A.
For the administration of this chapter, a Zoning Officer, who shall
not hold any elective office in the Township of Upper Allen, shall
be appointed.
B.
The Zoning Officer shall meet the qualifications established by the
Township and shall be able to demonstrate to the satisfaction of the
Township a working knowledge of municipal zoning.
C.
The Zoning Officer shall administer this chapter in accordance with
its literal terms and shall not have the power to permit any construction
or any use or change of use which does not conform to this chapter.
D.
The Zoning Officer is hereby authorized to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of employment.
It shall be the duty of the Zoning Officer to enforce the provisions
of this chapter, and such power and authority as is necessary for
enforcement is hereby conferred upon the Zoning Officer. The Zoning
Officer shall examine all applications for permits, issue permits
for construction and uses which are in accordance with the requirements
of this chapter, record and file all applications for permits with
accompanying plans and documents and make such reports as the governing
body of Upper Allen Township may require. Permits for construction
and uses which are a special exception or a variance to requirements
of this chapter shall be issued only upon written order of the Zoning
Hearing Board. Permits for construction and uses which are a conditional
use shall be issued only upon written order of the Board of Commissioners
of Upper Allen Township.
A building and/or zoning permit shall be required prior to the
following activities: the erection, addition or alteration of any
building or portion thereof; the use or change in use of a building
or land, whether it is permitted by right, special exception, conditional
use or variance; and the change or extension of a nonconforming use.
It shall be unlawful for any person to commence work for the erection
or alteration of any building or for a change in land use until a
permit has been duly issued.
A.
Application for permits. All applications for permits shall be accompanied
by plans in duplicate, drawn to scale, showing the actual shape and
dimensions of the lot to be built upon, the exact size and location
of any buildings existing on the lot, the lines within which the proposed
building or structure shall be erected or altered, the existing and
intended use of each building or part of a building, the number of
families or dwelling units the building is designed to accommodate,
and such information as may be necessary to determine compliance with
this chapter and all other ordinances. One copy of such plans shall
be returned to the owner when such plans have been reviewed and acted
upon by the Zoning Officer. All applications with accompanying plans
and documents shall become a public record after a permit is issued
or denied.
B.
In the case of the erection or alteration of uses granted for special
exception use, conditional use, or variance, the permit shall be obtained
within 12 months following the date of the decision or within 18 months
if the activities require approval of a subdivision or land development
plan.
C.
Issuance of permits. No permit shall be issued until the Zoning Officer
has certified that the proposed building, addition or alteration complies
with all the provisions of this chapter as well as the provisions
of all other applicable ordinances. A permit issued hereunder shall
become void 12 months after issuance date, unless a request for extension
has been submitted to and approved by the Zoning Officer. Such request
shall be filed with the Zoning Officer at least 30 days prior to the
permit expiration date.
D.
Temporary permits. A temporary permit may be authorized by the governing
body of Upper Allen Township for a structure or use which it deems
necessary to promote the proper development of the community, provided
that such nonconforming structure or use shall be completely removed
upon expiration of the permit without cost to the Township. Such permits
shall be issued for a specified period of time not to exceed six months
and may be renewed once for an additional six-month period.
E.
A building and/or zoning permit issued in violation of any provisions
in this Zoning Ordinance shall be automatically revoked upon discovery
of its issuance in error. The Zoning Officer will give notice of the
revocation to the permit holder immediately. The holder of a permit
issued in violation of this Zoning Ordinance who has made substantial
investment and completed substantial work based upon his good faith
belief that the permit was properly issued may appeal the revocation
of the permit. A hearing shall be held before the Zoning Hearing Board
to determine if the permit holder has established vested rights in
the permit and, if so, the permit shall be reinstated.
A.
The governing body of Upper Allen Township shall establish a schedule
of fees, charges and expenses, as well as a collection procedure for
zoning permits, certificates of occupancy, appeals, variances, conditional
uses, special exceptions, amendments, bonds and other matters pertaining
to this chapter. The schedule of fees shall be posted in the office
of the Zoning Officer.
