1.
For the administration of this Chapter, a Zoning Officer, who shall
not hold any elective office in the Township of Susquehanna, shall
be appointed.
2.
The Zoning Officer shall meet the qualifications established by the
Township and shall be able to demonstrate to the satisfaction of the
Township a working knowledge of municipal zoning.
3.
The Zoning Officer shall administer this Chapter in accordance with
its literal terms, and shall not have the power to permit any construction
or any use or change of use which does not conform to this Chapter.
4.
The Zoning Officer is hereby authorized to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of employment.
It shall be the duty of the Zoning Officer to enforce the provisions
of this Chapter and such power and authority as is necessary for enforcement
is hereby conferred upon the Zoning Officer. The Zoning Officer shall
examine all applications for permits, issue permits for construction
and uses which are in accordance with the requirements of this Chapter,
record and file all applications for permits with accompanying plans
and documents and make such reports as the governing body may require.
Permits for construction and uses which are a special exception or
a variance to requirements of this Chapter shall be issued only upon
written order of the Zoning Hearing Board. Permits for construction
and uses which are a conditional use shall be issued only upon written
order of the Board of Commissioners.
1.
A building and/or zoning permit shall be required prior to the following
activities: (a) the erection, addition or alteration of any building
or portion thereof; (b) the use or change in use of a building or
land; and (c) the change or extension of a nonconforming use. It shall
be unlawful for any person to commence work for the erection or alteration
of any building or for a change in land use, until a permit has been
duly issued.
2.
Application for Permits. All applications for permits shall be accompanied
by plans in duplicate, drawn to scale, showing the actual shape and
dimensions of the lot to be built upon, the exact size and location
of any buildings existing on the lot, the lines within which the proposed
building or structure shall be erected or altered, the existing and
intended use of each building or part of a building, the number of
families or dwelling units the building is designed to accommodate
and such information as may be necessary to determine compliance with
this Chapter and all other ordinances. One copy of such plans shall
be returned to the owner when such plans have been reviewed and acted
upon by the Zoning Officer. All applications with accompanying plans
and documents shall become a public record after a permit is issued
or denied.
3.
Issuance of Permits. No permit shall be issued until the Zoning Officer
has certified that the proposed building, addition or alteration,
complies with all the provisions of this Chapter, as well as the provisions
of all other applicable ordinances. A permit issued hereunder shall
become void 12 months after issuance date, unless a request for extension
has been submitted to and approved by the Zoning Officer. Such request
shall be filed with the Zoning Officer at least 30 days prior to the
permit expiration date.
4.
Temporary Permits. A temporary permit may be authorized by the governing
body for a structure or use which it deems necessary to promote the
proper development of the community, provided that such nonconforming
structure or use shall be completely removed upon expiration of the
permit without cost to the Township. Such permits shall be issued
for a specified period of time not to exceed six months, and may be
renewed once for an additional six-month period.
1.
The governing body shall establish a schedule of fees, charges and
expenses, as well as a collection procedure for zoning permits, certificates
of occupancy, appeals, variances, conditional uses, special exceptions,
amendments, bonds and other matters pertaining to this Chapter. The
schedule of fees shall be posted in the office of the Zoning Officer.
2.
Such fees shall be payable to the Township and until all applicable
fees, charges and expenses have been paid in full, the applications
shall be considered incomplete and no action shall be taken on any
application or appeal.
1.
It shall be the duty of the Zoning Officer to keep a record of all
applications for building and zoning permits, a record of all permits
issued and a record of all certificates of occupancy which he countersigns,
together with a notation of all special conditions involved. The Zoning
Officer shall file and safely keep copies of all plans submitted and
the same shall be available for the use of the Board of Commissioners.
2.
The Zoning Officer shall prepare a monthly report for the Township
Commissioners summarizing for the period since his last previous report
all zoning permits issued and certificates countersigned and all complaints
of violations and the action taken by the Zoning Officer. A copy of
each such report shall be filed with the office of the Chief Assessor
of Dauphin County at the same time it is filed with the Board of Commissioners.
1.
A Certificate of Use shall be a statement issued by the Zoning Officer
setting forth either that a building, structure, parcel or use of
land complies with the provisions of this Chapter.
