[Ord. 687, 8/12/2015]
A temporary use permit shall be required prior to the initiation
of a permitted temporary use of a structure, land or water body and
shall meet the following requirements:
2607.1.
Approvals Required.
A. Temporary uses, such as festivals, fairs or other similar activities, sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining approval of a use by special exception from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of §
27-1906.56 as a condition precedent to obtaining the temporary use permit under this section.
B. Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period of not more than 72 consecutive hours shall be exempt from obtaining a temporary use permit. Any such activity which exceeds 72 consecutive hours in duration shall be subject to approval by the Zoning Officer of a temporary use permit under this section, provided the Zoning Officer determines compliance with all applicable standards of §
27-1906.56.
C. Temporary construction trailers, model homes or sales offices shall be subject to approval of a temporary use permit by the Zoning Officer under this section, provided the Zoning Officer determines compliance with §
27-2108.
D. All other temporary uses shall be subject to approval by the Zoning
Hearing Board of a use by special exception in accordance with the
criteria of § 27-1906.56D as a condition precedent to obtaining
a temporary use permit from the Zoning Officer under this section.
2607.2.
Application for Permit.
A. All requests for temporary use permits shall be made in writing on
a form furnished by the Township and shall include a full description
of the type of use for which such permit is being sought and the dates
during which this use shall be in existence.
B. It shall be the duty of the Zoning Officer to review the application
for compliance, request more information of the applicant or officially
receive the application.
C. Unless such requirement is waived by the Board of Commissioners, all applications for a temporary use permit shall be accompanied by a fee, to be based upon the fee schedule adopted by the Township, as provided for in §
27-2610 of this chapter.
D. Any temporary use permit that requires approval of a use by special exception by the Zoning Hearing Board in accordance with the express standards and criteria of §
27-1906.56 shall not be issued until the favorable decision of the Zoning Hearing Board is received.
2607.3.
Issuance of Permit.
A. Applications for a temporary use permit shall be reviewed by the
Zoning Officer. The Zoning Officer shall issue approval or denial
of the temporary use permit.
B. Upon approval of the request for a temporary use permit, one copy
of the permit shall be given to the applicant. The copy of the permit
must be publicly displayed at the site of the temporary use during
the existence of the use. One copy of the permit shall be kept on
file in the Township office.
2607.4.
Denial of Permit. In the event of denial, the Zoning Officer
shall forward to the applicant a written statement containing the
reason(s) for such denial and shall cite the specific requirements
of this chapter that have not been met.
2607.5.
Time Limitations. Temporary use permits are valid for the time
period(s) specified in this chapter.
2607.6.
Inspections.
A. The Zoning Officer, or his fully appointed representative, may make
an inspection of the property on which such temporary use is to be
located to determine the suitability of the site for the use. This
inspection shall be made prior to issuing a permit, prior to initiation
of the use or, in the event a renewal of the permit is requested,
during the time the use is in existence.
B. In the event of such inspection, a record shall be made indicating
the time and date of inspection, the findings of the Zoning Officer
in regard to conformance with this chapter and other Township ordinances,
and the opinion of the Zoning Officer in regard to the suitability
of the site for this use.
2607.7.
Failure to Obtain a Temporary Use Permit. Failure to obtain
a temporary use permit shall be a violation of this chapter and shall
be subject to enforcement remedies as provided in this chapter.
[Ord. 687, 8/12/2015]
A sign permit shall be required prior to the erection or structural
alteration of any sign, either permanent or temporary. It shall be
unlawful for any person to commence work for the erection or alteration
of any sign until a permit has been issued. No sign permit shall be
required for real estate signs; nameplate signs; or official governmental
street, road and traffic control signs.
2608.1.
Application for Permit.
A. All requests for sign permits shall be made in writing on a form
furnished by the Township and shall include a full description of
the proposed sign, a description of the lot upon which such proposed
sign is to be located and a description of any other existing signs
on the same lot.
B. All applications for a sign permit shall be accompanied by two copies
of a drawing showing: width of sign; height of sign; gross surface
area of sign; total height of sign above adjacent ground level; clearance
between bottommost part of sign and ground level; distance between
front edge of sign and adjacent street or road right-of-way; and distance
between front edge of sign and inside edge of adjacent sidewalk, if
applicable.
C. It shall be the duty of the Zoning Officer to review the application
for completeness and compliance, request more information of the applicant
or officially receive the application for the sign.
D. All applications for a sign permit shall be accompanied by a fee, to be based upon the fee schedule of the Township as provided for in §
27-2610 of this chapter, unless such requirement is waived by the Board of Commissioners.
2608.2.
Issuance of Permit.
