A.
Creation of Zoning Hearing Board. There is hereby created a Zoning
Hearing Board, herein referred to as the "Board," consisting of three
residents of the Township and alternates, appointed by the Board of
Supervisors pursuant to the Pennsylvania Municipalities Planning Code,
as amended.[1] Said Board shall perform all the duties and exercise all
powers prescribed by said code and as herein further provided.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Variances. Variances are only permitted when approved by the Board
in accordance with the criteria set forth in this chapter and as required
by law, after public hearing pursuant to public notice, and in accordance
with the requirements of the Pennsylvania Municipalities Planning
Code.
C.
Standards for variance. A variance may be granted where the provisions
of this chapter inflict unnecessary hardship and all 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 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, not 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.
D.
Conditions. The Board may approve variances and special exceptions
and the Township Supervisors may approve conditional uses subject
to reasonable and appropriate conditions.
E.
Special exception.
(1)
The Board may issue special exception permits for any of the
uses requiring such permits under the terms of this chapter. The Board
shall hear and decide requests in accordance with the established
standards and criteria; public notice shall be given for such hearings.
(2)
In granting special exception permits, the Board shall prescribe
the basis upon which the permit was issued and the conditions deemed
necessary or desirable for the protection of public interests. No
special exception permits shall be granted by the Board unless it
finds that the use for which such permit is sought will not be injurious
to the neighborhood, not be inconsistent with the character of the
surrounding neighborhood or otherwise detrimental to the public health
and welfare, and that the use will not substantially impair an adequate
supply of light and air to adjacent properties or overcrowd the land,
or create undue concentration of population or substantially increase
congestion in the streets, or create hazardous traffic conditions
or increase the danger or fire, and that the use will be in harmony
with the general purposes of this chapter.
(3)
Applications for special exceptions may be subject to additional
more specific standards and criteria as established in other sections
of this chapter.
F.
Appeals where the Board has jurisdiction over matters pursuant to
the above subsections, the Board shall also hear all appeals which
an applicant may elect to bring before it with respect to any other
municipal ordinance or requirement pertaining to the same development.
In any such case, the Board shall have no power to pass upon nonbonding
issues, but shall take evidence and make a record thereon as provided
in this chapter. At the conclusion of the hearing, the Board shall
make findings on all relevant issues of fact which shall become part
of the record on appeal to court.
G.
Expiration of variances special exceptions and conditional uses.
The validity of a variance, or conditional use permit shall not exceed
one year from the date of authorization and shall expire if the applicant
has failed to obtain other appropriate permits and commence work or
use as planned and approved within one year.
A.
The Township of Robinson shall appoint or reappoint a Zoning Officer
who shall administer and enforce the provisions of this chapter and
shall do so in accordance with the provisions of this chapter and
the Pennsylvania Municipalities Planning Code.[1] The Zoning Officer shall not hold any elective office
in the Township. The Township may also appoint one or more Assistant
Zoning Officers, as it deems necessary, to administer this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Duties of the Zoning Officer. 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 or use which
does not conform to this chapter. The Zoning Officer shall be considered
as qualified to perform his duties by meeting the qualifications established
by the Township. In addition, the Zoning Officer's duties, obligations
and responsibilities include the following:
(1)
Application for zoning certificates. The Zoning Officer shall
receive applications for zoning certificates. Applications conforming
to such ordinances shall be approved, and those not conforming to
such ordinances shall be denied.
(2)
Inspections. The Zoning Officer or a duly appointed assistant
may examine, or cause to be examined, all structures and/or land for
which an application for a zoning certificate has been requested.
Such inspections may be before, during and after construction and
shall be made upon the termination of construction and prior to the
issuance of a zoning certificate.
(3)
Applications, appeals and certificates. The Zoning Officer may
issue or deny such certificates as required by this chapter where
no other body is involved, shall receive all applications for conditional
uses and variances and forward same to the appropriate body. Where
a decision is made by another body, the Zoning Officer shall issue
or deny the certificate as ordered by the applicable Board.
(4)
Enforcement. The Zoning Officer is authorized to institute civil
enforcement proceedings as a means of enforcing this chapter and to
revoke or refuse permits as authorized.
A.
Remodeling
or improvement of an existing building or structure which does not
alter the basic structure, create additional lot area coverage or
change in use of the parcel or building is exempt from this specific
requirement in all zoning districts.
B.