2.
No vacant land shall be occupied or used, and no structure or part
of a structure hereafter erected, substantially altered or changed
in use shall be occupied or used until a Certificate of Use shall
have been issued by the Zoning Officer.
3.
A Certificate of Use for the use or occupancy of vacant land or for
a change in the use of land, or for a change in the use of an existing
building, either for a whole or part of a new building or for the
alteration of an existing building, shall be applied for coincident
with the applications for a building or zoning permit, and shall be
issued or denied within 15 days after a final inspection by the Zoning
Officer.
4.
A Certificate of Use for changing or extending a nonconforming use,
existing at the effective date of this Chapter or of an amendment
thereto, shall be applied for and issued before any such nonconforming
use shall be changed or extended. Such Certificate shall be issued
within 15 days after a final inspection and approval by the Zoning
Officer.
5.
A record of all Certificates of Use shall be kept on file in the
office of the Zoning Officer and a copy shall be furnished on request
to any person having a proprietary or tenancy interest in the building
or land affected.
An appeal or application for an amendment or variance from the
terms of this Chapter shall be filed with the Zoning Officer and shall
contain the following information:
1.
The name and address of the applicant.
2.
The name and address of the owner of the real estate to be affected
by such proposal.
3.
A brief description and location of the real estate to be affected
by such proposal.
4.
A statement of the present zoning classification of the real estate
in question, the improvements thereon and the present use.
5.
A statement of the section of this Chapter under which the appeal
or application is filed and reasons why it should be granted or a
statement of the section of this Chapter governing the situation in
which the alleged erroneous ruling is being appealed and reasons for
the appeal.
6.
An accurate description of the present improvements and the additions
intended to be made under this application, indicating the size and
use of such proposed improvements and general construction thereof.
In addition, there shall be attached a plot plan of the real estate
to be affected, as required to accompany applications for permits,
indicating the location and size of the lot and locations of improvements
now erected and proposed to be erected thereon.
In their interpretation and application, the provisions of this
Chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, morals or general welfare.
Whenever the requirements of this Chapter are at variance with the
requirements of any other lawfully adopted rules, regulations or ordinances,
or whenever the requirements of this Chapter are internally at variance,
the most restrictive, or that imposing the higher standard shall govern.
1.
There is hereby created for the Township a zoning hearing board in
accordance with the provisions of Article IX of the Pennsylvania Municipalities
Planning Code, Act of 1968, P.L. 805, No. 247 as reenacted and amended.
2.
The membership of the board shall consist of three residents of the
Township appointed by resolution by the Board of Commissioners. The
terms of office shall be for three years and shall be so fixed that
the term of office of one member shall expire each year. The board
shall promptly notify the Board of Commissioners of any vacancies,
which occur. Appointments to fill vacancies shall be only for the
unexpired portion of the term. Members of the board shall hold no
other office in the Township.
3.
The Board of Commissions shall appoint by resolution one resident
of the municipalities to serve as an alternate member of the board.
The term of office of the alternate shall be three years. If, by reason
or absence or disqualification of a member, a quorum is not reached,
the chairman of the board shall designate the alternate of the board
to sit on the board to provide the quorum. The alternate shall continue
to serve on the board in all proceedings involving the matter or case
for which the alternate was initially appointed until the board has
made a final determination of the matter or case. When seated pursuant
to these provisions, an alternate shall be entitled to participate
in all proceeding and discussion of the board to the same and full
extent as provided by law for board 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 herein and otherwise
provided by law. Alternates shall hold no other office in the municipality,
including membership on the planning commission and zoning officer.
The alternate may participate in any proceeding or discussion of the
board but shall not be entitled to vote as a member of the board nor
be compensated unless designated as a voting alternate member as described
herein.
4.
Any board member may be removed for malfeasance, misfeasance or nonfeasance
in office or for other just cause by a majority vote of the Board
of Commissioners which appointed the member, 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.
5.
The board 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 the members of the board, but the board
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 board as provided in this Chapter.
6.
The board may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the Township and laws of the Commonwealth.
The board shall keep full public records of its business, which records
shall be the property of the Township and shall submit a report of
its activities to the Board of Commissioners as requested by the Board
of Commissioners.