A. Applications for a permanent sign permit shall be reviewed by the
Planning Commission. The Zoning Officer shall not issue a permit until
receipt of review comments of the Planning Commission.
B. Applications for a temporary sign permit shall be reviewed by the
Zoning Officer.
C. Upon approval of the sign permit, one copy of the permit shall be
given to the applicant, and one copy of the permit shall be kept on
file in the Township office.
2608.3.
Denial of Permit. In the event of denial, the Zoning Officer
shall forward to the applicant a written statement containing the
reason(s) for such denial and shall cite the specific requirements
of this chapter that have not been met.
2608.4.
Inspections.
A. For a permanent sign permit, the Zoning Officer, or his fully appointed
representative, may make the following inspections on property on
which the permanent sign is to be located: prior to installation of
the sign, following installation of the sign, occasionally to determine
continued maintenance and compliance with this chapter, in response
to any written complaint, whenever the sign is proposed to be replaced
or modified, and upon cessation of the use for which the sign was
erected.
B. For a temporary sign permit, the Zoning Officer, or his fully appointed
representative, may make inspection(s) to determine conformance with
this chapter and other applicable Township ordinances and the suitability
of the site for this use.
2608.5.
Failure to Obtain a Sign Permit. Failure to obtain a sign permit
shall be a violation of this chapter and shall be subject to enforcement
remedies as provided in this chapter.
[Ord. 687, 8/12/2015]
The Board of Commissioners may introduce and/or consider amendments
to this chapter and to the Zoning District Map as proposed by the
Board of Commissioners or by the Planning Commission or by a petition
of landowners of property within the Township.
2609.1.
Petitions. Petitions for amendments shall be filed with the
Planning Commission at least 15 calendar days prior to the meeting
at which the petition is to be heard. In the case of a petition for
reclassification of property, the petitioners, which shall consist
of a majority of the landowners of the property to be considered for
reclassification, upon such filing, shall submit a legal description
of the property proposed to be rezoned. All petitions shall include
a statement justifying the request and documenting consistency with
the Township's Comprehensive Plan and a filing fee, in accordance
with the fee schedule fixed by resolution of the Board of Commissioners.
The Planning Commission shall review the proposed amendment and report
its findings and recommendations in writing to the Board of Commissioners.
2609.2.
Referral. Any proposed amendment presented to the Board of Commissioners
without written findings and recommendations from the Township Planning
Commission and the Allegheny County Planning Commission shall be referred
to these agencies for review at least 30 days prior to the public
hearing of the Board of Commissioners. The Board of Commissioners
shall not hold a public hearing upon such amendments until the required
reviews are received or the expiration of 30 days from the date of
referral, whichever comes first.
2609.3.
Posting of Property. If the proposed amendment involves a change
to the Zoning District Map, notice of the public hearing shall be
conspicuously posted by the Township at points deemed sufficient by
the Township along the tract to notify potentially interested citizens
at least seven days prior to the date of the public hearing.
2609.4.
Public Notice and Public Hearing. Before acting on a proposed
amendment, the Board of Commissioners shall hold a public hearing
thereon. Public notice, as defined by this chapter, shall be given
containing a brief summary of the proposed amendment and reference
to the place where copies of the same may be examined.
2609.5.
Readvertisement. If, after any public hearing is held upon a
proposed amendment, the amendment is substantially changed or revised
to include land not previously affected by the amendment, the Board
of Commissioners shall hold another public hearing, pursuant to public
notice, before proceeding to vote on the amendment.
2609.6.
Publication, Advertisement and Availability.
A. Proposed amendments shall not be enacted unless the Board of Commissioners
gives notice of the proposed enactment, including the time and place
of the meeting at which passage will be considered and a reference
to the place in the Township where copies of the proposed amendment
may be examined without charge or obtained for a charge not greater
than the cost thereof.
B. The Board of Commissioners shall publish the proposed amendment once
in a newspaper of general circulation in the Township not more than
60 nor 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 Township Solicitor setting forth
all the provisions in reasonable detail. If the full text is not included:
(1)
A copy thereof shall be provided to the newspaper at the time
public notice is published.
(2)
An attested copy of the proposed ordinance shall be filed in
the County Law Library.
2609.7.
Action. Within 90 days of the date when the public hearing on
the proposed amendment is officially closed, the Board of Commissioners
shall vote on the proposed amendment. In the event substantial amendments
are made in the proposed amendment, the Board of Commissioners shall
readvertise in one newspaper of general circulation in the Township
a brief summary of the amendments at least 10 days prior to enactment.
2609.8.
Filing Amendment with County Planning Commission. Within 30
days after enactment, a copy of the amendment to this chapter shall
be forwarded to the Allegheny County Department of Economic Development
— Planning Division.
2609.9.