B.
Such fees shall be payable to the Township, and until all applicable
fees, charges and expenses have been paid in full, the application
shall be considered incomplete and no action shall be taken on any
application or appeal.
A.
It shall be the duty of the Zoning Officer to keep a record of all
applications for building and zoning permits, a record of all permits
issued and a record of all certificates of occupancy which he countersigns,
together with a notation of all special conditions involved. The Zoning
Officer shall file and safely keep copies of all plans submitted,
and the same shall be available for the use of the Board of Commissioners
of Upper Allen Township.
B.
The Zoning Officer shall prepare a monthly report for the Township
Commissioners, summarizing for the period since his last previous
report all zoning permits issued and certificates countersigned and
all complaints of violations and the action taken by the Zoning Officer.
A copy of each such report shall be filed with the office of the Chief
Assessor of Cumberland County at the same time it is filed with the
Board of Commissioners.
A.
A certificate of use shall be a statement issued by the Zoning Officer,
setting forth either that a building, structure, parcel or use of
land complies with the provisions of this chapter.
B.
No vacant land shall be occupied or used, and no structure or part
of a structure hereafter erected, substantially altered or changed
in use shall be occupied or used until a certificate of use shall
have been issued by the Zoning Officer.
C.
A certificate of use for the use or occupancy of vacant land or for
a change in the use of land or for a change in the use of an existing
building, either for a whole or part of a new building or for the
alteration of an existing building, shall be applied for coincident
with the applications for a building or zoning permit and shall be
issued or denied within 15 days after a final inspection by the Zoning
Officer.
D.
A certificate of use for changing or extending a nonconforming use
existing at the effective date of this chapter or of an amendment
thereto shall be applied for and issued before any such nonconforming
use shall be changed or extended. Such certificate shall be issued
within 15 days after a final inspection and approval by the Zoning
Officer.
E.
A record of all certificates of use shall be kept on file in the
office of the Zoning Officer, and a copy shall be furnished on request
to any person having a proprietary or tenancy interest in the building
or land affected.
An appeal or application for an amendment, variance, special
exception or conditional use from the terms of this chapter shall
be filed with the Zoning Officer and shall contain the following information:
A.
The name and address of the applicant.
B.
The name and address of the owner of the real estate to be affected
by such proposal.
C.
A brief description and location of the real estate to be affected
by such proposal.
D.
A statement of the present zoning classification of the real estate
in question, the improvements thereon and the present use.
E.
A statement of the section of this chapter under which the appeal
or application is filed and reasons why it should be granted or a
statement of the section of this chapter governing the situation in
which the alleged erroneous ruling is being appealed and reasons for
the appeal.
F.
An accurate description of the present improvements and the additions
intended to be made under this application, indicating the size and
use of such proposed improvements and general construction thereof.
In addition, there shall be attached a plot plan of the real estate
to be affected, as required to accompany applications for permits,
indicating the location and size of the lot and locations of improvements
now erected and proposed to be erected thereon.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, morals or general welfare.
In interpreting the language of this chapter to determine the extent
of the restriction upon the use of any property, the language shall
be interpreted, where doubt exists as to the intended meaning of the
language written and enacted by the governing body of Upper Allen
Township, in favor of the property owner and against any implied extension
of the restriction.
B.
The membership of the Board shall consist of five residents of the
Township appointed by resolution by the Board of Commissioners of
Upper Allen Township. The terms of office shall be for five years
and shall be so fixed that the term of office of one member shall
expire each year. The Board shall promptly notify the Board of Commissioners
of any vacancies which occur. Appointments to fill vacancies shall
be only for the unexpired portion of the term. Members of the Board
shall hold no other office in the Township nor shall any member be
an employee of the Township.
C.