7.
Within the limits of funds appropriated by the Board of Commissioners,
the board may employ or contract for secretaries, clerks, legal counsel,
consultants and other technical and clerical services. Members of
the board may receive compensation for the performance of their duties,
as may be fixed by the Board of Commissioners, but in no case shall
it exceed the rate of compensation authorized to be paid to the members
of the Board of Commissioners.
The board shall conduct hearings and made decisions in accordance
with the following requirements:
1.
Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer 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 rules of the board. 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 hearings.
2.
The first hearing before the board or hearing officer shall be commenced
within 60 days from the date of the applicant's application, unless
the applicant has agreed in writing to an extension of time. Each
subsequent hearing before the board 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 their case-in-chief within 100 days of the first
hearing. Upon the request of the applicant, the board or hearing officer
shall assure that the applicant receives at least seven hours of hearings
within the 100 days, including the first hearing. Persons opposed
to the application shall complete the presentation of their opposition
to the application within the 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 their case-in-chief
provided the persons opposed to the application are granted an equal
number of additional hearings. Persons opposed to the application
may, upon the written consent or consent on the record by the applicant
and municipality, be granted additional hearings to complete their
opposition to the application provided the applicant is granted an
equal number of addition hearings for rebuttal.
3.
The hearings shall be conducted by the board or the board may appoint
any member as a hearing officer. The decision, or, where no decision
is called for, the findings shall be made by the board, however, the
appellant or the applicant, as the case may be, in addition to the
Township, may, prior to the decision of the hearing, waive decision
or findings by the board and accept the decision or findings of the
hearing officer as final.
4.
The parties to the hearing shall be the Township, any person affected
by the application who has made timely appearance of record before
the board, and any other person including civic or community organizations
permitted to appear by the board. The board shall have power to require
that all persons who wish to be considered parties enter appearances
in writing on forms provided by the board for that purpose.
5.
The chairman or acting chairman of the board 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.
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 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 board.
The cost of the original transcript shall be paid by the board if
the transcript is ordered by the board or hearing officer or shall
be paid by the person appealing from the decision of the board 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.
9.
The board 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 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 board 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 board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this Chapter or of any law, ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that the hearing officer's decision or findings are final, the board shall make the hearing officer's report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the board prior to final decision or entry of findings, and the board's decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under § 916.1 of the Pennsylvania Municipalities Planning Code as reenacted and amended, where the board fails to commence, conduct or complete the required hearing within 60 days from the date of the applicant's request for a hearing, 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 board to meet or render a decision as hereinabove provided, the board shall give public notice of the said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in subsection (1) of this Section. If the board 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 the decision to a court of competent jurisdiction.
11.
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 day following its date. To all other
persons who have filed their name and address with the board not later
than the last day of the hearing, the board 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.
12.
The Board of Commissioners shall establish, by resolution, fees with
respect to hearings before the zoning hearing board.
1.
The zoning hearing board shall have exclusive jurisdiction to hear
and render final adjudication in the following matters:
A.
Substantive challenges to the validity of any land use ordinance,
except those brought before the Board of Commissioners, pursuant to
§ 609.1 and § 916.1(a)(2) of the Pennsylvania
Municipalities Planning Code (hereinafter "MPC"), Act of 1968, P.L.
805, No. 247 as reenacted and amended.
B.
Challenges to the validity of a land use ordinance 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 said ordinance. Where the ordinance appealed
from is the initial zoning ordinance of the municipality and a zoning
hearing board has not been previously established, the appeal raising
procedural questions shall be taken directly to court.
C.
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 or lot.
D.
Appeals from a determination by the Township engineer or the Zoning
Officer with reference to the administration of any flood plain or
flood hazard ordinance or such provisions within a land use ordinance.
E.
Applications for variances from the terms of this Chapter and flood
hazard ordinance or such provisions within a land use ordinance, pursuant
to § 910.2 of the Pennsylvania MPC, Act of 1968, P.L. 805,
No. 247 as reenacted and amended.
F.