Mediation Option. The Board of Commissioners may offer the mediation option as an aid in completing proceedings authorized by §
27-2609. The Township and the mediating parties shall meet the stipulations and follow the procedures set forth in §
27-2510 of this chapter.
[Ord. 687, 8/12/2015]
The Board of Commissioners shall establish and revise, from
time to time, a schedule of fees by resolution, as well as a collection
procedure, for all applications submitted under the provisions of
this chapter. The schedule of fees shall be available to the public
from the Zoning Officer or Township Secretary.
[Ord. 687, 8/12/2015]
A curative amendment may be filed by a landowner who desires
to challenge, on substantive grounds, the validity of this chapter
or the Zoning District Map or any provision thereof, which prohibits
or restricts the use or development of land in which he has an interest.
2611.1.
Procedure. The landowner 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 Sections
609.1 and 1004 of the Pennsylvania Municipalities Planning Code, Act
247, as amended. As with other proposed amendments, the curative amendment
shall be referred to the Township Planning Commission and the Allegheny
County Planning Commission at least 30 days before the hearing is
conducted by the Board of Commissioners. Public notice shall be given
in accordance with Sections 610, 1004 and other applicable provisions
of the Pennsylvania Municipalities Planning Code. The hearings shall
be conducted in accordance with the provisions of Subsections (4)
through (8) of Section 908 of the Pennsylvania Municipalities Planning
Code, and all references in that section to the Zoning Hearing Board
shall be references to the Board of Commissioners.
2611.2.
Evaluation of Merits of Curative Amendment.
A. If the Board of Commissioners determines that a validity challenge
has merit, the Board of Commissioners may accept a landowner's curative
amendment, with or without revision, or may adopt an alternative amendment
which will cure the alleged defects. The Board of Commissioners shall
consider the curative amendments, plans and explanatory material submitted
by the landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities;
(2)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of this chapter or Zoning District Map;
(3)
The suitability of the site for the intensity of the use proposed
by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers,
natural resources and other natural features;
(4)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts;
and
(5)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
2611.3.
Declaration of Invalidity by Court. If the Township does not
accept a landowner's curative amendment brought in accordance with
this section and a court subsequently rules the challenge has merit,
the court's decision shall not result in a declaration of invalidity
for this entire chapter but only for those provisions which specifically
relate to the landowner's curative amendment challenge.
[Ord. 687, 8/12/2015]
If the Township determines that this chapter or any portion
thereof is substantially invalid, it shall take the following actions:
2612.1.
The Township shall declare, by formal action, its Zoning Ordinance
or portions thereof substantively invalid and propose to prepare a
curative amendment to overcome such invalidity. Within 30 days following
such declaration and proposal, the Board of Commissioners shall:
A. By resolution, make specific findings setting forth the declared
invalidity of the Zoning Ordinance, which may include:
(1)
References to specific uses which are either not permitted or
not permitted in sufficient quantity;
(2)
Reference to a class of use or uses which require revision;
or
(3)
Reference to the entire ordinance which requires revision.
B. Begin to prepare and consider a curative amendment to the Zoning
Ordinance to correct the declared invalidity.
2612.2.
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, its Zoning Ordinance pursuant to the provisions required
by Section 609 of the MPC in order to cure the declared invalidity
of the Zoning Ordinance.
2612.3.
Upon the initiation of the procedures, as set forth in Subsection
2612.1, the governing body shall not be required to entertain or consider
any landowner's curative amendment filed under Section 609.1 of the
MPC, nor shall the Zoning Hearing Board be required to give a report
requested under Section 909.1 or 916.1 of the MPC subsequent to the
declaration and proposal based upon the grounds identical to or substantially
similar to those specified in the resolution required by Subsection
2612.1A. Upon completion of the procedures as set forth in Subsections
2612.1 and 2612.2, no rights to a cure pursuant to the provisions
of Sections 609.1 and 916.1 of the MPC shall, from the date of the
declaration and proposal, accrue to any landowner on the basis of
the substantive invalidity of the unamended Zoning Ordinance for which
there has been a curative amendment pursuant to this section.
2612.4.
A municipality having utilized the procedures as set forth in
Subsections 2612.1 and 2612.2 may not again utilize said procedure
for a thirty-six-month period following the date of the enactment
of a curative amendment, or reaffirmation of the validity of its Zoning
Ordinance, pursuant to Subsection 2612.2; provided, however, that
if, after the date of declaration and proposal, there is a substantially
new duty or obligation imposed upon the municipality by virtue of
a change in statute or by virtue of a Pennsylvania appellate court
decision, the municipality may utilize the provisions of this section
to prepare a curative amendment to its ordinance to fulfill said duty
or obligation.