal decisions made under this chapter within
the provisions of the MPC, as amended. Such appeal shall occur within
the time period established by the MPC, as amended.
If an application under this chapter is also be regulated by Chapter 260, relating to subdivision and land development, then any permit or approval under this chapter shall automatically be conditioned upon compliance with the Chapter 260, relating to subdivision and land development. However, if the granting of a variance, special exception or conditional use is necessary, such approval shall be obtained prior to submitting an application for subdivision and/or land development approval.
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Example 1:
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If an applicant applies for a permit for a single-family detached
dwelling on a proposed new lot, the zoning and building permit for
such dwelling shall not be valid until after the lot is granted final
subdivision and land development approval and the lot is officially
recorded by the York County Recorder of Deeds.
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A.
After receiving a proper application, the Zoning Officer within the prescribed time frames set forth in Article XII of this chapter, relating to permits and certificates, shall either:
B.
The only determination by the Zoning Officer that shall be official
shall be a written determination after the Zoning Officer receives
a duly submitted written official application.
C.
Unless other approvals are required prior to the issuance of a permit,
after the permit under this chapter has been issued, the applicant
may undertake the action specified in the permit, in compliance with
other Township of Fairview codes and ordinances. However, it is recommended
that applicants wait 30 days to begin construction if there is a possibility
of an appeal by another party to have the permit revoked. Any commencement
of construction or a use within this thirty-day appeal period shall
be at the risk of the applicant.
A.
Minimum requirements. Where more than one provision of this chapter
controls a particular matter, the provision that is more restrictive
upon uses, structures, and buildings shall apply. The provisions of
this chapter are in addition to any other applicable Township of Fairview
code or ordinance.
B.
Interpretation of this chapter text and boundaries.
(1)
The Zoning Officer shall literally apply the working of this chapter and the location of all zoning district boundaries to applications (see Article III of this chapter relating to zoning districts and map). In any case, the Zoning Officer may also request an advisory opinion from the Township of Fairview Solicitor and/or Township Engineer, or the Zoning Hearing Board Solicitor to aid in the Zoning Officer's determination.
(2)
If an applicant disagrees with the Zoning Officer's determination
and believes that the chapter should be interpreted in the applicant's
favor, the applicant may appeal to the Zoning Hearing Board.
All of the enforcement, violations and penalty provisions of
the MPC, as amended, are hereby incorporated into this chapter by
reference.
A.
Violations. Any person who shall commit or who shall permit any of
the following actions violates this chapter:
(1)
Failure to secure a zoning permit prior to pursuing any activity listed in Article XII of this chapter, relating to permits and certificates.
(2)
Placement of false statements on or omitting relevant information
from an application for a zoning permit.
(3)
Undertaking any action in a manner which does not comply with an
approved zoning permit.
(4)
Violation of any conditions imposed by a decision of the Zoning Hearing
Board in granting a variance, special exception, or other approval.
(5)
Violation of any condition imposed by a decision of the Board of
Supervisors of the Township of Fairview in granting a conditional
use.
B.
Causes of action; enforcement; remedies.
(1)
Enforcement. If it appears to the Township of Fairview that a violation
of this chapter has occurred, the Township of Fairview shall initiate
enforcement proceedings by sending an enforcement notice. Prior to
sending an official enforcement notice, the Zoning Officer may at
his option informally request compliance.
(2)
Enforcement notice. The enforcement notice shall be sent to the owner
of record of the parcel on which the violation has occurred, to any
person who has filed a written request to receive enforcement notices
regarding that parcel, and to any other person requested in writing
by the owner of record. If the owner of record of the parcel of which
the violation has occurred is not to whom the zoning permit was issued,
then the enforcement notice shall also be sent to the person(s) whom
the zoning permit was granted. An enforcement notice shall state the
following, at minimum:
(a)
The name of the owner of record and any other person against
whom the Township of Fairview intends to take action.
(b)
The location and address of the property in violation.
(c)
The specific violation with a description of the requirements
which have not been met, citing in each instance, the applicable provisions
of this chapter.
(d)
The date before which the steps for compliance shall be commenced
and the date before which the steps shall 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 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)
Evidence and fees. In any appeal of an enforcement notice to the
Zoning Hearing Board, the Township of Fairview shall have the responsibility
of presenting its evidence first. Any filing fees paid by a party
to an appeal of an enforcement notice to the Zoning Hearing Board
shall be returned to the appealing party by the Township of Fairview
if the Zoning Hearing Board, or any court in a subsequent appeal,
rules in the appealing party's favor.
(4)
Cause of action. If the enforcement notice is not complied with,
within the specified time period, the Zoning Officer shall notify
the Board of Supervisors of the Township of Fairview. With the consent
of the Board of Supervisors of the Township of Fairview, the Township
of Fairview Solicitor or other officer of the Township of Fairview
may institute any appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure, landscaping or land, or
to prevent in or about such premises, any act, conduct, business or
use constituting a violation.
(5)
Violations and penalties. 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 of Fairview, pay
a judgment of not more than $500 plus all court costs, including the
reasonable attorney's fees incurred by the Township of Fairview
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 of Fairview may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless a 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 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 of Fairview. Imprisonment shall not be
authorized by this chapter.
The Board of Supervisors of the Township of Fairview may, by
ordinance or resolution, establish fees for the administration of
this chapter. All fees shall be determined by a schedule that is made
available to the general public. The Board of Supervisors of the Township
of Fairview may reevaluate the fees schedule and make necessary alterations
to it. Such alterations shall not be considered an amendment to this
chapter and may be adopted at any public meeting of the Board of Supervisors
of the Township of Fairview.
All of the amendment provisions of the MPC, as amended, are
hereby incorporated into this chapter by reference.
A.
Power of amendment. The Board of Supervisors of the Township of Fairview
may, from time to time, amend, supplement, change or repeal this chapter,
including the Official Zoning Map. Any amendment, supplement, change
or repeal may be initiated by the Planning Commission of the Township
of Fairview, the Board of Supervisors of the Township of Fairview,
or by a petition to the Board of Supervisors of the Township of Fairview
by an interested party;
B.
Hearing and enactment procedures for zoning amendments. Before conducting
any hearing and considering enacting any amendment, supplement, change
or repeal to this chapter, including any petitions for text and rezonings
or map changes, the Township shall comply with the procedures and
time frames established by the MPC, as amended.