Applications for special exceptions under this Chapter or flood plain
or flood hazard ordinance or such provisions within a land use ordinance,
pursuant to § 912.1 of the Pennsylvania MPC, Act of 1968,
P.L. 805, No. 247 as reenacted and amended.
G.
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.
H.
Appeals from the Zoning Officer's determination under § 916.2
of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247 as reenacted
and amended.
I.
Appeals from the determination of the Zoning Officer or Township
engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and storm
water management insofar as the same relate to development not involving
applications under Article V or VII of the Pennsylvania MPC, Act of
1968, P.L. 805, No. 247 as reenacted and amended.
2.
The Board of Commissioners, shall have exclusive jurisdiction to
hear and render final adjudication in the following matters:
A.
All applications pursuant to § 508 of the Pennsylvania
MPC, Act of 1968, P.L. 805, No. 247 as reenacted and amended for approval
of subdivisions or land developments under Article V of the Pennsylvania
MPC, Act of 1968, P.L. 805, No. 247 as reenacted and amended.
B.
Applications for conditional use under the express provisions of
this Chapter.
C.
Applications for curative amendment to this Chapter or pursuant to
§ 609.1 and 916.1(a)(2) of the Pennsylvania MPC, Act of
1968, P.L. 805, No. 247 as reenacted and amended.
D.
All petitions for amendments to land use ordinances, pursuant to
the procedures set forth in § 609 of the Pennsylvania MPC,
Act of 1968, P.L. 805, No. 247 as reenacted and amended. Any action
on such petitions shall be deemed legislative acts, provided that
nothing contained in this clause shall be deemed to enlarge or diminish
existing law with reference to appeals to court.
E.
Appeals from the determination of the Zoning Officer or the Township
engineer in the administration of any land use ordinance or provisions
thereof with reference to sedimentation and erosion control and storm
water management insofar as the same relate to application for land
development under Articles V and VII of the Pennsylvania MPC, Act
of 1968, P.L. 805, No. 247 as reenacted and amended. Where such determination
relates only to development not involving an Article V or VII application,
the appeal from such determination of the zoning, officer or the Township
engineer shall be to the zoning hearing board pursuant to this Section.
1.
The board shall hear requests for variances where it is alleged that
the provisions of this Chapter inflict unnecessary hardship upon the
applicant. The board may by rule prescribe the form of application
and may require preliminary application to the Zoning Officer. The
board may grant a variance, provided 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, that 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 district
in which the property is located.
B.
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this Chapter and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
C.
That such unnecessary hardship has not been created by the applicant.
D.
That the variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
nor substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare.
E.
That the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
2.
In granting any variance, the board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of this Chapter and the Pennsylvania MPC, Act of 1968, P.L. 805, No.
247 as reenacted and amended.
Where the Board of Commissioners, in this Chapter, has stated
special exceptions to be granted or denied by the board pursuant to
express standards and criteria, the board shall hear and decide requests
for such special exceptions in accordance with such standards and
criteria below:
1.
The location of the use, including with respect to the existing or
future streets giving access to it, is in harmony with the orderly
and appropriate development for the district in which the use is to
be located.
2.
The nature and intensity of the operations involved are in harmony
with the orderly and appropriate development of the district in which
the use is to be located.
3.
The grant of the special exception shall not materially increase
traffic congestion on roads and highways, nor cause nor encourage
commercial or industrial traffic to use residential streets.
4.
The applicant must meet all specific requirements for the specified
use in accordance with Part 21, herein.
5.
In granting a special exception, the Board may attach such reasonable
conditions and safeguards, in addition to those expressed in this
Chapter, as it may deem necessary to implement the purposes of this
Chapter and the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247 as
reenacted and amended.
Appeals raising the substantive validity of any land use ordinance
except those to be brought before the Board of Commissioners pursuant
to the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247 as reenacted
and amended, procedural questions or alleged defects in the process
of enactment or adoption of a land use ordinance; or 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 or lot; from
a determination by the Township engineer or the Zoning Officer with
reference to the administration of any flood plain or flood hazard
ordinance or such provisions within a land use ordinance; 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; from the determination of the Zoning Officer or Township
engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and storm
water management insofar as the same relate to development not involving
subdivision and land development or planned residential development
may be filed with the board in writing by the landowner affected,
any officer or agency of the Township, or any person aggrieved. Requests
for a variance and for special exception may be filed with the board
by any landowner or any tenant with the permission of such landowner.