The Board of Commissions may appoint by resolution at least one,
but no more than three residents of the municipality, to serve as
an alternate member of the Board. The term of office of the alternate
shall be three years. If, by reason or absence or disqualification
of a member, a quorum is not reached, the Chairman of the Board shall
designate the alternate of the Board to sit on the Board to provide
the quorum. The alternate shall continue to serve on the Board in
all proceedings involving the matter or case for which the alternate
was initially appointed until the Board has made a final determination
of the matter or case. When seated pursuant to these provisions, an
alternate shall be entitled to participate in all proceedings and
discussions of the Board to the same and full extent as provided by
law for Board members, including specifically the right to cast a
vote as a voting member during the proceedings, and shall have all
the powers and duties set forth herein and otherwise provided by law.
Alternates shall hold no other office in the municipality, including
membership on the Planning Commission and Zoning Officer. The alternate
may participate in any proceeding or discussion of the Board but shall
not be entitled to vote as a member of the Board nor be compensated
unless designated as a voting alternate member as described herein.
[Amended 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]
D.
Any Board member may be removed for malfeasance, misfeasance or nonfeasance
in office or for other just cause by a majority vote of the Board
of Commissioners which appointed the member, taken after the member
has received 15 days' advance notice of the intent to take such a
vote. A hearing shall be held in connection with the vote if the member
shall request it in writing.
E.
The Board shall elect from its own membership its officers, who shall
serve annual terms as such and may succeed themselves. For the conduct
of any hearing and the taking of any action, a quorum shall be not
less than a majority of all the members of the Board, but the Board
may appoint a hearing officer from its own membership to conduct any
hearing on its behalf, and the parties may waive further action by
the Board as provided in this chapter.
F.
The Board may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the Township and laws of the commonwealth.
The Board shall keep full public records of its business, which records
shall be the property of the Township, and shall submit a report of
its activities to the Board of Commissioners, as requested by the
Board of Commissioners.
G.
Within the limits of funds appropriated by the Board of Commissioners,
the Board may employ or contract for secretaries, clerks, legal counsel,
consultants and other technical and clerical services. Members of
the Board may receive compensation for the performance of their duties,
as may be fixed by the Board of Commissioners, but in no case shall
it exceed the rate of compensation authorized to be paid to the members
of the Board of Commissioners.
The Board shall conduct hearings and make decisions in accordance
with the following requirements:
A.
The Board shall provide public notice and shall provide written notice
to the applicant, the Zoning Officer and to any person who has made
timely request for the same. Additional notices shall be given at
such time and in such manner as shall be prescribed by the rules of
the Board and the requirements of the Municipalities Planning Code,
53 P.S. § 10101 et seq., provided that the notices conform
to the following:
(1)
Written notice of said hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearings.
Such written notice must be printed on a sign with minimum dimensions
of 11 inches by 17 inches.
(2)
The applicant shall provide written notice, by U.S. Mail, certified/return
receipt requested, to all adjacent property owners as determined by
then-current Cumberland County tax records. Adjacent property owners
are defined as owners of property directly abutting the property subject
to the hearing or of property abutting public roads, streams, railroad
rights-of-way, power lines or pipelines rights-of-way which directly
abut the property subject to the hearing.
(3)
Public notice of the hearing shall be published in at least
one newspaper of general circulation in the Township.
B.
The first hearing before the Board or hearing officer shall be commenced
within 60 days from the date of the applicant's application, unless
the applicant has agreed, in writing, to an extension of time. Each
subsequent hearing before the Board or hearing officer shall be held
within 45 days of the prior hearing, unless otherwise agreed to by
the applicant in writing or on the record. An applicant shall complete
the presentation of his case-in-chief within 100 days of the first
hearing.
C.
The hearings shall be conducted by the Board, or the Board may appoint
any member as a hearing officer. The decision or, where no decision
is called for, the findings shall be made by the Board; however, the
appellant or the applicant, as the case may be, in addition to the
Township, may, prior to the decision of the hearing, waive decision
or findings by the Board and accept the decision or findings of the
hearing officer as final.