(1)
Public notice. Before conducting a public hearing, the Board of Supervisors
of the Township of Fairview shall provide public notice as follows:
(a)
The notice shall be published once each week for two successive
weeks in a newspaper of general circulation in the Township. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing. Publication
of the proposed amendment shall include either the full text thereof
or the title and brief summary, prepared by the municipal solicitor
and setting forth all the provisions in reasonable detail;
(b)
For Official Zoning Map amendments, public notice shall also
include the posting of a sign at conspicuous locations along the perimeter
of the subject property; these sign(s) shall be posted at least one
week prior to the hearing and will exhibit the nature, date, time,
municipality, and location of the hearing;
(c)
In addition to the requirement, that notice be posted on the
subject property, where the proposed amendment involves a Zoning Map
change, notice of the public hearing shall be mailed by the Township
of Fairview 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 of Fairview.
The notice shall include the location, date and time of the public
hearing. The provisions of this section shall not apply when the rezoning
constitutes a comprehensive rezoning;
(d)
For curative amendments, public notice shall also indicate that
the validity of this chapter and/or map is in question, and shall
give the a place where and the times when a copy of the request, including
any plans, explanatory material or proposed amendments may be examined
by the public; and
(e)
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 Board of Supervisors of the Township
of Fairview shall hold another public hearing, pursuant to public
notice, before proceeding to vote on the amendment.
(2)
Enactment notice. In addition to the public notice requirements defined
in this section, the Board of Supervisors of the Township of Fairview
must publish a reference to the time and place of the meeting at which
passage of this chapter or amendment will be considered, and a reference
to a place within the Township of Fairview where copies of the proposed
chapter or amendment may be examined without charge, or obtained for
a charge not greater than the cost thereof. Enactment notice shall
be published at least once in one newspaper of general circulation
in the Township of Fairview not more than 60 days nor less than seven
days prior to passage. The published content of the enactment notice
shall be the same as that required for public notice described in
the preceding subsection;
(3)
Planning Commission of the Township of Fairview referrals. For amendments
proposed by interested parties other than the Planning Commission
of the Township of Fairview, the Board of Supervisors of the Township
of Fairview shall submit each amendment at least 30 days prior to
public hearing to the Planning Commission of the Township of Fairview
for review and comment. The Planning Commission of the Township of
Fairview shall submit a report of its review, together with any recommendations,
to the Board of Supervisors of the Township of Fairview within 45
days from the date of said referral. The recommendation of the Planning
Commission of the Township of Fairview may include a specific statement
as to whether or not the proposed amendment is in accordance with
the intent of this chapter and the most recent version of the Fairview
Township Comprehensive Plan, and/or any other applicable plans adopted
by the Township of Fairview. The Board of Supervisors of the Township
of Fairview cannot act upon the amendment until it has received a
recommendation from the Planning Commission of the Township of Fairview;
however, should the Planning Commission of the Township of Fairview
fail to submit its recommendation within 45 days, the Board of Supervisors
of the Township of Fairview may proceed without its recommendation;
(4)
York County Planning Commission referrals. All proposed amendments
shall be submitted to the York County Planning Commission at least
30 days prior to public hearing on such amendments. The York County
Planning Commission may submit recommendations to the Board of Supervisors
of the Township of Fairview within 30 days of such referral. The Board
of Supervisors of the Township of Fairview cannot act upon the amendment
until it has received a recommendation from the York County Planning
Commission; however, should the York County Planning Commission fail
to submit its recommendation within 30 days, the Board of Supervisors
of the Township of Fairview may proceed without its recommendation;
(5)
Adjournment of public hearing. If during the public hearing process,
the Board of Supervisors of the Township of Fairview needs additional
time to understand the proposal, inform the public, receive public
comment, and/or render a decision, it may adjourn the public hearing
to a specific time and place; and
(6)
Within 30 days after enactment, a copy of the amendment to this chapter
shall be forwarded to the York County Planning Commission.
C.
Amendment initiated by a petition from an interested party.
(1)
All petitions for amendment, supplement, change or repeal for a portion
of this chapter shall include but not be limited to:
(a)
A statement of why proposed amendment would be in the best interests
of the Township.
(b)
A statement of how the proposed amendment is in accordance with
the intent of this chapter.
(c)
A statement of how the proposed amendment furthers the objectives
of the most recent version of the Fairview Township Comprehensive
Plan, and/or any other applicable plans adopted by the Township of
Fairview.
(d)
All fee established by Board of Supervisors of the Township
of Fairview shall be paid upon the filing of such petition for change
and for the purpose of defraying the costs of the proceedings prescribed
in this chapter.
(e)
The Township reserves the right to require duplicate sets of
petition materials and request additional information in order to
evaluate the applicability of the petition.
(2)
In addition to the requirements and procedures set forth in Article XII of this chapter relating the amendments, including specific time frames and County Planning reviews, petitions involving rezoning or map change amendments shall also be processed in accordance with the following:
(a)
Purpose of rezoning or map change procedures and requirements.
[1]
The purpose of these rezoning or map change procedures and requirements
is to protect the safety, capacity and efficiency of the Township's
existing infrastructure systems; to maintain fiscal responsibility;
and to uphold the objectives of the most recent version of the Fairview
Township Comprehensive Plan, and/or other applicable plans adopted
by the Township of Fairview.
[2]
Township rezoning or map change recommendations shall be based
on the projected beneficial and/or detrimental effects not only on
the immediate neighborhood, but also on the Township as a whole.
(b)
Request for rezoning or map change. All requests for rezoning
or map change shall be accompanied by a package of the plans, analyses
and reports required below, to demonstrate the compatibility of a
rezoning or map change request.
(c)
Review of request for rezoning or map change package.
[1]
Upon receipt of a request for rezoning or map change package,
the Zoning Officer will review the package for completeness. If the
Zoning Officer finds the submission to be incomplete or insufficient,
the rezoning or map change request package will be returned to the
applicant. When the rezoning or map change request package is found
to be complete by the Zoning Officer, one copy shall be forwarded
to each member of the Board of Supervisors of the Township of Fairview,
Planning Commission of the Township of Fairview, and the York County
Planning Commission. As part of the rezoning or map change request
package, the Township shall consider the motivation and implications
of each plan, analysis, and report.
[2]
The Township shall review and act on the rezoning or map change
request in compliance with the following procedural guidelines:
[a]
The Township shall decide if the proposed rezoning
or map change request is or is not generally consistent with the most
recent version of the Fairview Township Comprehensive Plan, and/or
other applicable plans adopted by the Township of Fairview.