Certificate of zoning. A zoning certificate or occupancy permit shall
be required prior to the occupancy or use of any vacant land or prior
to the occupancy or use of any structure hereafter constructed, reconstructed,
moved, altered or enlarged. Zoning certificates shall be required
for a change of use of a structure or land to a different use and
changes to a nonconforming use or structure. Occupancy permits shall
be required following completion of construction as approved. Said
applications shall be on forms as approved by the Township Board of
Supervisors and shall be accompanied by a fee as set by the Township.
It is the intent of this chapter that all appeal processes should
follow the Pennsylvania Municipalities Planning Code[1] or other appropriate state law. The filing of appeals
and variances shall be within such time limits as specified by the
Pennsylvania Municipalities Planning Code. The filing of conditional
uses shall follow procedures set forth by the Township Supervisors.
The zoning certificate shall also be issued upon request to confirm
that the use of land or a building within the Township is in compliance
with this chapter. The Township shall determine the exact form of
the certificates and fees charged.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Sign permit. A sign permit shall be required prior to the erection
or alteration of any sign, except those signs specifically exempted
from this requirement in this chapter.
(1)
Application for a sign permit shall be made, in writing, to
the Zoning Officer and shall contain all information necessary for
the Zoning Officer to determine whether the proposed sign, or the
proposed alterations, conform to all the requirements of this chapter.
(2)
No sign permit shall be issued except in conformity with the
regulations of this chapter, except after written order from the Board
or the courts.
(3)
All applications for sign permits shall be accompanied by plans
or diagrams in duplicate and approximately to scale, showing the following:
A.
Enforcement notice. When it is determined that a violation has occurred
to the Township and/or Zoning Officer, the Zoning Officer shall send
an enforcement notice. 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 the parcel, and any other person requested, in writing,
by the owner of record, and the notice will be sent by first-class
mail, certified receipt. The enforcement notice shall state 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 time in accordance
with procedures set forth in this chapter.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Board, constitutes a violation, with
possible sanctions clearly described.
B.
Causes of action. 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,
and any amendment thereto or prior enabling laws, the Township, the
Zoning Officer, 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 Supervisors of Robinson Township.
No such action may be maintained until such notice has been given.
C.
Jurisdiction. Magisterial District Judges shall have initial jurisdiction over proceedings brought under § 420-703B.
D.
Enforcement remedies. Any person, partnership or corporation who
or which has violated or permitted the violation of the provisions
of this chapter and any amendment thereto any prior enabling laws
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Township as a result thereof. No judgment shall commence or be imposed,
levied or payable until the date of the determination of a violation
by the Magisterial District Judge. 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 Magisterial District Judge determines that there has been a violation
and 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 continues shall constitute
a separate violation by the Magisterial District Judge, and, thereafter,
each day that a violation continues shall constitute a separate violation.
All judgments, costs and reasonable attorney fees collected for the
violation of this chapter shall be paid over to the Township. Nothing
contained in this section shall be construed or interpreted to grant
any person or entity other than the Township and its Zoning Officer
the right to commence any action for enforcement pursuant to this
section.
A.
General. The Board of Supervisors may introduce and/or consider amendments
to this chapter and to the Zoning Map, as proposed by a member of
the Board of Supervisors, the Planning Commission, or by a petition
of a person or persons residing or owning property within the Township.
B.
Petitions. Petitions for amendments shall be filed with the Zoning
Officer, and the petitioners, upon such filing, shall pay an advertising
deposit and a filing fee, in accordance with a fee schedule affixed
by the Township.
C.
Referral. Any proposed amendment presented to the Board of Supervisors
without written findings and recommendations from the Township Planning
Commission and the Washington County Planning Commission shall be
referred to these agencies for their review and recommendations prior
to the public hearing by the Board of Supervisors. The Board shall
not hold a public hearing upon such amendments until required reviews
and recommendations are received or the expiration of 30 days from
the date that such proposed amendment were submitted to the Township
and County Planning Commissions.
D.
Action. Before acting upon a proposed amendment, the Board of Supervisors
shall hold a public hearing thereon. Public notice of such hearing
is required and shall contain a brief summary of the proposed amendment
and reference to the place where copies of the same be examined and
shall be published in accordance with the provisions of the Pennsylvania
Municipalities Planning Code.[1] If the proposed amendment involves a change to the Zoning
Map, notice of the public hearing shall be posted at the affected
tract in accordance with Section 609 of the Planning Code[2] at least one week prior to the date of the hearing.
