Township of Thornbury, PA Administration

Application for zoning permits. A zoning permit shall be required prior to the erection of any building or structure. All applications for zoning permits shall be made to the Zoning Officer in accordance with this chapter. All applications for a zoning permit shall include:

Application for a zoning permit shall be filed, in writing, with the Township on a form provided by the Township.

The application shall include a separate plot plan that illustrates what currently exists and is proposed for the property subject to the application being made. The plot plan should include the size and configuration of the property and precise location of all man-made structures, easements, and all bodies of water and other natural features.

All applicable fees shall be paid in accordance with § 155-2103.

Permits shall be granted or refused, in writing, within 15 days after receipt of application and shall be valid for one year from the date of issue.

A copy of the approved permit shall be kept conspicuously on the premises, and no person shall perform building operations of any kind unless a zoning permit is being displayed as required by this chapter.

Permits may be renewed annually within 15 days from the expiration thereof for additional successive periods of one year, but each such renewal permit and the issuance thereof shall be subject to the provisions of all of the applicable Township ordinances and any rules, regulations and resolutions made pursuant thereto which are in effect on the date of renewal, which shall be the date of the expiration of the preceding permit.

Failure to renew within the required time shall terminate all renewal privileges.

Before any renewal permit shall be issued, the permittee shall pay an additional fee in an amount as set from time to time by resolution of the Board of Supervisors, and the cost of any additional inspection or other services required to be performed by the Zoning Officer and/or his designee prior to the issuance of such permit.

(7)

Appeals. Whenever a zoning permit is refused or is not acted upon within the required time or an order is given by the Zoning Officer to cease an alleged violation of this chapter, the party so refused the permit or to whom the order is given may appeal such action to the Zoning Hearing Board, or whenever a permit is granted, any interested or affected resident or property owner of the Township may appeal the granting of such permit to the Zoning Hearing Board, who may, if the case warrants, hold the use of building proposed in violation of the Chapter and rescind the permit; provided that such appeals are instituted within the time and in the manner prescribed by the Zoning Hearing Board in the rules it shall formulate.

§ 155-2103 Fees.

The applicant for any permit established under this article shall, at the time of making application, pay a fee in accordance with a Township fee schedule adopted by resolution of the Board of Supervisors from time to time. Fees paid by the applicant shall be nonrefundable. An application under this chapter shall be considered incomplete until all applicable fees, charges, and expenses are paid in full. No action shall be taken on any permit, conditional use, special exception, variance, validity challenge, curative amendment, petition for a zoning change, appeal, or other items under this chapter until all applicable fees, charges, and expenses are paid in full.

§ 155-2104 Board of Supervisors jurisdiction.

The Board of Supervisors shall have exclusive jurisdiction to hear and render final adjudications in the following matters, based on the MPC Section 909(1)(b)[1]:

Applications for planned residential developments under the MPC Article VII.[2]

Editor's Note: See 53 P.S. § 10701 et seq.

Applications for conditional use under the MPC Section 603(c)(2).[3]

Editor's Note: See 53 P.S. § 10603(c)(2).

Applications for subdivisions or land development approval under the MPC Article V.[4]

[4]

Editor's Note: See 53 P.S. § 10501 et seq.

Applications for curative amendments pursuant to the MPC Sections 609.1 and 916.1(a)(2).[5]

[5]

Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1(a)(2).

Petitions for amendments to this chapter, pursuant to the MPC Section 609.[6] 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.

[6]

Editor's Note: See 53 P.S. § 10609.

Amendments to the Official Map under the MPC Article IV.[7]

[7]

Editor's Note: See 53 P.S. § 10401 et seq.

Editor's Note: See 53 P.S. § 10909(1)(b).

§ 155-2105 Conditional use process.

Statement of intent.

This section provides for consideration of certain uses to be permitted in the Township by conditional use. Such have the potential for greater impact on the community and may not be appropriate at every location within a zoning district, and accordingly as permitted by the MPC, this section establishes procedures, standards, and criteria by which to evaluate applications for conditional use. It shall be the burden of the applicant to demonstrate compliance with the standards for conditional use contained in this section and with any other relevant stipulations of this chapter and to indicate means by which potential impacts from the proposed use will be mitigated.