[b]
If the rezoning or map change request is found
to be generally consistent with the most recent version of the Fairview
Township Comprehensive Plan, and/or other applicable plans adopted
by the Township of Fairview, the Township shall consider any projected
beneficial and/or detrimental effects not only on the immediate neighborhood,
but also on the Township as a whole.
[c]
The Board of Supervisors of the Township of Fairview
shall render a decision in favor or not in favor of the rezoning or
map change request proposal. The Township shall compose a brief summary
explanation of its decision and forward the decision and explanation
to the Zoning Officer.
(d)
Rezoning or map change request criteria.
[1]
There are two categories of rezoning or map change requests:
minor and major. Minor and major rezoning or map change requests are
differentiated based on the size of the area to be rezoned and the
anticipated fiscal, physical, environmental and social impacts not
only on the immediate neighborhood, but also on the Township as a
whole.
[2]
Minor rezoning or map change requests. Minor rezoning or map
change requests are expected to have a lesser impact on the traffic,
fiscal resources and existing physical and environmental character
of the Township. The following situations constitute eligibility for
the minor application:
[3]
Major rezoning or map change requests. Any rezoning project that does not meet either of the criteria in Subsection C(2)(d)[2] is a major application.
(e)
Rezoning or map change request package: plans, analyses and
reports.
[1]
All rezoning or map change request shall include a signature
by at least one record owner of the property in question, whose signature
shall be notarized attesting the truth and correctness of all the
facts and information presented in the petition.
[2]
Minor rezoning or map change requests. Plans, analyses and reports
required to be submitted as part of a minor rezoning or map change
requests shall include a scaled plot/site plan certified by a qualified
professional land surveyor, engineer or landscape architect licensed
and registered to practice in the Commonwealth of Pennsylvania and
shall be submitted in accordance with the following:
[a]
Location and identification.
[i]
The name and address of the owner(s) of the tract
(or authorized agent), the developer, and the firm that prepared the
plan.
[ii]
A North arrow, a graphic scale and a written scale.
[iii]
A location map, drawn to a scale of a minimum
of one inch equals 2,000 feet, relating the subdivision and/or development
to at least two intersections of street center lines. The approximate
distance to the intersection of the center lines of the nearest improved
street intersection shall be identified.
[iv]
If the tract of land is located within 200 feet
of a Township or zoning district boundary line(s), the location of
such boundary shall be shown and labeled accordingly.
[v]
The source of title (including the deed, lot, and
plan of record number) to the subject tract.
[vi]
Tax parcel identification number(s) for the subject
tract.
[b]
Existing features.
[i]
Existing contours. York County Geographic Information
System (GIS) topography may be accepted.
[ii]
The following items, when located within the subject
tract, including: the name and approximate location and approximate
dimensions of existing rights-of-way and/or easements relating to
streets, cartways, access drives, driveways, alleys, sidewalks, railroads,
public utilities, stormwater management facilities, telecommunications,
electric, gas, and oil transmission lines. The approximate location
of building and development features, including building and structures,
parking and loading areas, circulation patterns, curb cuts, lot access,
parking stalls, screening, fences and walls, buffer yards, waste disposal
or other methods of sewage disposal, other features; and environmental
and topographic features, including but not limited to, floodplains,
wetlands, mineral extraction sites, woodlands, habitats for threatened
and endangered species, solid waste disposal areas, historic resources,
cemetery or burial sites, archeological sites, or areas with highly
erosive soils.
[iii]
When available, the following items, when located
within 200 feet of the subject tract: the names of adjacent landowners;
names and approximate location and approximate dimensions of existing
rights-of-way and/or easements relating to streets, cartways, access
drives, driveways, alleys, sidewalks, railroads, public utilities,
stormwater management facilities, telecommunications, electric, gas,
and oil transmission lines. The approximate location (and general
uses) of land, buildings, parking and loading areas, floodplains,
and wetlands.
[iv]
If applicable, existing and proposed protective
covenants running with the land.
[c]
Proposed features and plan information.
[i]
The total approximate acreage of the entire existing
tract.
[ii]
The zoning district and lot size and/or density,
and other requirements of the applicable zoning regulations.
[iii]
The approximate layout of the lot(s), with approximate
dimensions, setback lines, yards, etc.
[iv]
The total number of lots, units of occupancy,
density and proposed land use (if multiple land uses are proposed,
the location of each land use shall be indicated).
[v]
The approximate layout of streets, alleys, and
sidewalks, including cartway and right-of-way widths.
[vi]
The approximate location and configuration of
proposed uses, building and structures, parking and loading areas,
circulation patterns, curb cuts and lot access, parking stalls, screening,
fences and walls, buffer yards, waste disposal or other methods of
sewage disposal, general stormwater management facilities and locations,
easements, and other features.
[vii]
A note on the plan indicating the types of sewer
or water facilities to be provided.
[d]
A schematic architectural drawing of the principal
building(s) front facade(s).
[e]
Additional information. The Township reserves the
right to request additional information as part of the rezoning or
map change request process in order to evaluate the applicability
of the rezoning or map change request.
[3]
Major rezoning or map change requests. Plans, analyses and reports
required to be submitted as part of a major rezoning or map change
requests shall include:
[a]
All of the plans, analyses, and reports for set
forth above for minor rezoning or map change requests.
[b]
Site conditions report. The applicant shall describe
the following existing characteristics about the site proposed for
development.
[i]
Total site acreage.
[ii]
Existing zoning district(s), land use(s) and covenants.
[iii]
Existing land characteristics, including general
topographic form, site accessibility, length of public road frontage,
pattern and density of vegetative cover, significant adjacent and
long-range views to and from the site, and hydrological patterns.
[iv]
Relationship of proposed development to adjacent,
existing and proposed community facilities which serve or influence
the site; available utilities; number of lots and acreage; business
areas; playgrounds; main traffic thoroughfares; elementary and high
schools; and street improvements.
[v]
Reservations, if any, by the landowner and/or developer
of any area designed for use as public grounds shall be suitable size
and location for designated uses.
[vi]
Land which is subject to flooding or subsidence
either shall be made safe for the purpose for which such land is proposed
to be used, or that such land shall be set aside for use which shall
not endanger life or lot, or further aggravate or increase existing
menace.