D.
The parties to the hearing shall be the Township, any person affected
by the application who has made timely appearance of record before
the Board, and any other person including civic or community organizations
permitted to appear by the Board. The Board shall have power to require
that all persons who wish to be considered parties enter appearances
in writing on forms provided by the Board for that purpose.
E.
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.
F.
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.
G.
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
H.
The Board or the hearing officer, as the case may be, shall keep
a stenographic record of the proceedings. The appearance fee for a
stenographer shall be shared equally by the applicant and the Board.
The cost of the original transcript shall be paid by the Board if
the transcript is ordered by the Board or hearing officer or shall
be paid by the person appealing from the decision of the Board if
such appeal is made, and in either event, the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases, the party requesting the original transcript shall bear the
cost thereof.
I.
The Board or the hearing officer shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate; shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
Solicitor, unless the parties are afforded an opportunity to contest
the material so noticed; and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
J.
The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for; make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of this chapter or of any law, ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that the hearing officer's decision or findings are final, the Board shall make the hearing officer's report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under § 916.1 of the Pennsylvania Municipalities Planning Code as reenacted and amended, where the Board fails to commence, conduct or complete the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing, or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of the said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection A of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
K.
A copy of the final decision or, where no decision is called for,
of the findings shall be delivered to the applicant personally or
mailed to him not later than the day following its date. To all other
persons who have filed their name and address with the Board not later
than the last day of the hearing, the Board shall provide by mail
or otherwise brief notice of the decision or findings and a statement
of the place at which the full decision or findings may be examined.
L.
The Board of Commissioners of Upper Allen Township shall establish,
by resolution, fees with respect to hearings before the Zoning Hearing
Board.
A.
The Zoning Hearing Board shall have exclusive jurisdiction to hear
and render final adjudication in the following matters:
(1)
Substantive challenges to the validity of any land use ordinance,
except those brought before the Board of Commissioners of Upper Allen
Township, pursuant to §§ 609.1 and 916.1(a)(2) of the
Pennsylvania Municipalities Planning Code (hereinafter MPC), Act of
1968, P.L. 805, No. 247, as reenacted and amended.
(3)
Appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit, or failure
to act on the application therefor; the issuance of any cease-and-desist
order; or the registration or refusal to register any nonconforming
use, structure or lot.
(4)
Appeals from a determination by the Township Engineer or the
Zoning Officer with reference to the administration of any floodplain
or flood hazard ordinance or such provisions within a land use ordinance.
(5)
Applications for variances from the terms of this chapter and
flood hazard ordinances or such provisions within a land use ordinance,
pursuant to § 910.2 of the Pennsylvania MPC, Act of 1968,
P.L. 805, No. 247, as reenacted and amended.
(6)
Applications for special exceptions under this chapter or floodplain
or flood hazard ordinance or such provisions within a land use ordinance,
pursuant to § 912.1 of the Pennsylvania MPC, Act of 1968,
P.L. 805, No. 247, as reenacted and amended.
(7)
Appeals from the determination of any officer or agency charged
with the administration of any performance density provisions of this
chapter.
(8)
Appeals from the Zoning Officer's determination under § 916.2
of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted
and amended.
(9)
Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management, insofar as the same relate to development not involving applications under Article V or VII of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted and amended.
B.
The Board of Commissioners shall have exclusive jurisdiction to hear
and render final adjudication in the following matters:
(1)
All applications pursuant to § 508 of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted and amended for approval of subdivisions or land developments under Article V of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted and amended.
(2)
Applications for conditional use under the express provisions
of this chapter.
(3)
Applications for curative amendment to this chapter or pursuant
to §§ 609.1 and 916.1(a)(2) of the Pennsylvania MPC,
Act of 1968, P.L. 805, No. 247, as reenacted and amended.
