Article IV Zoning Applications, Approvals, Permits

Applications requiring public hearings and meetings.

An application requiring a public hearing or meeting will not be scheduled for such hearing or meeting unless filed in proper form and number and containing appropriate fees and all required information, according to the following schedule:

Hearing/ Meeting Body	Procedure	Minimum Number of Days Prior to Hearing/Meeting by Which Application Must Be Filed
Board of Supervisors	Rezoning, ordinance amendment	30
Board of Supervisors	Conditional use	30
Board of Supervisors	Modification for PRD	21
Zoning Hearing Board	Variance, special exception, temporary use, appeal	21

Applications will be placed on the respective agenda on a first-filed-first-scheduled basis. All public hearings and meetings to consider applications filed pursuant to this chapter shall be scheduled, unless otherwise ordered by the relevant body, at the same time as the regular meetings of such body.

Applications not requiring public hearings and meetings. Applications not requiring a public hearing or meeting (building permits, road encroachment permits, etc.) shall be filed and processed on a first-filed-first-processed basis.

Late submittal of supporting documentation. Whenever supplemental data in connection with a previously filed application is required by the Township or offered by the applicant, it shall be submitted at least 15 days prior to the date on which it is to be considered at a hearing or meeting. The filing of such data shall, in the discretion of the body reviewing the application, be cause to delay a requested hearing or meeting.

§ 240-12 Ordinance amendments and rezoning applications.

Waiving deadlines. Deadlines may be waived due to emergency, unique or unforeseen circumstances, at the discretion of the body reviewing the application.

[Amended 10-2-2023 by Ord. No. 4-2023; 8-5-2024 by Ord. No. 5-2024]

Purpose.

The Board of Supervisors 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 Township Planning Commission, the Board of Supervisors, or by a petition to the Board of Supervisors by an interested party. The Board of Supervisors has the exclusive authority to enact, amend, or repeal zoning ordinances and is under no obligation to consider any proposed zoning amendment other than curative amendments submitted under this chapter.

The purpose of this section is to provide standards and procedures for making amendments to the text of this chapter and/or the Zoning Map. This amendment process is not intended to relieve particular hardships or to confer special privileges or rights upon any person, but only to make adjustments necessary in light of changed conditions or changes in public policy.

Submission requirements for rezoning applications. The following material must accompany each application for rezoning:

Eight copies of an area map prepared by an engineer, surveyor or other competent party showing all lots and streets in the area to be rezoned and within the surrounding one-quarter-mile radius.

A complete list of all property owners within 300 feet of the exterior limits of the property, indicating name, address, city, state and zip code.

An application signed by all registered owners of the property requested to be rezoned or, if application is made by an agent other than an attorney, a written power of attorney must be included.

The required escrow, if applicable, as well as the application fee as set forth in the Township fee schedule, as revised.

A narrative statement on how the proposed amendment is consistent with the Comprehensive Plan.

Public hearings on ordinance amendments and rezoning applications.

If the Board of Supervisors makes the determination to consider amending, supplementing, changing, or repealing this chapter, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice, before voting on the enactment of any such amendment, supplement, change, or repeal. In the case of an amendment other than that prepared by the Planning Commission, the Board shall submit such proposed amendment to the Planning Commission for recommendations at least 30 days prior to the public hearing (45 days for map changes).

If after any public hearing upon an amendment the proposed amendment is changed substantially, or is revised to include land not previously affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice before voting on the amendment.

At least 30 days prior to the public hearing on the amendment (45 days for map changes), the amendment shall be submitted to the Washington County Planning Commission for recommendations.

Within 30 days after enactment, a copy of the amendment to the zoning ordinance shall be forwarded to the Washington County Planning Commission.

Required public notice.

Proposed amendments to this chapter text or the Zoning Map shall not be enacted unless the Township has caused notice of the proposed enactment to be published. Such notice shall include the time and place of the hearing at which passage will be considered and a reference to a place within the municipality where copies of the proposed amendment may be examined. The Board of Supervisors shall publish the proposed amendment once each week for two successive weeks in a newspaper of general circulation in the municipality not more than 30 days or less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Municipal Solicitor and setting forth all provisions in reasonable detail.

In the event substantial changes are made in the proposed amendment, the Board of Supervisors, before voting upon the enactment, shall at least 10 days prior to enactment readvertise in one newspaper of general circulation in the municipality a brief summary setting forth all the provisions in reasonable detail together with a summary of the changes.

If the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the municipality at points along the tract deemed sufficient by the municipality 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, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the Township at least 30 days prior to the date of the hearing by first class mail to the addressees to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Township. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. This clause shall not apply when the rezoning constitutes a comprehensive rezoning.

Standards for text or rezoning amendments. In deciding whether to adopt or deny any proposed amendment or to adopt some modification of the Planning Commission's recommendation, the Board of Supervisors shall consider, among other factors, the following:

Whether the proposed amendment is consistent with the goals, objectives and policies of the Comprehensive Plan, as adopted and amended from time to time;

Whether the proposed amendment is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property;

Whether the proposed amendment is the most desirable use for which the land in the subject property is adapted;

Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction; and

Whether the proposed amendment reflects responsible standards for development and growth.

Additional criteria for rezoning to SD (special development) abutting Southpointe.

The traffic generated by the proposed use of the property can be accommodated by the existing transportation network.