[vii]
A copy of the option agreement or certificate
of title shall be submitted as evidence of the applicant's interest
in the lot.
[c]
Infrastructure demand statement. The infrastructure
demand statement shall be submitted to the Township containing the
following information:
[i]
Predevelopment data for overall demand.
[ii]
Estimated gallons of sanitary sewage created per
average day.
[iii]
Estimated gallons of potable water consumed/utilized
per average day.
[iv]
Estimated number of school age children.
[v]
Estimated total residents, occupants, patrons,
and/or employees, as applicable.
[d]
Post-development data for overall demand.
[e]
Fiscal impact analysis. An evaluation providing
the following information shall be completed:
[i]
Potential Township and school district tax generation
of the proposed development.
[ii]
Population projections including the number of
school-aged children at build-out of the proposed development.
[iii]
Length of road to be dedicated to the Township.
[iv]
Length of sewer and water lines to be dedicated
to the Township.
[v]
The Township will evaluate the proposed development
of the proposed zoning in relationship to the potential development
in the existing zoning.
[f]
Additional information. The Township reserves the
right to request additional information as part of the rezoning or
map change request review and approval process in order to evaluate
the applicability of the rezoning or map change request, including
but not limited to:
[i]
Environmental impacts that are likely to be generated
(e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical
disturbance, wastewater, stormwater, solid waste, etc.) and specific
measures employed to mitigate or eliminate any negative impacts;
[ii]
Traffic impact studies in accordance with Chapter 260, relating to subdivision and land development; and/or
[iii]
Phase I environmental assessments.
D.
Curative amendments by a landowner or by the Board of Supervisors
of the Township of Fairview. The procedures for curative amendments
shall be in accordance with the MPC, as amended.
E.
Authentication of Official Zoning Map. Whenever there has been a
change in the boundary of a zoning district or a reclassification
of the zoning district adopted in accordance with the above, the change
on the Official Zoning Map shall be made, and shall be duly certified
by the designated Township of Fairview official and shall thereafter
be re-filed as part of the permanent records of the Township of Fairview.
All of the Zoning Hearing Board provisions of the MPC, as amended,
are hereby incorporated into this chapter by reference.
A.
Establishment and membership.
(1)
There shall be a Zoning Hearing Board of the Township of Fairview,
which shall consist of three members who shall be appointed by resolution
by the Board of Supervisors of the Township of Fairview. The membership
of the Zoning Hearing Board of the Township of Fairview shall consist
of residents of Fairview Township. Their terms of office shall be
three years and shall be so fixed that the term of office of one member
shall expire each year. The Zoning Hearing Board of the Township of
Fairview shall promptly notify the Township of Fairview 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 of the Township
of Fairview shall hold no other elected or appointed office in the
Township nor shall any member be an employee of the Township.
(2)
The Board of Supervisors of the Township of Fairview may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the Zoning Hearing Board of the Township of Fairview. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of this section, an alternate shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board of the Township of Fairview to the same and full extent as provided by law for Zoning Hearing Board of the Township of Fairview members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Township of Fairview, including membership on the Planning Commission of the Township of Fairview and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Zoning Hearing Board of the Township of Fairview, but shall not be entitled to vote as a member of the Zoning Hearing Board of the Township of Fairview nor be compensated, unless designated as a voting alternate member pursuant to Subsection B.
(3)
Any member of the Zoning Hearing Board of the Township of Fairview
may be removed for malfeasance, misfeasance, or nonfeasance in office
or for other just cause by a majority vote of the Board of Supervisors
of the Township of Fairview taken after the member has received 15
days' advance notice of the intent to take such a vote. A hearing
shall be held in connection with the vote if the member shall request
it in writing.
B.
Organization of Zoning Hearing Board of the Township of Fairview.
The Zoning Hearing Board of the Township of Fairview shall elect from
its own membership its officers, who shall serve annual terms as such
and may succeed themselves. For the conduct of any hearing and the
taking of any action, a quorum shall be not less than a majority of
all members of the Zoning Hearing Board of the Township of Fairview,
but the Zoning Hearing Board of the Township of Fairview may appoint
a hearing officer from its own membership to conduct any hearing on
its behalf and the parties may waive further action by the Zoning
Hearing Board of the Township of Fairview, as provided in Subsection.
D(2), if, by reason of absence or disqualification of a member, a
quorum is not reached, the Chairman of the Zoning Hearing Board of
the Township of Fairview shall designate as many alternate members
of the Zoning Hearing Board of the Township of Fairview to sit on
the Zoning Hearing Board of the Township of Fairview as may be needed
to provide a quorum. Any alternate member of the Zoning Hearing Board
of the Township of Fairview shall continue to serve on the Zoning
Hearing Board of the Township of Fairview in all proceedings involving
the matter or case for which the alternate was initially appointed
until the Zoning Hearing Board of the Township of Fairview has made
a final determination of the matter or case. Designation of an alternate
pursuant to this section shall be made on a case-by-case basis in
rotation according to declining seniority among all alternates. The
Zoning Hearing Board of the Township of Fairview may make, alter,
and rescind rules and forms for its procedure, consistent with codes
or ordinances of the Township of Fairview and laws of the commonwealth.
The Zoning Hearing Board of the Township of Fairview shall keep full
public records of its business, which records shall be the property
of the Township of Fairview, and shall submit a report of its activities
to the Board of Supervisors of the Township of Fairview upon request.
C.
Expenditures for services. Within the limits of funds appropriated by the Board of Supervisors of the Township of Fairview, the Zoning Hearing Board of the Township of Fairview may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Zoning Hearing Board of the Township of Fairview may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors of the Township of Fairview. Alternate members of the Zoning Hearing Board may receive compensation, as may be fixed by the Board of Supervisors of the Township of Fairview, for the performance of their duties when designated as alternate members pursuant to Subsection A, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members by the Board of Supervisors of the Township of Fairview.
D.
Hearings.
(1)
The Zoning Hearing Board of the Township of Fairview shall conduct
hearings and make decisions in accordance with the following requirements:
(a)
Public notice (as defined herein this chapter) shall be provided.