(4)
All petitions for amendments to land use ordinances, pursuant
to the procedures set forth in § 609 of the Pennsylvania
MPC, Act of 1968, P.L. 805, No. 247, as reenacted and amended. Any
action on such petitions shall be deemed legislative acts, provided
that nothing contained in this clause shall be deemed to enlarge or
diminish existing law with reference to appeals to court.
(5)
Appeals from the determination of the Zoning Officer or the Township Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management, insofar as the same relate to application for land development under Articles V and VII of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted and amended. Where such determination relates only to development not involving an Article V or VII application, the appeal from such determination of the Zoning Officer or the Township Engineer shall be to the Zoning Hearing Board pursuant to this section.
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 Board may by rule prescribe the form
of application and may require preliminary application to the Zoning
Officer. The Board may grant a variance, provided that all of the
following findings are made where relevant in a given case:
(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 this chapter for 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 applicant.
(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.
In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of this chapter and the Pennsylvania MPC, Act of 1968, P.L. 805, No.
247, as reenacted and amended.
Where the Board of Commissioners of Upper Allen Township in
this chapter has stated special exceptions to be granted or denied
by the Zoning Hearing Board pursuant to express standards and criteria,
the Zoning Hearing Board shall hear and decide requests for such special
exceptions in accordance with such standards and criteria below:
A.
The location of the use, including with respect to the existing or
future streets giving access to it, is in harmony with the orderly
and appropriate development for the district in which the use is to
be located.
B.
The nature and intensity of the operations involved are in harmony
with the orderly and appropriate development of the district in which
the use is to be located.
C.
The grant of the special exception shall not materially increase
traffic congestion on roads and highways, nor cause nor encourage
commercial or industrial traffic to use residential streets.
D.
The applicant must meet all specific requirements for the specified use in accordance with Article XIV, herein.
E.
In granting a special exception, the Board may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter, as it may deem necessary to implement the purposes of this
chapter and the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247,
as reenacted and amended.
Where the Board of Commissioners of Upper Allen Township in
this chapter has stated conditional uses to be granted or denied by
the Board of Commissioners pursuant to express standards and criteria,
the Board of Commissioners shall hear and decide requests for such
conditional uses in accordance with such standards and criteria below:
A.
The location of the use, including with respect to the existing or
future streets giving access to it, is in harmony with the orderly
and appropriate development for the district in which the use is to
be located.
B.
The nature and intensity of the operations involved are in harmony
with the orderly and appropriate development of the district in which
the use is to be located.
C.
The grant of the conditional use shall not materially increase traffic
congestion on roads and highways, nor cause nor encourage commercial
or industrial traffic to use residential streets.
D.
The applicant must meet all specific requirements for the specified use in accordance with Article XIV herein.
E.
In granting 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 and the Pennsylvania Municipalities Planning Code, Act of
1968, P.L. 805, No. 247, as reenacted and amended.
A.
The Zoning Hearing Board, in the case of special exceptions and variances,
and the Board of Commissioners of Upper Allen Township, in the case
of conditional uses, may refer applications to the Planning Commission,
the Township Engineer, or any other committee, commission or advisor
for their advice but is not required to do so.
B.
Within 30 days of receiving an application for a special exception
or conditional use or within 40 days of receiving an application for
a variance from the decision-making body, the referral body or advisor
must give a written report on it to the decision-making body.
Appeals raising the substantive validity of any land use ordinance,
except those to be brought before the Board of Commissioners of Upper
Allen Township pursuant to the Pennsylvania MPC, Act of 1968, P.L.