It is intended these uses, constituting major uses having the potential for substantial impact upon the community, shall comply with the standards for conditional uses hereinafter set forth in addition to the relevant stipulations of the district in which the conditional use is authorized. In the sole discretion of the Board of Supervisors, failure to comply with these standards may be deemed a basis for the imposition of appropriate conditions to a grant of approval. Where there is a conflict between the standards set forth in this section and other standards elsewhere established by this chapter or other applicable ordinances, it is intended that the more stringent standards shall apply, and it is not the intent of this section to abrogate or impair any other such standards or requirements.

General requirements.

Ownership. The tract of land under application for conditional use approval shall be in single ownership, or shall be subject of an application filed jointly by the owners of the entire tract, and shall be under unified control. If ownership of the entire tract is held by more than one person or entity, the application shall identify and be filed on behalf of all of the said owners. Approval of the application shall be conditioned upon agreement by the applicant(s) that the tract shall be developed under single direction in accordance with the approved application.

Site work. No site preparation or construction shall be permitted other than in accordance with the approved application. If ownership of all or any portion of the tract changes subsequent to approval of the application, no site preparation or construction by such new owner(s) shall be permitted unless and until such owner(s) shall review the terms and obligations of the approved plan and agree, in writing, to be bound thereby with respect to development of the tract.

The Board of Supervisors shall hold hearings and decide on requests for conditional uses and shall have the power to approve or deny conditional uses by the procedures set forth in this section and any other reasonable conditions and safeguards to protect the health, safety, and general welfare of the community.

Nothing in this section shall be construed to relieve the applicant for a conditional use approval from obtaining other required approvals, such as those mandated by Chapter 115, Subdivision and Land Development, and any other applicable Township, county, state or federal regulations.

Upon receiving conditional use approval, full engineering and construction details shall be required at the subdivision and land development stage in accordance with Township standards for such.

Application. Application for conditional use shall be filed in writing with the Township inclusive of all applicable supplemental materials. It shall include an explanation of the request being made, required filing fee, and the following information necessary to enable the Township to ascertain compliance with this section and other applicable provisions of this chapter:

Name and address of the applicant and of the owner(s) of the tract to be affected by the proposed conditional use application and standards in § 155-2105B(1).

Description and location of the tract on which the conditional use is proposed.

Statement of the present zoning classification, present land use, and existing improvements for the tract in question.

Statement of the section(s) of this chapter allowing the proposed conditional use.

Description of the proposed use and site improvements.

Site plan. A generalized site plan shall be submitted as part of any conditional use application. It is not intended this plan be engineered or contain a fixed architectural layout, such as would be required under Chapter 115, Subdivision and Land Development. The plan shall be drawn to a scale of one inch equals 50 feet and demonstrate compliance with all applicable standards for approval of the conditional use, including the following information:

North point and date of site plan preparation.

Approximate tract boundaries.

Location of tract by indicating nearest street(s) intersection and zoning district.

(d)

Dimensional features showing compliance with the applicable area, width, coverage, yard, and design standards specified in this chapter.

(e)

Existing and proposed streets, site access, interior circulation, and parking proposed for the tract.

(f)

Existing topographical and physical features on and adjacent to the tract, such as structures and improvements, historic resources, easements, nature resources (soils, floodplains, wetlands, watercourses, and woodlands), and a description of how such features will be affected, and if impacted mitigated, by the proposal.

(g)

General lot layout, approximate overall dimensions, gross floor area, coverage and height of each building or structure when applicable as specified in this chapter.

(h)

Location, approximate dimension and arrangement of all areas devoted to ground cover, trees, screen planting, open space, recreation and similar purposes, as applicable.

(i)

Proposed method of water supply and sewage disposal and treatment.

(j)

Proposed method for handling of stormwater in the form of a preliminary written analysis and conclusions as to anticipated methods prepared by a professional engineer.

(k)

The Board of Supervisors may, at its discretion, request one or more of the detailed site analysis plans and/or impact studies as outlined in § 155-704 for transportation, community, and environmental impacts.