In addition, the Zoning Hearing Board of the Township of Fairview
shall notify in writing by mail the applicant, Zoning Officer, and
other such persons, whether owners or tenants of property located
within 200 feet of the subject property for which the application
was submitted, and every other person or organization who shall have
registered with the Zoning Hearing Board of the Township of Fairview
for the purposes of receiving such notices. Such mailed notices shall
state the location of the site and the nature of the request. It shall
also state the time, date, and location of the proposed hearing. In
addition to the written notice provided herein, written notice of
said hearing shall be conspicuously posted on the affected tract of
land at least one week prior to the hearing;
(b)
The Board of Supervisors of the Township of Fairview may prescribe
reasonable fees with respect to hearing before the Zoning Hearing
Board of the Township of Fairview. Fees for said hearings may include
compensation for the secretary and members of the Zoning Hearing Board
of the Township of Fairview, notice and advertising costs and necessary
administrative overhead connected with the hearing. The costs, however,
shall not include legal expenses of the Zoning Hearing Board of the
Township of Fairview, expenses for engineering, architectural or other
technical consultants or expert witness costs;
(c)
The first hearing before the Zoning Hearing Board of the Township
of Fairview or hearing officer shall be commenced within 60 days from
the date of receipt of the applicant’s application, unless the
applicant has agreed in writing to an extension of time. An application
shall not be considered complete and no time frame as provided herein
shall commence to run until the date the requisite fee has been received
by the Township. Each subsequent hearing before the Zoning Hearing
Board of the Township of Fairview or hearing officer shall be held
within 45 days of the prior hearing, unless otherwise agreed to by
the applicant in writing or on the record. An applicant shall complete
the presentation of its case-in-chief within 100 days of the first
hearing. Upon the request of the applicant, the Zoning Hearing Board
of the Township of Fairview or hearing officer shall assure that the
applicant receives at least seven hours of hearing within the 100
days, including the first hearing. Persons opposed to the application
shall complete the presentation of their opposition to the application
within 100 days of the first hearing held after the completion of
the applicant’s case-in-chief. An applicant may, upon request,
be granted additional hearings to complete its case-in-chief provided
the persons opposed to the application are granted an equal number
of additional hearings to complete their opposition to the application,
provided the applicant is granted an equal number of additional hearings
for rebuttal.
[Amended 1-25-2016 by Ord. No. 2016-1]
(2)
The hearings shall be conducted by the Zoning Hearing Board of the
Township of Fairview or the Zoning Hearing Board of the Township of
Fairview may appoint any member or an independent attorney as a hearing
officer. The decision, or, where no decision is called for, the findings
shall be made by the Zoning Hearing Board of the Township of Fairview;
however, the appellant or the applicant, as the case may be, in addition
to the Township of Fairview, may, prior to the decision of the hearing,
waive decisions or findings by the Zoning Hearing Board of the Township
of Fairview and accept the decision or findings of the hearing officer
as final;
(3)
The parties to the hearing shall be the Township of Fairview, any
person affected by the application who has made timely appearance
of record before the Zoning Hearing Board of the Township of Fairview,
and any other person, including civic or community organizations permitted
to appear by the Zoning Hearing Board of the Township of Fairview.
The Zoning Hearing Board of the Township of Fairview shall have power
to require that all persons who wish to be considered parties enter
appearances in writing on forms provided by the Zoning Hearing Board
of the Township of Fairview for that purpose;
(4)
The Chairman or acting Chairman of the Zoning Hearing Board of the
Township of Fairview or the hearing officer presiding shall have power
to administer oaths and issue subpoenas to compel the attendance of
witnesses and the production of relevant documents and papers, including
witnesses and documents requested by the parties;
(5)
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues;
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
and unduly repetitious evidence may be excluded;
(7)
The Zoning Hearing Board of the Township of Fairview or the hearing
officer, as the case may be, shall keep a stenographic record of the
proceedings. The appearance fee for a stenographer shall be shared
equally by the applicant and the Zoning Hearing Board of the Township
of Fairview. The cost of the original transcript shall be paid by
the Zoning Hearing Board of the Township of Fairview if the transcript
is ordered by the Zoning Hearing Board of the Township of Fairview
or hearing officer; or shall be paid by the person appealing the decision
of the Zoning Hearing Board of the Township of Fairview if such appeal
is made, and in either event the cost of additional copies shall be
paid by the person requesting such copy or copies. In other cases,
the party requesting the original transcript shall bear the cost thereof;
(8)
The Zoning Hearing Board of the Township of Fairview or the hearing
officer shall not communicate, directly or indirectly, with any party
or his representatives in connection with any issue involved except
upon notice and opportunity for all parties to participate, shall
not take notice of any communication, reports, staff memoranda, or
other materials, except advice from their solicitor, unless the parties
are afforded an opportunity to contest the materials so noticed and
shall not inspect the site or its surroundings after the commencement
of hearings with any party or his representative unless all parties
are given an opportunity to be present;
(9)
The Zoning Hearing Board of the Township of Fairview or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Zoning Hearing Board of the Township of Fairview or hearing officer. Where the application is contested or denied, each decision shall be accompanied by the findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of this or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Zoning Hearing Board of the Township of Fairview shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Zoning Hearing Board of the Township of Fairview prior to final decision or entry of findings, and the Zoning Hearing Board of the Township of Fairview's decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under Article IX of the MPC, as amended, where the Zoning Hearing Board of the Township of Fairview fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in Subsection D, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Zoning Hearing Board of the Township of Fairview to meet or render a decision as hereinabove provided, the Zoning Hearing Board of the Township of Fairview shall give public notice of said decision with 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection D. If the Zoning Hearing Board of the Township of Fairview shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal;
(10)
A copy of the final decision or, where no decision is called
for, of the findings shall be delivered to the applicant personally
or mailed to him not later than the next business day following its
date. To all other persons who have filed their name and address with
the Zoning Hearing Board of the Township of Fairview not later than
the last day of the hearing, the Zoning Hearing Board of the Township
of Fairview shall provide, by mail or otherwise, brief notice of the
decision or findings and a statement of the place at which the full
decision or findings may be examined; and
(11)
Effect of Zoning Hearing Board of the Township of Fairview's
decision.