805, No. 247, as reenacted and amended; procedural questions or alleged
defects in the process of enactment or adoption of a land use ordinance;
or appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit or failure
to act on the application therefor, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot; from a determination by the Township Engineer
or the Zoning Officer with reference to the administration of any
floodplain or flood hazard ordinance or such provisions within a land
use ordinance; from the determination of any officer or agency charged
with the administration of any transfers of development rights or
performance density provisions of this chapter; from the determination
of the Zoning Officer or Township Engineer in the administration of
any land use ordinance or provision thereof with reference to sedimentation
and erosion control and stormwater management, insofar as the same
relate to development not involving subdivision and land development
or planned residential development, may be filed with the Board, in
writing, by the landowner affected, any officer or agency of the Township,
or any person aggrieved. Requests for a variance and for special exception
may be filed with the Board by any landowner or any tenant with the
permission of such landowner.
A.
No person shall be allowed to file any proceeding with the Board
later than 30 days after an application for development, preliminary
or final, has been approved by the Township if such proceeding is
designed to secure reversal or to limit the approval in any manner,
unless such person alleges and proves that he had no notice, knowledge,
or reason to believe that such approval had been given. If such person
has succeeded to their interest after such approval, they shall be
bound by the knowledge of their predecessor in interest. The failure
of anyone other than the landowner to appeal from an adverse decision
on a tentative plan or from an adverse decision by the Zoning Officer
on a challenge to the validity of this chapter or an amendment hereto
or map or an amendment thereto shall preclude an appeal from a final
approval except in the case where the final submission substantially
deviates from the approved tentative approval.
B.
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued.
A.
Upon filing of any appeal proceeding before the Zoning Hearing Board
and during its pendency before the Board, all land development pursuant
to any challenged ordinance, order or approval of the Zoning Officer
or of any agency or body, and all official action thereunder, shall
be stayed unless the Zoning Officer or any other appropriate agency
or body certifies to the Board facts indicating that such stay would
cause imminent peril to life or property; in which case, the development
or official action shall not be stayed otherwise than by a restraining
order, which may be granted by the Board or by the court having jurisdiction
of zoning appeals, on petition, after notice to the Zoning Officer
or other appropriate agency or body. When an application for development,
preliminary or final, has been duly approved and proceedings designed
to reverse or limit the approval are filed with the Board by persons
other than the applicant, the applicant may petition the court having
jurisdiction of zoning appeals to order such persons to post bond
as a condition to continuing the proceedings before the Board.
B.
After the petition is presented, the court shall hold a hearing to
determine if the filing of the appeal is frivolous. At the hearing,
evidence may be presented on the merits of the case. It shall be the
burden of the applicant for a bond to prove the appeal is frivolous.
After consideration of all evidence presented, if the court determines
that the appeal is frivolous, it shall grant the petition for a bond.
The right to petition the court to order the appellants to post bond
may be waived by the appellee, but such waiver may be revoked by him
if an appeal is taken from a final decision of the court.
C.
The question whether or not such petition should be granted and the
amount of the bond shall be within the sound discretion of the court.
An order denying a petition for bond shall be interlocutory. An order
directing the responding party to post a bond shall be interlocutory.
D.
If an appeal is taken by a respondent to the petition for a bond
from an order of the court dismissing a zoning appeal for refusal
to post a bond and the appellate court sustains the order of the court
below to post a bond, the respondent to the petition for a bond, upon
motion of the petitioner and after hearing in the court having jurisdiction
of zoning appeals, shall be liable for all reasonable costs, expenses
and attorney fees incurred by the petitioner.
A.
The Board of Commissioners of Upper Allen Township may from time
to time amend, supplement or repeal any of the regulations and provisions
of this chapter. The procedures for the preparation of a proposed
zoning ordinance, as set forth in § 607 of the Pennsylvania
MPC, Act of 1968, P.L. 805, No. 247, as reenacted and amended, is
hereby declared optional.
B.