1.
No person shall be allowed to file any proceeding with the board
later than 30 days after an application for development, preliminary
or final, has been approved by the Township 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, knowledge,
or reason to believe that such approval had been given. If such person
has succeeded to their interest after such approval, they shall be
bound by the knowledge of their predecessor in interest. The failure
of anyone other than the land owner to appeal from an adverse decision
on a tentative plan or from an adverse decision by the Zoning Officer
on a challenge to the validity of this Chapter or an amendment hereto
or map or an amendment thereto shall preclude an appeal from a final
approval except in the case where the final submission substantially
deviates from the approved tentative approval.
2.
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued.
1.
Upon filing of any appeal proceeding before the zoning hearing board
and during its pendency before the board, 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 board 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 board 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 board by persons
other than the applicant, the applicant may petition the court having
jurisdiction of zoning appeals to order such persons to post bond
as a condition to continuing the proceedings before the board.
2.
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.
3.
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.
4.
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 appellate 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.
1.
The Board of Commissioners may from time to time amend, supplement,
or repeal any of the regulations and provisions of this Chapter. The
procedures for the preparation of a proposed zoning ordinance as set
forth in § 607 of the Pennsylvania MPC, Act of 1968, P.L.
805, No. 247 as reenacted and amended, is hereby declared optional.
2.
Before voting on the enactment of an amendment, the Board of Commissioners
shall hold a public hearing thereon, pursuant to public notice. In
addition, if the proposed amendment involves a zoning map change,
notice of said public hearing shall be conspicuously posted by the
Township at points deemed sufficient by the Township along the tract
to notify potentially interested citizens. The affected tract or area
shall be posted at least one week prior to the date of the hearing.
In addition to the requirement that notice be posted, where proposed
amendment involves a zoning map change, notice of the public hearing
shall be mailed by the municipality 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 the tax records within the
possession of the municipality. The notice shall include the location,
date and time for the public hearing. A good faith effort and substantial
compliance shall satisfy the requirements of this subsection. This
clause shall not apply with the rezoning constitutes a comprehensive
rezoning.
3.
In the case of an amendment other than that prepared by the Planning
Commission the Board of Commissioners shall submit each such amendment
to the Planning Commission at least 30 days prior to the hearing on
such proposed amendment to provide the Planning Commission an opportunity
to submit recommendations.
4.
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 Commissioners shall hold
another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
5.
At least 30 days prior to the public hearing on the amendment by
the Board of Commissioners, the Township shall submit the proposed
amendment to the county planning agency for recommendations.
6.
Within 30 days after enactment, a copy of the amendment to this Chapter
shall be forwarded to the county planning agency.
1.
A landowner who desires to challenge on substantive grounds the validity
of this Chapter or the Zoning Map or any provisions thereof, which
prohibits or restricts the use or development of land in which he
has an interest may submit a curative amendment to the Board of Commissioners
with a written request that his challenge and proposed amendment be
heard and decided as provided in § 916.1 of the Pennsylvania
MPC, Act of 1968, P.L. 805, No. 247 as reenacted and amended. The
curative amendment and challenge shall be referred to the Planning
Commission and the county planning agency as provided in § 609
and notice of the hearing thereon shall be given as provided in § 610
and 916.1 of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247
as reenacted and amended.
2.
The hearing shall be conducted in accordance with § 908
of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247 as reenacted
and amended and all references therein to the Zoning Hearing Board
shall, for purposes of this Section be references to the Board of
Commissioners, however that the deemed approval provision of § 908
of the Pennsylvania MPC (Act of 1968, P.L. 805, No. 247 as reenacted
and amended) shall not apply and the provision of § 916.1
the Pennsylvania MPC shall control. If the Township does not accept
a landowner's curative amendment brought in accordance with this subsection
and a court subsequently rules that the challenge has merit, the court's
decision shall not result in a declaration of invalidity for this
entire Chapter and Zoning Map, but only for those provisions which
specifically relate to the landowner's curative amendment and challenge.
3.