(a)
If the variance or special exception is granted or the issuance
of a permit is approved, or other action by the appellant is authorized,
the necessary permit shall be secured and the authorized action begun
within two years after the date when the variance or special exception
is finally granted, or the issuance of a permit is finally approved,
or the other action by the appellant is authorized, and the building
or alteration, as the case may be, shall be completed within three
years of said date. For good cause, the Zoning Hearing Board of the
Township of Fairview may at any time, upon application in writing
extend either of these deadlines;
(b)
Should the appellant or applicant fail to obtain the necessary
permits within said two-year-period, or having obtained the permit,
should he fail to commence work thereunder within such two-year-period,
it shall be conclusively presumed that the appellant or applicant
has waived, withdrawn, or abandoned his appeal or his application,
and all provisions, variances and permits granted to him shall be
deemed automatically rescinded by the Zoning Hearing Board of the
Township of Fairview;
(c)
Should the appellant or applicant commence construction or alteration
within said two-year-period, but should he fail to complete such construction
or alteration within said three-year-period, the Zoning Hearing Board
of the Township of Fairview may, upon 10 days' notice in writing,
rescind or revoke the granted variance or special exception, or the
issuance of the permit, or permits, or the other action authorized
to the appellant or applicant, if the Zoning Hearing Board of the
Township of Fairview finds that no good cause appears for the failure
to complete within such three-year-period, and if the Zoning Hearing
Board of the Township of Fairview further finds that conditions have
so altered or changed in the interval since the granting of the variance,
permit or action, that revocation or rescission of the action is justified;
and
(d)
As an alternative to the preceding, an applicant can request,
as part of the original application before the Zoning Hearing Board
of the Township of Fairview, the granting of a timetable associated
with the request which would supersede the deadlines imposed. In so
doing, the applicant must demonstrate that the times requested are
logically related to normal and expected progress of the project.
In approving a timetable under this section, the Zoning Hearing Board
of the Township of Fairview must establish and bind a definite time
frame for: issuance of a zoning permit; and completion of construction
of the project.
E.
Zoning Hearing Board of the Township of Fairview's functions.
The Zoning Hearing Board of the Township of Fairview shall have the
exclusive jurisdiction to hear and render decisions in the following
matters:
(1)
Substantive challenges to the validity of this chapter, except those
brought before the Board of Supervisors of the Township of Fairview
pursuant to Section 916.1(a)(2) of the MPC, as amended.[1]
(a)
If a challenge heard by a Zoning Hearing Board of the Township
of Fairview is found to have merit, the decision of the Zoning Hearing
Board of the Township of Fairview shall include recommended amendments
to the challenged chapter which will cure the defects found. In reaching
its decision, the Zoning Hearing Board of the Township of Fairview
shall consider the 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 Official Zoning Map;
[3]
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodland, 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 nature 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)
The Zoning Hearing Board of the Township of Fairview shall commence
its hearings within 60 days after the request is filed unless the
landowner requests or consents to an extension of time; and
(d)
The Zoning Hearing Board of the Township of Fairview shall render
its decision with 45 days after the conclusion of the last hearing.
If the Board falls to act on the landowner's request within this
time limit a denial of the request is deemed to have occurred on the
46th day after the close of the last hearing.
[1]
Editor's Note: See 53 P.S. § 10916.1(a)(2).
(2)
Challenges to the validity of this chapter, raising procedural questions
or alleged defects in the process of enactment or adoption, which
challenges shall be raised by an appeal taken within 30 days after
the effective date of this chapter;
(3)
Special exceptions as provided for in this chapter and subject to
all applicable requirements, including but not limited to:
(a)
Filing requirements. In addition to the required zoning permit
information, each special exception application shall include the
following:
[1]
Ground floor plans and elevations of proposed structures;
[2]
Names and address of abutting property owners, including properties
directly across a public right-of-way;
[3]
A scaled drawing (plot/site plan) of the site with sufficient
detail and accuracy to demonstrate compliance with all applicable
provisions of this chapter; and
[4]
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter.
(b)
General criteria. Each applicant shall demonstrate compliance
with the following:
[1]
The proposed use shall be consistent with the purpose and intent
of this chapter;
[2]
The proposed use shall not detract from the use and enjoyment
of adjacent or nearby properties;
[3]
The proposed use will not substantially change the character
of the subject property's neighborhood;
[4]
Adequate public facilities are available to serve the proposed
use (e.g., schools, fire, police and ambulance protection, sewer,
water and other utilities, vehicular access, etc.);
[6]
The proposed use shall comply with those criteria specifically listed in Article X of this chapter, relating to specific and supplemental regulations for specific uses. In addition, the proposed use shall comply with all other applicable regulations contained in this chapter; and
[7]
The proposed use will not substantially impair the integrity
of the most recent version of the Fairview Township Comprehensive
Plan, and/or any other applicable plans adopted by the Township of
Fairview.
(c)
Conditions. The Zoning Hearing Board of the Township of Fairview,
in approving special exception applications, may attach conditions
considered necessary to protect the public welfare and the purposes
listed above, including conditions which are more restrictive than
those established for other uses in the same zoning district. The
conditions shall be enforceable by the Zoning Officer and failure
to comply with such conditions shall constitute a violation of this
chapter and,
(d)
Plot/site plan approval. Any plot/site plan presented in support of the special exception pursuant to Subsection E(1)(a)[3] shall become an official part of the record for said special exception. Approval of any special exception will also bind the use in accordance with the submitted plot/site plan; therefore, should a change in the plot/site plan be required as part of the approval of the use, the applicant shall revise the plot/site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved plot/site plan, shall require the obtainment of another special exception approval.
(4)
Variances. The Zoning Hearing Board of the Township of Fairview shall
hear requests for variances where it is alleged that the provisions
of this chapter inflict unnecessary hardship upon the applicant. The
Zoning Hearing Board of the Township of Fairview may, by rule, prescribe
the form of application to the Zoning Officer. The Zoning Hearing
Board of the Township of Fairview may grant a variance, provided that
all of the following findings are made, where relevant in a given
case:
(a)
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical or other physical conditions peculiar
to the particular property and the unnecessary hardship is due to
such conditions, and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or zoning
district in which the property is located;
(b)
That because of such physical circumstances or conditions, there
is not a 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 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 zoning district or neighborhood in which the property
is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, and will not be detrimental
to the public welfare;
(e)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulations in issue;
(g)
Filing requirements. In addition to the required zoning permit,
each variance application shall include the following:
[1]
Ground floor plans and elevations of existing and/or proposed
structures;
[2]
Names and addresses of adjoining property owners, including
properties directly across a public right-of-way;
[3]
A scaled drawing (plot/site plan) of the site with sufficient
detail and accuracy to demonstrate compliance with all applicable
provisions of this chapter; and
[4]
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter.