Before voting on the enactment of an amendment, the Board of Commissioners
shall hold a public hearing thereon, pursuant to public notice, and
pursuant to mailed notice and electronic notice to an owner of a tract
or parcel of land located within the municipality or an owner of the
mineral rights in a tract or parcel of land within the municipality
who has made a timely request in accordance with § 109 of
the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted
and amended. In addition, if the proposed amendment involves a Zoning
Map change, notice of said public hearing shall be conspicuously posted
by the Township at points deemed sufficient by the Township along
the tract to notify potentially interested citizens. The affected
tract or area shall be posted at least one week prior to the date
of the hearing. In addition to the requirement that notice be posted,
where the proposed amendment involves a Zoning Map change, notice
of the public hearing shall be mailed by the municipality at least
30 days prior to the date of the hearing by first class mail to the
addresses to which real estate tax bills are sent for all real property
located within the area being rezoned, as evidenced by the tax records
within the possession of the municipality. The notice shall include
the location, date and time for the public hearing. A good faith effort
and substantial compliance shall satisfy the requirements of this
subsection. This clause shall not apply when the rezoning constitutes
a comprehensive rezoning.
[Amended 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]
C.
In the case of an amendment other than that prepared by the Planning
Commission, the Board of Commissioners shall submit each such amendment
to the Planning Commission at least 30 days prior to the hearing on
such proposed amendment to provide the Planning Commission an opportunity
to submit recommendations.
D.
If after any public hearing held upon an amendment the proposed amendment
is changed substantially or is revised to include land previously
not affected by it, the Board of Commissioners shall hold another
public hearing, pursuant to public notice, mailed notice and electronic
notice, before proceeding to vote on the amendment.
[Amended 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]
E.
At least 30 days prior to the public hearing on the amendment by
the Board of Commissioners, the Township shall submit the proposed
amendment to the county planning agency for recommendations.
F.
Within 30 days after enactment, a copy of the amendment to this chapter
shall be forwarded to the county planning agency.
A.
A landowner who desires to challenge on substantive grounds the validity
of this chapter or the Zoning Map or any provisions thereof which
prohibit or restrict the use or development of land in which he has
an interest may submit a curative amendment to the Board of Commissioners
of Upper Allen Township with a written request that his challenge
and proposed amendment be heard and decided as provided in § 916.1
of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted
and amended. The curative amendment and challenge shall be referred
to the Planning Commission and the county planning agency as provided
in § 609, and notice of the hearing thereon shall be given
as provided in §§ 610 and 916.1 of the Pennsylvania
MPC, Act of 1968, P.L. 805, No. 247, as reenacted and amended.
B.
The hearing shall be conducted in accordance with § 908
of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted
and amended, and all references therein to the Zoning Hearing Board
shall, for purposes of this section, be references to the Board of
Commissioners; provided, however, that the deemed approval provision
of § 908 of the Pennsylvania MPC (Act of 1968, P.L. 805,
No. 247 as reenacted and amended) shall not apply and the provision
of § 916.1 of the Pennsylvania MPC shall control. If the
Township does not accept a landowner's curative amendment brought
in accordance with this subsection and a court subsequently rules
that the challenge has merit, the court's decision shall not result
in a declaration of invalidity for this entire chapter and Zoning
Map but only for those provisions which specifically relate to the
landowner's curative amendment and challenge.
C.
The Board of Commissioners, if it determines that a validity challenge
has merit, may accept a landowner's curative amendment, with or without
revision, or may adopt an alternative amendment which will cure the
challenged defects. The Board of Commissioners shall consider the
curative amendments, plans and explanatory material submitted by the
landowner and shall also consider:
(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 Map.
(3)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodland, wetlands, floodplains, aquifers,
natural resources and other natural features.
(4)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features;
the degree to which these are protected or destroyed; the tolerance
of the resources to development; and any adverse environmental impacts.
(5)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
A.
