A.
The Board of Supervisors shall by resolution establish a schedule
of fees and shall post said schedule conspicuously in the Township
Building.
B.
No permit, certificate, application or variance shall be issued unless,
or until such costs, charges, fees or expenses as established by such
resolution have been paid in full, nor shall any action be taken by
the Board of Supervisors and/or Zoning Hearing Board unless or until
preliminary charges and fees have been paid in full.
C.
A zoning certificate shall be required prior to the establishment,
change or alteration of any use, or the construction, enlargement,
expansion or alteration of any structure. A building permit may also
be required under the Township of Nottingham Code relating to building
codes/construction.
When reviewing proposed new construction or additions, alterations
or revisions to any existing structure (including residential), the
Building Inspector or Zoning Officer may request a certified plot
plan when deemed necessary to ensure compliance to yard requirements
and/or other provisions of this chapter.
The Board of Supervisors shall hear and decide requests for
conditional uses in accordance with the provisions of this article.
However, it shall not approve a conditional use unless and until:
A.
A written application for development for a conditional use is submitted
to the office of the Zoning Officer no less than 18 working days prior
to the regular monthly meeting of the Planning Commission. The application
shall indicate the section of this article under which the conditional
use is sought and shall state the grounds upon which it is requested.
In addition, the application for a conditional use shall include the
following:
(1)
Five copies of a conditional use site plan and an assessment
of the impact of the proposed development on the natural environment
(geology, topography, soils, hydrology, vegetation, wildlife, air
quality) and cultural environment (lot use, utilities, population,
economics, services, historic assets).
B.
The required fees are paid.
D.
The Board of Supervisors shall hear and decide requests for conditional
uses within the time periods and per the procedures set forth in the
MPC Section 913.2.[2] Where the application is contested, or denied, each decision
shall be accompanied by findings of fact or conclusions based thereon,
together with any reasons therefore. Conclusions based on any provisions
of this chapter or any other ordinance 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.
[2]
Editor's Note: See 53 P.S. § 10913.2.
E.
A written application for conditional use shall be submitted in accordance
with the application requirements and associated application process
defined by the Township.
(1)
Where the Board of Supervisors fails to render the decision
within the period required by this section or fails to commence, conduct
or complete the required hearing as provided in Section 908(1.2) of
the MPC,[3] 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 failure of the Board
of Supervisors to meet or render a decision as hereinabove provided,
the Board of Supervisors shall give public notice of the decision
within 10 days from the last day it could have met to render a decision
in the same manner as required by the public notice requirements of
this Act (MPC). If the Board of Supervisors shall fail to provide
such notice, the applicant may do so.
[3]
Editor's Note: See 53 P.S. § 10908(1.2).
(2)
Nothing in this section shall prejudice the right of any party
opposing the application to appeal the decision to a court of competent
jurisdiction. 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 no later than the day following its date.
(3)
In granting a conditional use, the Board of Supervisors may
attach such reasonable conditions and safeguards in addition to those
expressed in this chapter, as necessary to implement the purposes
of the MPC and this chapter.
(4)
The Board of Supervisors shall review a conditional use application
and may approve, deny or attach additional conditions, in order to
protect the public's health, safety and welfare. In making its decision,
the Board of Supervisors shall consider the Planning Commission's
recommendation, all information and the application submitted by the
applicant and any relevant Township ordinances.
F.
Expiration of conditional use approval. Conditional use approval
shall expire automatically without written notice to the applicant
if no application for a grading permit, building permit or occupancy
permit to undertake the construction or authorize the occupancy described
in the application for conditional use approval is submitted within
12 months of said approval. The Board of Supervisors may extend conditional
use approval upon written request of the applicant received prior
to its expiration. The maximum extension permitted shall be one twelve-month
extension.
G.
Expiration of conditional use approval granted prior to effective
date of this chapter. Conditional use approval granted prior to the
effective date of this chapter shall expire automatically without
written notice to the applicant if no application for a grading permit,
building permit or occupancy permit to undertake the construction
or authorize the occupancy described in the application for conditional
use approval is submitted within 12 months of the effective date of
this chapter or as specified in the approval. The Board of Supervisors
may extend conditional use approval upon written request of the applicant
received prior to its expiration. The maximum extension permitted
shall be one twelve-month extension.
The Board of Supervisors shall consider whether proposed modifications
in any of the requirements of this chapter for each zoning district
contained in an application for development for a conditional use
will make for a more efficient, attractive and safe conditional use.