The proposed use of the property can be accommodated by the existing capacity of the Canonsburg Sewage Treatment Plant or the applicant shall demonstrate that agreements have been made to upgrade the capacity to accommodate the development.

The proposed rezoning will not result in any negative environmental, visual or other impacts on adjoining residential property.

The proposed rezoning will preserve the rural atmosphere of the adjoining properties which are zoned R-1.

The topography of the site proposed for rezoning is such that there are visual buffers from adjoining residential properties.

The topography of the site proposed for rezoning is such that the site is easily accessible from the transportation network serving Southpointe, including the 1-79 Interchange.

(7)

Priority will be given to those sites that are visible from Interstate 79 and/or from other nonresidential portions of the Southpointe development to the extent feasible.

(8)

Expansion of nonresidential zoning classifications in the vicinity of Southpointe should follow the North-South alignment of the Interstate 79 corridor.

§ 240-13 Conditional uses.

[Amended by Ord. No. 3-2006]

Purpose. Conditional uses are those uses that, because of their potential adverse impact upon the immediate neighborhood and the Township as a whole, require a greater degree of scrutiny of site characteristics and impacts to determine their suitability in a given location. As such, the determination of conditional uses as appropriate shall be contingent upon their meeting a set of specific standards, below, and the weighing, in each case, of the public need and benefit against the local impact, giving consideration to the proposals of the applicant for mitigating adverse impacts through special site planning, development techniques, and contributions to the provision of public improvements, rights-of-way and services. The Board of Supervisors has the opportunity to impose any reasonable safeguards necessary to implement the intent of this chapter and shall present the application for review and recommendation by the Planning Commission before holding a public hearing on the matter.

Submission requirements for conditional use applications. The following material must accompany each application for conditional use:

Twelve copies of a vicinity map prepared by an engineer, surveyor or other competent party, showing all lots and streets in the area and within the surrounding one-quarter-mile radius.

Twelve copies of a site plan of the property, showing the following:

Location and size of all existing and proposed structures;

Location and dimensions of building lines, right-of-way lines, setbacks and easements;

Elevation contours sufficient to determine existing and proposed drainage;

Layout of drives and other traffic features on opposite side of street and adjacent properties;

(e)

Location of septic facilities and sanitary sewer lines;

(f)

Location of parking and loading areas, open space, existing and proposed landscaping, refuse and service areas, and signs.

A complete list of all property owners within 300 feet of the exterior limits of the subject property, indicating name, address, city, state, and zip code and proof that applicant provided notification by certified mail of its intent to seek conditional use approval to said property owners.

[Amended 6-6-2016 by Ord. No. 5-2016]

An application signed by all registered owners of the property or, if application is made by an agent other than an attorney, a written power of attorney must be included.

The required escrow, if applicable, as well as the application fee as set forth in the Township fee schedule, as may be revised.

[Amended 10-2-2023 by Ord. No. 4-2023]

A narrative statement describing the proposed conditional use, including an evaluation of the effects of such elements as noise, glare, odor, fumes, vibration and generated traffic upon adjoining property, and the relationship of the proposed use to the Comprehensive Plan.

Additional criteria for a traditional neighborhood design (TND) development in a Special Development (SD) District.

Supplementary plan submission requirements in addition to Subsection B above:

Twelve copies of a conceptual plan with proposed features and existing site features and uses that will remain. These features should include but are not limited to building outlines, streets and alleys, transit stops, drives and parking areas, pedestrian and bicycle paths, parks or other public amenities, method of trash removal, proposed utilities service, landscape and buffering, and/or any other information deemed necessary by the Township for evaluation.

Identification of architectural style of the traditional neighborhood development and accompanying site design styles. The design style of the TND shall be conveyed with drawings of typical proposed building elevations, including dimensions of building height and width, and facade treatment.

A conceptual report of the proposed covenants and agreements regarding the build-out of the development. The report should describe the development objectives and strategies along with supporting information on pre and post construction.

A copy of the proposed draft of the covenants, agreements, responsibilities and the like which will be conveyed to the homeowners' association upon completion of the development.

(e)

A traffic impact study may be required if the proposed development is outside of or was not included as part of the original special development (SD) district design and traffic study. The traffic study should include an analysis of background conditions and projected conditions. Estimated trips to be produced or attracted by the proposed land use and any corrective measures to be taken, if applicable.

(f)

If the application for conditional use approval contains all the information required by § 210-11 of the Subdivision and Land Development chapter for approval of a preliminary plan (major subdivision or land development), conditional use approval and preliminary approval of a subdivision or land development may be considered simultaneously. If all requirements of § 210-11 of the Subdivision and Land Development chapter for preliminary approval have not been met at the time of application for conditional use approval, conditional use approval shall be subject to submission of applications for preliminary approval and final approval of a major subdivision or land development that demonstrates compliance with the plan granted conditional use approval and all conditions attached thereto.

A TND shall propose a mixture of at least four distinct dwelling types: single-family, two-family (duplex), townhouses (or row), and multiple-family residential units, then the following standards shall apply to and be incorporated in order to facilitate the development of a traditional neighborhood design (or "TND"):

Single-family homes are described as traditional style and patio style units. Duplex units are described as two-family attached and are considered as two units. Townhouses and row houses are described as a multifamily residential dwelling no more than three stories in height which contain at least three or more single-family attached dwelling units, each of which are separated from the adjoining unit or units by a continuous, vertical wall extending from the foundation to the roof, with open space on at least two sides.