(h)
Conditions. The Zoning Hearing Board of the Township of Fairview,
in approving variance applications, may attach conditions considered
necessary to protect the public welfare and the purposes listed above,
including conditions which are more restrictive than those established
for other uses in the same zoning district. These conditions shall
be enforceable by the Zoning Officer and failure to comply with such
conditions will constitute a violation of this chapter; and
(i)
Plot/site plan approval. Any plot/site plan presented in support of the variance pursuant to Subsection E(4)(g)[3] shall become an official part of the record for said variance. Approval of any variance will also bind the use in accordance with the submitted plot/site plan; therefore, should a change in the plot/site plan be required as part of the approval of the use, the applicant shall revise the plot/site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved plot/site plan shall require the obtainment of another variance approval.
(5)
Appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit, or failure
to act on the application therefor, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure, and/or lot;
(6)
Appeals from the determination of any officer or agency charged with
the administration of any transfers of development rights or performance
density provisions of this chapter;
(8)
Appeals from the determination of the Zoning Officer or municipal
engineer in the administration of any land use ordinance with reference
to sedimentation and erosion control, and/or stormwater management
for applications not involving a subdivision/land development.
F.
Parties appellant before the zoning hearing board of the Township of Fairview. Appeals under Subsections E(5), (6), (7), and (8), and proceedings to challenge this chapter under Subsection E may be filed with the Zoning Hearing Board of the Township of Fairview in writing by the landowner affected, any officer or agency of the Township of Fairview, or any person aggrieved. Requests for a variance or a special exception may be filed with the Zoning Hearing Board of the Township of Fairview by any landowner or any tenant with the permission of such landowner. Any appeal shall state:
(1)
The name and address of the appellant and applicant;
(2)
The name and address of the landowner of the real estate to be affected;
(3)
A brief description and location of the real estate to be affected
by such proposed change, together with a plot/site plan drawn to scale
with sufficient clarity to show the nature and character of the request;
(4)
A statement of the present zoning classification of the real estate
in question, the improvements thereon, and the present use thereof;
and
(5)
A statement of the section of this chapter under which the request
may be allowed, and reasons why it should, or should not be granted.
G.
Time limitations.
(1)
No person shall be allowed to file any proceeding with the Zoning
Hearing Board of the Township of Fairview later than 30 days after
an application for development, preliminary or final, has been approved
by the Zoning Officer or the agency responsible for granting such
approval if such proceeding is designed to secure reversal or to limit
the approval in any manner unless such person alleges and proves that
he had no notice or knowledge, or reason to believe that such approval
had been given. If such person has succeeded to his interest after
such approval, he shall be bound by the knowledge of his predecessor
in interest.
(2)
The failure of anyone other than the landowner to appeal from an
adverse decision by the Zoning Officer a challenge to the validity
of this chapter or the Official Zoning Map pursuant to Section 916.2
of the MPC, as amended,[3] shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative preliminary approval.
[3]
Editor's Note: See 53 P.S. § 10916.2.
H.
Stay of proceeding.
(1)
Upon filing of any proceeding referred to in Subsection F above and during its pendency before the Zoning Hearing Board of the Township of Fairview, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Zoning Hearing Board of the Township of Fairview facts indicating that such stay would cause imminent peril to life or property, in which case, the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Hearing Board of the Township of Fairview or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Zoning Hearing Board of the Township of Fairview by person other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such person to post bond as a condition to continuing the proceedings before the Zoning Hearing Board of the Township of Fairview. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee but such waiver may be revoked by him if an appeal is taken from a final decision of the court. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.
(2)
If an appeal is taken by a respondent to the petition for a bond
from an order of the court dismissing a zoning appeal for refusal
to post a bond and the appellant court sustains the order of the court
below to post a bond, the respondent to the petition for a bond, upon
motion of the petitioner and after hearing in the court having jurisdiction
of zoning appeals, shall be liable for all reasonable costs, expenses,
and attorney fees incurred by the petitioner.
I.
Appeals. Any person, taxpayer, or the Township of Fairview aggrieved
by any decision of the Zoning Hearing Board of the Township of Fairview
may within 30 days after such decision of the Zoning Hearing Board
of the Township of Fairview seek review by the Court of Common Pleas
of such decision in the manner provided by the laws of the Commonwealth
of Pennsylvania and the MPC, as amended.
A.
Filing of conditional use. For any use permitted by conditional use,
a conditional use shall be obtained from the Board of Supervisors
of the Township of Fairview. In addition to the information required
on the zoning permit application, the conditional use application
shall show:
(1)
Ground floor plans and elevations of proposed structures;
(2)
Names and address of abutting property owners, including properties
directly across a public right-of-way;
(3)
A scaled drawing (site/plot plan) of the site with sufficient
detail and accuracy to demonstrate compliance with all applicable
provisions of this chapter; and
(4)
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter;
(5)
General criteria. Each applicant shall demonstrate compliance
with the following:
(a)
The proposed use shall be consistent with the purpose and intent
of this chapter;
(b)
The proposed use shall not detract from the use and enjoyment
of adjacent or nearby properties;
(c)
The proposed use will not substantially change the character
of the subject property's neighborhood;
(d)
Adequate public facilities are available to serve the proposed
use (e.g., schools, fire, police and ambulance protection, sewer,
water and other utilities, vehicular access, etc.);
(f)
The proposed use shall comply with those criteria specifically listed in Article X of this chapter. In addition, the proposed use shall comply with all other applicable regulations contained in this chapter; and
(g)
The proposed use will not substantially impair the integrity
of the most recent version of the Fairview Township Comprehensive
Plan, and/or any other applicable plans adopted by the Township of
Fairview.
B.
Conditions. The Board of Supervisors of the Township of Fairview,
in approving conditional use applications, may attach conditions considered
necessary to protect the public welfare and the purposes listed above,
including conditions which are more restrictive than those established
for other uses in the same zoning district. These conditions shall
be enforceable by the Zoning Officer, and failure to comply with such
conditions shall constitute a violation of this chapter;
C.
Plot/site plan approval. Any plot/site plan presented in support of the conditional use pursuant to Subsection A(1) shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted plot/site plan; therefore, should a change in the plot/site plan be required as part of the approval of the use, the applicant shall revise the plot/site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved plot/site plan shall require the obtainment of another conditional use approval;
D.
Hearing procedures.