If such modifications, in the judgment of the Board of Supervisors,
constitute a more beneficial use of the site than provided for under
the requirements of the zoning district in which the site of the conditional
use is located, the Board of Supervisors, in its sole discretion,
may grant the modifications for less strict requirements. However,
no modification shall be granted for the density for the conditional
to exceed that density permitted in the zoning district in which the
conditional use site is located.
A.
Approval of uses by special exception. The Zoning Hearing Board shall
hear and decide requests for uses by special exception in accordance
with the provisions of the MPC.
B.
Requests for reasonable accommodation. The applicant shall provide
the following:
(1)
Specific citation of the chapter provision from which reasonable
accommodation is requested.
(2)
The specific description of the reasonable accommodation sought
and the particulars, including exact admonitions of any proposed structural
or location based accommodation.
(3)
The condition of the applicant for which reasonable accommodation
is sought.
(4)
A description of the hardship that the applicant will incur
absent provision of the reasonable accommodation requested.
(5)
A description of any alternative methods of relieving the claimed
hardship that have been considered and the reason why the applicant
has rejected such alternatives.
(6)
A statement describing why the requested accommodation is necessary
to afford the applicant an opportunity equal to a nonhandicapped or
nondisabled person to use and enjoy the dwelling in question.
(7)
A description of the manner in which the accommodation, if granted,
will be terminated or removed if said accommodation is no long applicable.
(8)
A statement of any facts indicating whether or not nonhandicapped
or nondisabled persons would be permitted to utilize the lot(s) in
question in a manner similar sought by the applicant.
C.
A written application for special exception shall be submitted in
accordance with the application requirements and associated application
process defined by the Township.
D.
Conditions and safeguards. In considering an application for approval
of a use by special exception, the Zoning Hearing Board may prescribe
appropriate conditions and safeguards in conformity with the spirit
and intent of this chapter. A violation of such conditions and safeguards,
when made part of the terms and conditions under which approval of
a use by special exception is granted, shall be deemed a violation
of this chapter.
E.
Expiration of approval of use by special exception. Approval of a
use by special exception shall expire automatically without written
notice to the applicant if an application for a building permit or
zoning certificate to undertake the construction for the authorized
occupancy described in the application for approval of the use by
special exception is not submitted within 12 months of said approval.
F.
The Zoning Hearing Board, in its sole discretion, may grant an extension
of the special exception upon receipt of a written request by the
applicant prior to the expiration date of approval. Only a one time
twelve-month extension may be granted.
G.
Expiration of approval of use by special exception granted prior
to effective date of this chapter. Approval of a use by special exception
granted prior to the effective date of this chapter shall expire automatically
without written notice to the Applicant if an application for a grading
permit, building permit or zoning certificate to undertake the construction
or authorize the occupancy described in the application for approval
of the use by special exception is not received within 12 months of
the effective date of this chapter or as specified in the approval.
A.
The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The Zoning Hearing Board may by rule
prescribe the form of application and may require preliminary application
to the Zoning Officer. The Zoning Hearing Board may grant a variance,
provided that all of the following findings are made where relevant
in a given case:
(1)
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 the zoning ordinance in the neighborhood
or district in which the property is located.
(2)
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.
(3)
That such unnecessary hardship has not been created by the appellant.
(4)
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.
(5)
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.
B.
A variance from the terms of this chapter shall not be granted by
the Zoning Hearing Board unless and until:
(1)
A written application for the variance is submitted.
(2)
The required fees are paid.
(3)
Public notice by advertising shall be given at least two weeks
in advance of the hearing. The owner of the property for which the
variance is sought or his agent shall be notified by mail.
(4)
The hearing shall be held. Any party may appear in person, or
by agent or by attorney.
(5)
The Zoning Hearing Board shall make findings that the requirements
of this section have been met by the applicant for the variance.
(6)
The Zoning Hearing Board shall further make a finding that the
reasons set forth in the application justify the granting of the variance,
and that the variance is the minimum variance that will make possible
the reasonable use of the land, building or structure.
(7)
The Zoning Hearing Board shall further make a finding that the
granting of the variance will be in harmony with the general purpose
and intent of this chapter and will not be injurious to the neighborhood
or otherwise detrimental to the public welfare.
C.
In granting any variance, the Zoning Hearing Board may prescribe
appropriate conditions and safeguards in conformity with this chapter.
Violation of such conditions and such safeguards, when made a part
of the terms under which the variance is granted, shall be deemed
a violation of this chapter and subject to enforcement and violations
standards of this chapter.
D.
Under no circumstances shall the Zoning Hearing Board grant a variance
to allow a use not permissible under the terms of this chapter in
the district involved, or any use expressly or by implication prohibited
by the terms of this chapter in said district.