[1]

Buildings shall be oriented with the main body of the structure and front entrance facing toward the street. Garages of single-family traditional-style homes shall be located to the rear and accessed by a lane or alley system. A maximum of 90% of all duplex units shall be permitted a front entrance garage, provided that the front face of the garage of the unit utilizing a front-entrance garage is located a minimum of 18 feet from the front property line. The remaining percentage of duplex units shall utilize a front-entrance garage with the front face of the garage located at least 18 feet behind the front of the main structure. All patio-style units may have a front attached garage with side entrance, but in no case shall patio-style units have a garage door facing toward the street. Single-family dwellings shall make up between 33% to 40% of all residential dwelling units of which a minimum of 22% shall be traditional style design; in addition, duplex housing shall make up at least 15% of all units.

[2]

No garage of any unit shall extend past the front face of any dwelling or principal building, except for patio and duplex units.

[3]

Buildings shall not be oriented to front toward a parking lot.

[4]

Single-family units shall have covered porches with a minimum depth of six feet. Of the single-family-unit porches, a minimum of 65% shall extend along the entire front face of the building, a minimum 5% shall be incorporated as wrap-around. A maximum of 20% of single-family units shall be permitted to have porches extending 50% of the front face, and a maximum 10% may have a covered stoop. A minimum of 50% of duplex units shall have full-length covered front porches of at least six foot in depth. A minimum 25% of duplex units shall have covered porches of at least six feet in depth and 12 feet in length. The remainder shall have, at minimum, covered stoops.

[5]

The front facade of a building shall face a street or open space and shall be emphasized through vertical alignment of windows, proportions, entrance treatments, details and like materials on all sides. The design of visible exposed side and rear elevations shall be compatible with the design of the front facade. Unarticulated and windowless walls are prohibited.

[6]

All buildings shall incorporate special entries, porches, doors and lighting based on the details, scale and proportion appropriate to the selected architectural style. Front porches or stoops with individual entrances with walkway shall be designed to provide direct access to the public sidewalk. The front door/entrance shall be highly visible from the street.

[7]

The building elevations of multifamily dwellings, townhouses or row dwellings shall contain a minimum of three facade features to provide visual interest. Features considered to add visual interest include shutters, window boxes, decorative tiles or brick, awnings, balconies, wainscoting, porches, columns, etc. Other features may be proposed but must achieve the same intent.

[8]

Building offsets, rooflines and porches shall be varied among townhouse or row dwelling units. No more than two adjacent dwelling units in any townhouse or row building shall have the same front wall plane and shall include a visual structural break in the roofline.

[9]

The exterior of buildings shall be articulated through the use of columns, cornices and rakes proportioned and detailed consistent with principles based on traditional architectural styles.

[10]

Fences, walls and hedges shall be permitted in the fronts of residential properties to signal the separation of public and private space. Fences in front of residential units, located between the street right-of-way and the front building line, shall not exceed three feet in height. Fences located on any portion of the lot behind the front building line shall not exceed six feet. Piers, gateways, trellises and similar features may have a maximum height of nine feet.

[11]

Exterior walls of buildings and structures shall be constructed with natural materials, including brick, stone, wood siding; and roofs shall be covered with slate, wood, metal or dimensional asphalt/fiberglass shingles. Other similar faux materials may be proposed, provided that they meet or will create the same effect as materials listed; are proposed for architectural impact as opposed to economy; and shall be subject to Township approval.

[12]

Chimneys shall be of masonry or stone construction when proposed for any building. If approved as a modification, faux elements resembling masonry or stone may be used.

[13]

Community center.

[a]

A community center is required for all developments.

[b]

The square footage allocated to a community center building shall be provided at a rate 15 square feet per dwelling unit or a minimum of 3,500 square feet, whichever is greater. The building shall be provided for recreational, social, educational and cultural activities adding to the quality of life and enjoyment of residents of the TND and shall be developed as part of the first phase of development. Subsequent phases shall not be approved until completion of community centers. A community center shall be turned over to the homeowners' association upon completion.

[c]

Architectural features for the community center shall relate to the design of the neighborhood residential units and include varied massing, roof dormers, hips, gables, balconies and porches to break up the visual massing of the building facade.

[d]

On-street parking shall be provided.

[e]

Employee or staff off-street parking shall be located to the rear or side for the structure and be subject to the standards outlined elsewhere in Cecil Township's land development and zoning ordinances.

[14]

Sidewalks/trails. A pedestrian path system of sidewalks and walking/biking trails, as approved by the Township, shall be designed to connect residential areas, commercial areas, civic buildings, community center, parks and open space. Sidewalks shall be located on both sides of all streets, except alleys, and shall be a minimum of five feet in width and located between the edge of the right-of-way and the dedicated linear tree strip. Crosswalks shall be provided at each intersection and be not less than 10 feet in width. Such crosswalks shall be identified from the driving surface through the use of brick pavers, pressed concrete or other similar treatment. Painted designations alone are not acceptable. "Yield to Pedestrians in Crosswalk" signs shall be required at every crosswalk. Walking/biking trails shall be a minimum of eight feet in width. The surface, at a minimum, shall be crushed stone aggregate. Trails and sidewalks shall be completed for each phase of development.