If the Township determines that this chapter or any portion hereof
is substantially invalid, it shall take the following actions:
(1)
The Township shall declare by formal action this chapter or
portions hereof substantially invalid and propose to prepare a curative
amendment to overcome such invalidity. Within 30 days following such
declaration and proposal, the Board of Commissioners of Upper Allen
Township shall by resolution make specific findings setting forth
the declared invalidity of this chapter, which may include:
(2)
Begin to prepare and consider a curative amendment to this chapter
to correct the declared invalidity.
B.
Within 180 days from the date of the declaration and proposal, the
Township shall enact a curative amendment to validate or reaffirm
the validity of this chapter pursuant to the provisions of § 609
of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted
and amended, in order to cure the declared invalidity of this chapter.
C.
Upon the initiation of the procedures as set forth in Subsection A, the Board of Commissioners shall not be required to entertain or consider any landowner's curative amendment filed under § 609.1 of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted and amended, nor shall the Zoning Hearing Board be required to give a report requested under § 909.1 or 916.1 of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted and amended, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by Subsection A(1). Upon completion of the procedures set forth in Subsections A and B, no rights to a cure pursuant to the provisions of §§ 609.1 and 916.1 of the Pennsylvania MPC, Act of 1968, P.L. 805, No. 247, as reenacted and amended, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this chapter for which there has been a curative amendment pursuant to this section.
D.
The Township having utilized the procedures set forth in this section
may not again utilize said procedure for a period of 36 months following
the date of enactment of a curative amendment or reaffirmation of
the validity of this chapter; provided, however, if after the date
of declaration and proposal there is a substantially new duty imposed
upon the Township by virtue of a change in statute or by virtue of
a Pennsylvania appellate court decision, the Township may utilize
the provisions of this section to propose a curative amendment to
this chapter to fulfill said duty or obligation.
This chapter shall not apply to signs, properties, uses or structures
owned by Upper Allen Township or by a municipal authority created
solely by Upper Allen Township for uses and structures that are intended
for a public utility, stormwater, public works, recycling, municipal
administrative, public recreation or public health and safety purpose.
In case any building, structure, landscaping or land is, or
is proposed to be, erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this chapter, the Board of Commissioners
of Upper Allen Township or, with the approval of the Board of Commissioners,
an officer of the Township, or any aggrieved owner or tenant of real
property who shows that his property or person will be substantially
affected by the alleged violation, in addition to other remedies,
may institute any appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure, landscaping or land, or
to prevent, in or about such premises, any act, conduct, business
or use constituting a violation. When any such action is instituted
by a landowner or tenant, notice of that action shall be served upon
the Township at least 30 days prior to the time the action is begun
by serving a copy of the complaint on the Board of Commissioners.
No such action may be maintained until such notice has been given.
A.
If it appears to the Township that a violation of this chapter has
occurred, the Township shall initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
B.
The enforcement notice shall be sent to the owner of record of the
parcel on which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding that
parcel, and to any other person requested, in writing, by the owner
of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against
whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within a prescribed period of days.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
D.
In any appeal of an enforcement notice to the Zoning Hearing Board,
the municipality shall have the responsibility of presenting its evidence
first.
E.
Any filing fees paid by a party to appeal an enforcement notice to
the Zoning Hearing Board shall be returned to the appealing party
by the Township, if the Zoning Hearing Board or any court in a subsequent
appeal rules in the appealing party's favor.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorneys' fees incurred by
the Township as a result thereof. No judgment shall commence or be
imposed, levied or payable until the date of the determination of
a violation by the district justice. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues shall constitute a separate violation, unless
the district justice determining that there has been a violation further
determines that there was a good faith basis for the person, partnership
or corporation violating this chapter to have believed that there
was no such violation; in which event there shall be deemed to have
been only one such violation until the fifth day following the date
of the determination of a violation by the district justice, and thereafter
each day that a violation continues shall constitute a separate violation.
B.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
D.
District justices shall have initiation jurisdiction over proceedings
brought under this section.
E.
The
penalties contained herein shall apply to the entire chapter unless
otherwise specified.
[Added 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]