The Board of Commissioners, if it determines that a validity challenge
has merit, may accept a landowner's curative amendment, with or without
revision, or may adopt an alternative amendment which will cure the
challenged defects. The Board of Commissioners shall consider the
curative amendments, plans and explanatory material submitted by the
landowner and shall also consider:
A.
The impact of the proposal upon roads, sewer facilities, water supplies,
schools and other public service facilities.
B.
If the proposal is for a residential use, the impact of the proposal
upon regional housing needs 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 Zoning Map.
C.
The suitability of the site for the intensity of use proposed by
the site's soils, slopes, woodland, wetlands, flood plains, aquifers,
natural resources and other natural features.
D.
The impact of the proposed use on the site's soils, slopes, woodlands,
wetlands, flood plains, natural resources and natural features, the
degree to which these are protected or destroyed, the tolerance of
the resources to development and any adverse environmental impacts.
E.
The impact of the proposal on the preservation of agriculture and
other land uses which are essential to public health and welfare.
1.
If the Township determines that this Chapter, or any portion hereof,
is substantially invalid, it shall take the following actions:
A.
The Township shall declare by formal action, this Chapter or portions
hereof substantially invalid and propose to prepare a curative amendment
to overcome such invalidity. Within 30 days following such declaration
and proposal the Board of Commissioners shall:
(1)
By resolution make specific findings setting forth the declared
invalidity of this Chapter which may include:
B.
Begin to prepare and consider a curative amendment to this Chapter
to correct the declared invalidity.
2.
Within 180 days from the date of the declaration and proposal, the
Township shall enact a curative amendment to validate, or reaffirm
the validity of, this Chapter pursuant to the provisions of § 609
of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247 as reenacted
and amended in order to cure the declared invalidity of this Chapter.
3.
Upon the initiation of the procedures as set forth in subsection 1 the Board of Commissioners shall not be required to entertain or consider any landowner's curative amendment filed under § 609.1 of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247 as reenacted and amended, nor shall the zoning hearing board be required to give a report requested under § 909.1 or 916.1 of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247 as reenacted and amended, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by subsection 1.A. Upon completion of the procedures set forth in subsections 1 and 2, no rights to a cure pursuant to the provisions of § 609.1 and 916.1 of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247 as reenacted and amended, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this Chapter for which there has been a curative amendment pursuant to this Section.
4.
The Township having utilized the procedures set forth in this Section
may not again utilize said procedure for a period of 36 months following
the date of enactment of a curative amendment, or reaffirmation of
the validity of this Chapter; Provided, however, if after the date
of declaration and proposal there is a substantially new duty imposed
upon the Township by virtue of a change in statute or by virtue of
a Pennsylvania Appellate Court decision, the Township may utilize
the provisions of this Section to propose a curative amendment to
this Chapter to fulfill said duty or obligation.
In case any building, structure, landscaping or land is, or
is proposed to be, erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this Chapter, the Board of Commissioners
or, with the approval of the Board of Commissioners, an officer of
the Township, or any aggrieved owner or tenant of real property who
shows that his property or person will be substantially affected by
the alleged violation, in addition to other remedies, 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. When any such action is instituted by a landowner or
tenant, notice of that action shall be served upon the Township at
least 30 days prior to the time the action is begun by serving a copy
of the complaint on the Board of Commissioners. No such action may
be maintained until such notice has been given.
1.
If it appears to the Township that a violation of this Chapter has
occurred, the Township shall initiate enforcement proceedings by sending
an enforcement notice as provided in this Section.
2.
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.
3.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom
the Township intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this Chapter.
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.
That the recipient of the notice has the right to appeal to the zoning
hearing board within a prescribed period of days.
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.
1.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Township as a result thereof. No judgment shall commence or be imposed,
levied or payable until the date of the determination of a violation
by the district justice. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation
continues shall constitute a separate violation, unless the district
justice determining that there has been a violation further determines
that there was a good faith basis for the person, partnership or corporation
violating this Chapter to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the district justice and thereafter each day that a violation continues
shall constitute a separate violation.
2.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
3.
Nothing contained in this Section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this Section.
4.
District justices shall have initiation jurisdiction over proceeds
brought under this Section.