[15]

Street trees. All streets shall have street trees on both sides. Street trees shall be located consistently along streets to create rhythm and uniformity in the streetscape and shall be planted a maximum of 30 feet on center, or per a Township-approved landscaping plan. Street trees shall be located in the five-foot dedicated linear green space between the curb and sidewalk.

[16]

Streetlighting. Light standards for all streets and off-street parking areas shall be coordinated in the same "lighting family" to present a consistent character throughout the TND neighborhood. Further, lighting shall meet the requirements of the Township's land development and zoning ordinances or per an approved lighting plan.

[17]

Common open space and parks. Common open space and parks are required in all TNDs. Parks shall be designed with pedestrian connections to include shaded areas, benches, playground equipment, formal gardens and plantings, and open grass areas to provide opportunities for unrestricted play. The amount of area required for open space/park area shall be determined by the size of the development, density, adjacent similarly usable and accessible areas, and shall be presented in the form of a plan by the developer, to be reviewed and approved by the Township, as part of subdivision/site plan approval. At a minimum, one acre of park area shall be required for one through 100 units; two acres of park area shall be required for 101 through 199 units; three acres of park area shall be required for 200 through 299 units; four acres for units 300 through 399 units, etc. Wetlands, floodplains, slopes exceeding 5%, and cemeteries shall not count toward the minimum required acreage for park area. No finished grade of park area shall exceed a five-percent slope.

[18]

Mailboxes. Due to the compact design of the TND, mailboxes shall be located on the facade of the single-family dwellings, duplexes and row house or townhouse dwellings (when permitted by the United States Postal Service) or in common kiosk or covered enclosed shelters.

[19]

All multifamily dwelling units shall have a private rear-yard patio or upper-floor terrace. Garages associated with multifamily dwellings shall either be integral to the structure or orientated to the rear and accessed by a lane or alley system. Outdoor parking for multifamily buildings shall be located to the rear of the buildings.

[20]

Streets shall be interconnected in a pattern that may be in a grid or other pattern that supports the development of a traditional plan with front streets and a lane or alley system. Streets shall have a minimum cartway of 20 feet and an additional minimum of nine feet paved area for parking on each side. Culs-de-sac and cul-de-sac streets are prohibited. Pavement and design specifications shall be according to Article IV in Chapter 210, Subdivision and Land Development, unless specifically detailed or modified in this TND section.

[21]

Alleys or lanes are required to serve all single-family units with rear garages, and they must provide a minimum thirty-three-foot right-of-way and a sixteen-foot cart lane, with same specifications as required for all new Township streets (see Article IV in Chapter 210, Subdivision and Land Development).

[22]

A "Main Street" shall be provided for any TND with intermixed or adjacent retail/commercial businesses. A minimum of 250 feet of main street shall have a right-of-way of 70 feet, featuring a ten-foot-wide landscaped median barrier with paved crosswalks.

[23]

On-street parallel parking may be permitted on new streets within the TND, provided that no on-street parking spaces are located in any area necessary to maintain a clear sight triangle at street intersections. A minimum fifty-foot road right-of-way is required for proposed parking on one side of a street. A minimum sixty-foot road right-of-way is required for proposed parking on both sides of the street. A landscaped break shall be included along each side of a street that has parallel parking so as not to have more than eight contiguous parallel parking spaces or 200 feet of contiguous parallel parking spaces. The area of the break shall be the equivalent of one parallel parking space and shall be angled on the ends to accommodate vehicular maneuvering. Streets having single-family dwellings facing each other or single-family dwellings facing duplexes may only have parking on one side of the street. Paved parallel parking spaces shall be nine feet in width, 24 feet in length and shall be designed to the same specifications as required for streets in Article IV in Chapter 210, Subdivision and Land Development. Curbing shall be concrete on all streets; except alleys and inlets shall direct water per the approved stormwater management plan.

[24]

Minimum building separation, area and parking requirements:

[a]

Traditional-style single-family homes:

Minimum lot size.

Width, at the front building line: 42 feet.

Depth: 100 feet.

Front setback.

Minimum: 11 feet.

Side yard.

Minimum: 15 feet between buildings.

Minimum: five feet from property line.

Rear yard.

Minimum: five feet from property line.

Minimum parking requirements.

Three off-street spaces and one on-street.

The garage apron will count as one parallel off-street space even if part of the apron is in the alley right-of-way, provided the parking space does not encroach into the cartway and flared ends are incorporated into the apron for ease of parallel parking.

[b]

Patio-style single-family homes:

Minimum lot size.

Width at the front building line: 70 feet.

Depth: 100 feet.

Front setback: 15 feet.

Side setback: eight feet.

Rear setback: 40 feet.

Minimum parking requirements: four off-street spaces per dwelling unit.

[c]

Duplex-style homes:

Minimum lot size.

Width at the front building line: 114 feet.

Depth: 125 feet.

Front setback: 18 feet.

Side setback: 10 feet.

Rear setback: 40 feet.

Minimum parking requirements: four off-street spaces per dwelling unit.

[d]

Townhouses:

Minimum lot size.

Lot width at the building line may vary.

Depth: 100 feet.

Front setback: 10 feet.

Side setback: 10 feet.

Rear setback: 18 feet.

Minimum parking requirements: four off-street spaces per dwelling unit.

[e]

Multifamily style homes or nonresidential buildings erected as row buildings along a street:

Front setback.

Minimum: 10 feet.

Side setback: minimum 15 feet between buildings.