(1)
Before voting on the approval of a conditional use, the Board
of Supervisors of the Township of Fairview shall hold a public hearing
thereon, pursuant to public notice. The Board of Supervisors of the
Township of Fairview shall submit each such application to the Planning
Commission of the Township of Fairview at least 30 days prior to the
hearing held upon an application to provide the Planning Commission
of the Township of Fairview an opportunity to submit recommendations.
If, after any public hearing held upon an application, the proposed
application is revised, the Board of Supervisors of the Township of
Fairview shall hold another public hearing, pursuant to public notice,
before proceeding to vote on the application;
(2)
Public notice, as defined herein this chapter, shall be provided.
In addition, the Board of Supervisors of the Township of Fairview
shall notify in writing by mail the applicant, Zoning Officer, and
other such persons, whether owners or tenants of property located
within 200 feet of the subject property for which the application
was submitted, and every other person or organization who shall have
registered with the Township for the purposes of receiving such notices,
and other persons as the Board of Supervisors of the Township of Fairview
shall designate by ordinance, and to any person who has made timely
request for the same. Written notices shall be given at such time
and in such manner as shall be prescribed by ordinance or, in the
absence of ordinance provisions, by rules of the Board of Supervisors
of the Township of Fairview. In addition to the written notice provided
herein, written notice of said hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing;
(3)
The Board of Supervisors of the Township of Fairview may prescribe
reasonable fees with respect to hearings. Fees for said hearings may
include compensation for the secretary, notice and advertising costs,
and necessary administrative overhead connected with the hearing.
The costs, however, shall not include legal expenses, expenses for
engineering, architectural, or other technical consultants, or expert
witness costs;
(4)
The parties to the hearing shall be the Township of Fairview,
any person affected by the application who has made timely appearance
of record before the Board of Supervisors of the Township of Fairview,
and any other person, including civic or community organizations permitted
to appear by the Board of Supervisors of the Township of Fairview.
The Board of Supervisors of the Township of Fairview shall have power
to require that all persons who wish to be considered parties enter
appearance in writing on forms provided by the Board of Supervisors
of the Township of Fairview for that purpose;
(5)
The Chairman or Acting Chairman of the Board of Supervisors
of the Township of Fairview shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant documents and paper, including witnesses and documents
requested by the parties;
(6)
The parties shall have the right to be represented by counsel
and shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues;
(7)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded;
(8)
The Board of Supervisors of the Township of Fairview may keep
a stenographic record of the proceedings. The appearance fee for a
stenographer shall be shared equally by the applicant and the Board
of Supervisors of the Township of Fairview. The cost of the original
transcript shall be paid by the Board of Supervisors of the Township
of Fairview if the transcript is ordered by the Board of Supervisors
of the Township of Fairview; or shall be paid by the person appealing
the decision of the Board of Supervisors of the Township of Fairview
if such appeal is made, and in either event, the cost of additional
copies shall be paid by the person requesting such copy or copies.
In other cases, the party requesting the original transcript shall
bear the cost thereof; and
(9)
The Board of Supervisors of the Township of Fairview shall not
communicate, directly or indirectly, with any party or his representatives
in connection with any issue involved except upon notice and opportunity
for all parties to participate, shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
solicitor, unless parties are afforded an opportunity to contest the
material so noticed and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present,
(10)
The hearing shall be conducted by the Board of Supervisors of
the Township of Fairview or the Board of Supervisors of the Township
of Fairview may appoint any member or an independent attorney as a
hearing officer. The decision, or, where there is no decision, the
findings shall be made by the Board of Supervisors of the Township
of Fairview. However, the appellant or the applicant, as the case
may be, in addition to the Township of Fairview, may, prior to the
decision of the hearing, waive decision or findings by the Board of
Supervisors of the Township of Fairview and accept the decision or
findings of the hearing officer as final.
(11)
The Board of Supervisors of the Township of Fairview shall render
a written decision or, when no decision is called for, make written
finds on the conditional use application within 45 days after the
last hearing before the Board of Supervisors of the Township of Fairview.
Where the application is contested or denied, each decision shall
be accompanied by findings of fact or conclusions based thereon, together
with any reasons therefor. Conclusions based on any provisions of
this chapter or of any ordinance, rule or regulation shall contain
a reference to the provision relied on and the reasons way the conclusion
is deemed appropriate in the light of the facts found.
(12)
Where the Board of Supervisors of the Township of Fairview fails to render the decision within the period required by this article or fails to commence, conduct or complete the required hearing as provided in § 300-99D(1)(c), the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record of an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board of Supervisors of the Township of Fairview to meet or render a decision as hereinabove provided, the Board of Supervisors of the Township of Fairview shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this Article XII of this chapter. If the Board of Supervisors of the Township of Fairview shall fail to provide such notice, the applicant may do so.
[Amended 1-25-2016 by Ord. No. 2016-1]
E.
Time limitation.
(1)
If a conditional use is granted, the necessary permit shall
be secured and the authorized action begun within two years after
the date when the conditional use is finally granted, and the building
or alteration, as the case may be, shall be completed within three
years of said date. For good cause, the Board of Supervisors of the
Township of Fairview may at any time, upon application in writing,
extend either of these deadlines;
(2)
Should the appellant or applicant fail to obtain the necessary
permits within said two-year period, or having obtained the permit,
should he fail to commence work thereunder within such two-year period,
it shall be conclusively presumed that the appellant or applicant
has waived, withdrawn, or abandoned his application, and all approvals
and permits granted to him shall be deemed automatically rescinded
by the Board of Supervisors of the Township of Fairview;
(3)
Should the appellant commence construction or alteration within
said two-year period, but should he fail to complete such construction
or alteration within said three-year period, the Board of Supervisors
of the Township of Fairview may, upon 10 days' notice in writing,
rescind or revoke the granted conditional use, if the Board of Supervisors
of the Township of Fairview finds that no good cause appears for the
failure to complete within such three-year period, and if the Board
of Supervisors of the Township of Fairview further finds that conditions
have altered or changed in the interval since the granting of the
conditional use that revocation or rescission of the action is justified;
and
(4)
As an alternative to the preceding, an applicant can request, as part of the original application before the Board of Supervisors of the Township of Fairview, the granting of a timetable associated with the request which would supersede the deadlines imposed in this Article XII of this chapter. In so doing, the applicant must demonstrate that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this section, the Board of Supervisors of the Township of Fairview must establish and bind a definite time frame for: issuance of a zoning permit; and completion of construction of the project.