Rear setback: minimum 18 feet.

Minimum parking requirements: four off-street spaces per unit.

[f]

Multifamily-style homes designed as apartment-style living, whether situated along a street or in groups or clusters on a parcel or parcels, but not specifically oriented to a main street.

Front setback.

Minimum: 25 feet.

Minimum face to face, if not facing street: 75 feet.

Side setback.

Minimum 25 feet between buildings.

Rear setback.

Minimum 50 feet between buildings.

Minimum parking requirements.

Three off-street.

Two internal (parking garage integral to dwelling) and one in parking lot of building.

[25]

Typical architectural features, such as bay or bow windows, gutters, chimneys, windowsills, may encroach a maximum of four feet into any setback. Uncovered balconies, stoops and above-grade porches or stoops may encroach a maximum of six feet into the front setback only, and in no case shall they be closer than five feet to the front property line. Steps and ramps for accessibility to aboveground porches or stoops are permitted to encroach further into the front building line, but in no case shall they be closer than two feet to the property line. Bump-outs, for interior floor space, where floor joist and exterior walls are pushed out from the main structure, are not permitted in any case to protrude over any building setback line.

Common open space land.

Private common property in the TND is a parcel or parcels of land, together with the improvements thereon, for use and enjoyment of which are shared by the owners or occupants of the individual dwelling units within the TND.

Where common open space and facilities are proposed, the developer shall establish a property owners' association(s) in accordance with the requirements of the Municipalities Planning Code, 53 P.S. § 10101 et seq., and the Uniform Planned Community Act, 68 Pa.C.S.A. § 5101 et seq., and operating under recorded covenants and deeds for the primary purpose of maintaining the common open space and facilities, including streets, drives, service and parking areas, utility systems and networks, recreational and open space land. In addition, passive common open space shall be deed-restricted or placed within a trust or conservancy to prohibit future subdivision or development, except for agricultural, passive recreational, parks, equestrian and existing cemetery uses which may be permitted with the approval of the Supervisors.

Perimeter buffer easement. A perimeter buffer easement shall be established as provided for in § 240-41B(4).

Modifications. The Supervisors shall consider whether proposed waivers or modifications in any requirements of this section or the chapter will make for a more attractive and harmonious planned development. If such modifications, in the judgment of the Supervisors, constitute a more beneficial use of the site for the affected/future residents and the public interest than provided for under the requirements of this section or chapter or the zoning district in which the site of the planned development is located, the Supervisors, in their sole discretion, may grant the modifications as part of the TND approval process.

Applicability of other provisions. Unless otherwise specifically stated or modified by the Supervisors, TNDs must comply with all other related provisions of the Township's land development and zoning ordinances.

Required public notice. Decisions on proposed conditional uses shall not be rendered unless the Township has caused notice of the required public hearing to be published once each week for two successive weeks in a newspaper of general circulation within the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered. 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.

Hearings on conditional use applications. Before rendering a decision on a conditional use application, the Board of Supervisors shall hold a public hearing thereon within 60 days of the date of the applicant's request for a hearing pursuant to public notice. The application shall be submitted to the Planning Commission for review and recommendations prior to the public hearing. Should the Planning Commission not provide a recommendation, the Board of Supervisors may act without such recommendation.

Standards for conditional uses. The Board of Supervisors shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards, as well as more specific development criteria listed in the district proposed for location of each use, and shall find adequate evidence showing that such use at the proposed location:

Is in fact listed as a conditional use within the specific zoning district involved;

Will be harmonious with and in accordance with the general objectives or with any specific objective of the Township's Comprehensive Plan and this chapter;

Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the same area;

Will not be hazardous or disturbing to existing neighboring uses;

Will be served adequately by essential facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services;

§ 240-14 Variance, special exception, nonconforming expansion, temporary use, appeal.

Will not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic welfare of the community;

(7)

Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

(8)

Will have vehicular approaches to the property which shall be designed so as not to create interference with traffic on surrounding public thoroughfares;

(9)

Will not result in the destruction, loss or damage of a natural, scenic or historic feature of significant importance.

Decision. The Board of Supervisors shall render a written decision on the application within 45 days after the last hearing before the Board, approving or denying the conditional use. In denying the use, conclusions based on any provisions of any ordinance, rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. In approving a conditional use, 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. Such conditions shall be expressly set forth in the ordinance or order granting the conditional use. Violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this chapter. As part of a conditional use approval, the Board may, with recommendations from the Planning Commission and the Township Engineer, approve the final land development plan for the conditional use. Other than approval of the final land development plan, where applicable, the landowner shall not claim any approval of the plans or other materials submitted, nor shall any approval of plans or other materials be implied by the Board of Supervisors in its approval of the use.

Time limitations on conditional uses. A conditional use granted by the Board of Supervisors automatically expires without written notice to the applicant if no application for an occupancy permit to commence a use or no building and/or grading permit to undertake the work described in the decision granting the conditional use has been submitted within two years of said decision, unless the Board extends the time period upon written request of the applicant received prior to its expiration or unless the Board specifically grants a longer period of time in its decision. The maximum extension permitted shall be one twelve-month extension.

[Amended 9-5-2023 by Ord. No. 3-2023]

Variances.

Purpose. The variance procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of sections of this chapter not relating to subdivision requirements. When such hardships may be more appropriately remedied, if at all, pursuant to other provisions of this chapter, the variance procedure is inappropriate. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming uses of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Upon appeal from an order or determination of the Zoning Officer or upon application, the Zoning Hearing Board shall have the power to vary or adjust the strict application of rules and requirements in accordance with the provisions of the Pennsylvania Municipalities Planning Code, provided that the following findings are made where relevant in a given case:

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.

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 Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

That such unnecessary hardship has not been created by the appellant.

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.

Conditions on variances. In granting the variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter. Such conditions shall be expressly set forth in the ordinance or order granting the variance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

Effect of grant of variance. The grant of a variance shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits and approvals that may be required by ordinances of the Township.

Time limitations on variances. A variance granted by the Zoning Hearing Board automatically expires without written notice to the applicant if no application for an occupancy permit to commence a use or no building and/or grading permit to undertake the work described in the decision granting the variance has been submitted within two years of said decision, unless the Board extends the time period upon written request of the applicant received prior to its expiration or unless the Board specifically grants a longer period of time in its decision. The maximum extension permitted shall be one twelve-month extension.

[Amended 9-5-2023 by Ord. No. 3-2023]

Special exceptions.

Purpose. Upon application, in accordance with the provisions of this chapter and the rules of procedure of the Zoning Hearing Board, the Board shall hear and decide applications for uses by special exception specifically authorized by this chapter. The Board may approve a use by special exception following a public hearing conducted in accordance with the procedures specified in the Pennsylvania Municipalities Planning Code and only if all applicable requirements of this chapter and the express standards and criteria specified for the use have been met. In any case, Board shall consider the following standards:

Such use shall comply with the Land Use Plan Goals and Objectives contained in the Comprehensive Plan of the Township and the statement of intent for the district in which it is to be located.

If in a commercial, industrial or special development district, such use shall comply with the performance standards specified in Article XII of this chapter.

Such use shall have no greater impact on the environment or adjacent properties than those uses permitted by right in the district in which the use is to be located.

Such use shall involve processes and products equivalent to the processes and products listed in the permitted uses by right for the district in which the use is to be located.

Conditions on special exceptions. In granting a use by special exception, the Board may attach reasonable conditions and safeguards necessary to protect the public health, safety and welfare. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter.

Effect of grant of special exception. The grant of a special exception shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits and approvals that may be required by ordinances of the Township.

Time limitations on special exceptions. A special exception granted by the Zoning Hearing Board automatically expires without written notice to the applicant if no application for an occupancy permit to commence a use or no building and/or grading permit to undertake the work described in the decision granting the special exception has been submitted within two years of said decision, unless the Board extends the time period upon written request of the applicant received prior to its expiration or unless the Board specifically grants a longer period of time in its decision. The maximum extension permitted shall be one twelve-month extension.

[Amended 9-5-2023 by Ord. No. 3-2023]

Nonconforming expansions. Upon application, in accordance with the provisions of this chapter and the rules of procedure of the Zoning Hearing Board, the Board shall hear and decide special exception applications for the expansion of a nonconforming structure or use. The Board may approve the expansion of a nonconforming use following a public hearing conducted in accordance with the procedures specified in the Pennsylvania Municipalities Planning Code and only if all applicable requirements of this chapter have been met. Regulations regarding nonconforming situations are set forth in Article XIII of this chapter.

Temporary uses.

Temporary permits. A temporary permit may be authorized by the Township for a short-term activity or use which it deems beneficial to the public health or general welfare, or which it deems necessary to promote the proper development of the community, provided that such use or activity are otherwise permitted uses in that district.

Temporary structures. Permits for temporary structures shall be issued for a period not to exceed one year and shall be limited to temporary real estate sales offices for approved developments in any zoning district and temporary construction or business offices in the Commercial, Industrial, Business Park Planned Development or Special Development District and shall be permitted only during construction of an approved development. Temporary structures shall be located on the site of the approved development and shall not be any closer than 20 feet to any property or right-of-way line. Temporary structures shall be located so as not to interfere with construction activities. A stone parking area for at least four cars shall be provided and shall be removed upon termination of the temporary use.

Appeals.

Appeals. Any person or Township official aggrieved or affected by any provision of this chapter or by any determination of the Zoning Officer or other Township official may file an appeal in a timely fashion as provided for by the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended).

Challenges to the Zoning Ordinance or Zoning Map validity. Any person aggrieved by a use or development of land of another person which is authorized by this chapter or the Cecil Township Zoning Map, or any amendment thereto, or any landowner who, on substantive grounds, desires to challenge the validity of this chapter or the Cecil Township Zoning Map, or any amendment thereto, shall submit his challenge in writing to the Zoning Hearing Board in accordance with Section 916.1 of the Pennsylvania Municipalities Planning Code, stating the substantive grounds for the challenge.[1]

[1]

Editor's Note: See 53 P.S. § 10916.1.

Submission requirements for variances, special exceptions, nonconforming expansions, temporary uses and appeals. The following material, where applicable, must accompany each application:

Eight copies of a land development plan showing all structures on the property in question, their distances from property and/or rights-of-way lines, and all setbacks, easements, and parking and drive areas.

A complete list of all property owners within 300 feet of the exterior limits of the property, indicating name, address, city, state and zip code.

An application signed by all registered owners of the property or, if application is made by an agent other than an attorney, a written power of attorney must be included.

Six complete sets of plans for any structure to be erected, along with a completed building permit application.

The required application fee as set forth in the Township fee schedule, as revised.

Required public notice.

The Township shall cause notice of the required public hearing to be published once each week for two successive weeks in a newspaper of general circulation within the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered. 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.

Written notice of the scheduled public hearing shall be given to the applicant, the Zoning Officer, such other persons as the Board of Supervisors 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 prescribed by ordinance or, in the absence of ordinance provision, by rules of the Zoning Hearing Board.

Written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

Public hearings. Public hearings conducted by the Zoning Hearing Board shall be conducted in accordance with all requirements of § 240-29 of the Pennsylvania Municipalities Planning Code, including the following:

A public hearing shall be held within 60 days after the date of submission of an application for variance, special exception, nonconforming expansion, temporary use or appeal, unless the applicant has agreed in writing to an extension of time.

The hearing 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 municipality, 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.

The parties to the hearing shall be the municipality, 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 the 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.

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.

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.

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 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 copies. In other cases, the party requesting the original transcript shall bear the cost thereof.

(7)

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 offered 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.

Decision.

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 on any ordinance, rule or regulation shall contain a reference to the provision relied upon 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 Board 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 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. Where the Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days after 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. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

§ 240-15 Site plan review applications.

A copy of the final decision or, where no decision is called for, 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.

Appeals from Zoning Hearing Board decision. Appeals from the decision or findings of the Zoning Hearing Board shall be filed in the Washington County Court of Common Pleas within 30 days of issuance of a decision or finding by the Board or, in the case of a deemed decision, within 30 days after the date upon which notice of said deemed decision is given.

Purpose. Proposed uses of property, except individual single-family detached dwellings, residential accessory uses, and signs, unless referred to the Planning Commission by the Zoning Officer, shall be in accordance with a site plan approved by the Township. Site plan applications must be submitted no later than 30 days prior to the Planning Commission's regularly scheduled meeting for review at that meeting. The application must be signed by all registered owners of the property or, if application is made by an agent other than the owner, a written power of attorney must be included.

Submission requirements for site plan applications.

Site plans (eight copies), drawn to scale, shall be prepared by an engineer, surveyor, architect or landscape architect registered in the commonwealth. Such plans shall show the exact size, shape and dimension of the lot, tract or parcel to be built upon. All property data and existing contours and features on the property shall be based on a current sealed and signed survey prepared by a surveyor registered in the commonwealth. Minor site plans, such as simple additions which do affect parking, or minor changes to an existing legally occupied site may be exempted from requiring an engineer- or architect-prepared plans, at the discretion of the Township.

Contours, present and proposed, shall be shown at five-foot intervals. Contours at two-foot intervals may be required by the Planning Commission.

Site plan features shall include a location map, North point, bar scale, date of preparation, location and size of proposed buildings, location of building setback lines, street rights-of-way, easements within the site and in adjacent street rights-of-way, driveway entrances and circulation features within the site, parking facilities (detailed as to stall arrangement and size), loading docks, stormwater management controls, landscaping, utility connections, and ground signs.

Location shall be shown of all one-hundred-year floodplains as identified by the United States Department of Housing and Urban Development's Flood Boundary and Floodway Map for Cecil Township. Shown also shall be areas of steep slope of 25% or greater and landslide-prone soils as identified by the Natural Resources Conservation Service and/or County Conservation District.

Submitted along with the site plan shall be a plan for managing stormwater runoff during and after construction and minimizing soil erosion and sedimentation, consistent with the requirements of this chapter.

The following textual information shall be included on the site plan:

Proposed site coverage, paved area and green area.

Area and bulk regulations for the district in which the property is located.

Gross-square-foot floor area of each floor of the building, the height of the building, the uses proposed for the building, and the parking spaces required for each use.

Cubic yards of earth to be moved on site, removed from the site or moved to the site, if the total cubic yards exceed 500, exclusive of foundation excavation.

Action on the application.

After review by the Planning Commission, the Board of Supervisors may grant approval of the site plan with no conditions or with conditions after citation of the ordinance section relied on for conditions. Conditional site plan approval may also be granted, subject to the receipt of approvals or permits required from other governmental units; however, no actual development, construction activities, or use of land shall commence until all such required approvals or permits have been obtained and copies filed with the Township Zoning Officer.

Any engineering consideration involved in the review of the plan shall be subject to review by the Township Engineer, who shall submit written comments to the Commission. In addition, the Township Engineer may require of any applicant a soil engineer's report to determine foundation or soil conditions in those areas deemed necessary.

Minor adjustments. During the development of the site, the Board of Supervisors may authorize adjustments to a site plan when such adjustments appear necessary in light of considerations first discovered during actual development. Such minor adjustments shall be limited to the following:

Altering the location of any one structure or group of structures by not more than 10 feet or 1/4 of the distance shown on the approved site plan between such structure or structures and any other structure, vehicular circulation element or boundary of the site plan, as long as any requirement of this chapter is not violated.

Altering the location of any circulation element by not more than 10 feet or 1/4 of the distance shown on the approved site plan between such circulation element and any structure.

Altering the location of any open space by not more than 20 feet.

Altering any final grade by not more than 10% of the originally approved grade.

§ 240-16 Building permits and occupancy permits.

Altering the location of landscaping elements by not more than 20 feet or type of landscaping elements without reduction of total number.

Major adjustments. Any adjustment to a site plan not authorized by § 240-15D above shall be considered to be a major adjustment and shall be granted only upon formal application for a revision to the approved site plan.

Expiration of approval. Unless an extension of time is granted by the Township, no final site plan approval shall be valid for a period longer than five years unless a building permit is issued, and construction is actually begun within that period and is thereafter diligently pursued to completion or unless an occupancy permit is issued and a use commenced within that period.

[Amended 9-5-2023 by Ord. No. 3-2023]

When required.

A permit shall be required prior to the erection, construction, alteration or demolition of any building, structure or portion thereof; prior to commencement of improvements (as defined in Article II of this chapter) upon any property; prior to moving of a building into or within the Township; prior to the change or extension of a nonconforming use; and prior to any road encroachment. In addition, permits are required before the use or occupancy of new construction, alteration to an existing structure, change of use of an existing structure, change of ownership of an existing structure, or change of occupant/tenant/renter in a leased or rental building. In cases where a variance, special exception, conditional use, site plan, nonconforming use expansion, or other approval is required, a building permit shall be issued only after the foregoing approvals have been granted. It shall be the responsibility of the landowner or an authorized agent to obtain and sign for the required permits. Failure to obtain the required permits shall be a violation of this chapter, subject to the enforcement remedies and penalty provisions of Article XIV. Contractors performing work on behalf of the landowner or tenant are not permitted to apply for any permit unless they submit proof in writing of their authorized agent status.

Applicant must submit proof of sewage disposal method, such as an approved septic permit issued by an authorized sewage enforcement officer or letter of public sewage tap availability by a legally recognized disposal or treatment entity.

Permits shall not be required for maintenance work, such as replacement of shingles, windows, siding, soffit and fascia, unless accompanying interior renovations are also contemplated, and where occupancy cannot reasonably occur during renovations.

Application for building permits. Applications for permits shall be made in writing to the Zoning Officer on such forms as may be provided by the Township. Such application shall include building and plot plans of a satisfactory nature, in duplicate, and shall contain all information necessary for officials to ascertain whether the proposed construction, alteration, demolition, use, change in use, or improvement complies with the provisions of this chapter. The building permit application must be approved by the Zoning Officer, Building Inspector and, in the case of nonresidential construction, by a fire department as designated by the Township. The permit shall not be considered issued until the date that the applicant picks up and pays for the permit. Applications requiring approval by the Zoning Hearing Board shall be referred to the Board by the Zoning Officer. Applications for conditional use shall be referred to the Planning Commission for recommendation. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the work meets all requirements of applicable codes and ordinances.

Time limit for building permit issuance. Permits shall be granted or denied within 20 days of the date that the Zoning Officer considers the application complete, except for commercial and industrial permits, which shall be granted or refused within 45 days after a complete application filing.

Expiration of building permits. Once work is initiated under a valid permit, the permit shall be valid for a period of one year from the date of issuance as long as the construction is diligently pursued. No permit for the erection, razing, change, alteration or removal of buildings or structures shall be valid after three months from the date of issuance thereof and shall thereafter be void if construction has not begun or been diligently carried on in those three months. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted by any reasonable cause other than his own negligence, the permit may be renewed without additional cost to the applicant.

Construction and use to be as approved. All permits required by this chapter issued on the basis of plans and applications approved by the Zoning Officer, Building Inspector, Fire Department designee, Board of Supervisors, Planning Commission, or other municipal official or body, authorize only the use, arrangement and construction set forth in such approved plans and application, and no other use, arrangement or construction, unless a minor adjustment is deemed necessary as allowed by § 240-15D of this article. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this chapter or applicable codes.

Occupancy permits.

Application. Upon completion of the erection, alteration or change of use or occupancy of any building or portion thereof, or completion of any improvement on any property authorized by any permit, and prior to occupancy or use, the holder of such permit shall notify the Zoning Officer of such completion or change of occupancy. No permit shall be considered complete or permanently effective, nor shall any building be occupied or lot used, until said official has issued an occupancy permit certifying that the work has been inspected and approved as being in conformity with the permit and the provisions of this chapter and other applicable ordinances. Such work shall include not only building construction, but also installation of landscaping, driveways and sidewalks, where required. Occupancy permits shall be granted or denied within 10 days from the date of application.

Expiration. Occupancy permits expire with any change in use, change in ownership, change in tenant, or the addition of a new use on the property. If upon inspection by the Zoning Officer no change in use or additional type of use is being requested, the former occupancy permit may be renewed under the new owner, tenant or lessee name by the Zoning Officer.

Temporary occupancy permits. In cases when, because of weather conditions or other factors (exclusive of financial hardship) beyond the control of the recipient of a building permit or other approval, it would be unreasonable to require compliance with all of the requirements of this chapter prior to commencing the intended use of the property or occupying any buildings, the Zoning Officer may authorize the issuance of a temporary occupancy permit. Such permit will allow commencement of the intended use or the occupancy of buildings. No temporary occupancy permit shall be issued for a period of more than one year. Such permits may be issued when all of the following conditions have been met:

The applicant for the temporary occupancy permit shall provide a performance bond or other approved security, in an amount equal to 100% of the cost of outstanding required improvements, as determined by the Township, to ensure that all requirements of this chapter will be fulfilled.

The building, addition or use must be in compliance, as determined by the Township, with all safety-related fire and building codes.