(7)

Where specific conditional use submission requirements are contained within another article of this chapter and are applicable to a particular conditional use authorized by that article, those requirements shall be adhered to and shall prevail in any instance of conflict or overlap.

Application review procedure.

Application completeness. The application shall be reviewed by the Zoning Officer for completeness with the components listed in § 155-2105C. If it is deficient with regard to any required components, procedures or fees, the Zoning Officer shall so notify the applicant in writing. This review and notification shall occur prior to the scheduling of a public hearing on the application. If such identified deficiencies are not remedied in the form of a resubmitted application, such deficiencies shall constitute grounds for denial of the application by the Board of Supervisors subsequent to public hearing.

Timing. The Board of Supervisors shall schedule and hold a public hearing on the application, pursuant to public notice, within 60 days of filing unless the applicant, in writing, waives or extends the time limitation.

Planning Commission review. The Township shall submit the application for recommendation to the Township Planning Commission, which shall begin review of the application at its next regularly scheduled meeting at least 30 days prior to the date of the hearing. The Planning Commission, in its review of the conditional use application, shall evaluate, in particular, the generalized site plan in relation to the Township Comprehensive Plan and the physical development of the Township.

Board of Supervisors review. The Board of Supervisors shall conduct their review of the conditional use application pursuant to Section 913.2 of the MPC.[1] The public hearing shall be carried out in accordance with the following:

Public notice shall be given pursuant to the following:

By publishing a notice thereof once a week for two successive weeks, the first not more than 30 days and the second not less than seven days from the date of the hearing in a newspaper of general circulation.

By mailing a notice thereof to the applicant, the Zoning Officer, the Township Manager and to every person or organization that has made timely request for same.

By posting notice of said hearing in a conspicuous location on the affected tract of land at least one week prior to the hearing.

[4]

By the applicant mailing or delivering a notice thereof to the owner of every lot within 500 feet from any lot line of the lot in question not less than 10 days prior to the date of the hearing. The name and address of the persons to whom the notice shall be given shall be those listed on the tax records.

[5]

The notice herein shall be a copy of the advertisement submitted for publication. Posting and mailing or delivering of the notice shall be the responsibility of the applicant.

A stenographic record of the hearing proceedings shall be made by a court reporter. The appearance fee for the court reporter shall be shared equally by the applicant and the Board of Supervisors. Any party requesting the original transcript or a copy of the transcript shall bear the cost of the same as required by the court reporter.

The plan presented at the public hearing shall be essentially the same as that reviewed by the Planning Commission. At the discretion of the Board of Supervisors, changes deemed substantial may result in rescheduling the public hearing where the Planning Commission finds that such changes necessitate a greater period of time for review and comment.

Editor's Note: See 53 P.S. § 10903.2.

Conditions for approval. In reviewing an application for conditional use, the Board of Supervisors shall evaluate the application for its degree of compliance with the following conditions with which the applicant shall be responsible for demonstrating compliance.

The proposed use is consistent with the purpose of the zoning district in which it is permitted, the overall purpose for zoning as described in Article I, the policies of the Comprehensive Plan, and serves the health, safety, and general welfare of the Township.

The proposed use is capable of satisfying the applicable provisions and requirements of Chapter 115, Subdivision and Land Development, and other applicable ordinances, codes and/or regulations.

The proposed use is limited to those allowed as conditional uses within the zoning district in which the lot or tract is located.

(d)

The proposed use and its proposed construction is located in an area for which site conditions are suited.

(e)

The proposed use is compatible with land uses on adjacent properties, including historic structures, and will be designed, constructed and maintained in a manner which complements the appearance and character of the neighborhood.

(f)

If containing more than one building, the proposal consists of a harmonious grouping of buildings or other structures.

(g)

The proposed use is consistent with and will have no adverse effect upon public services and infrastructure such as police, fire protection, recreational opportunities, open space, and public schools.

(h)

The proposed use reflects an environmentally sensitive approach to land planning and design and will be sited in a manner sensitive to existing site conditions, including watercourses, vegetation, and other natural resources.

(i)

The proposed use provides safe and adequate access to existing or proposed streets, will not result in excessive traffic volumes, and will make improvements needed to create compatibility with adjacent streets and public services.

(j)

Interior traffic circulation for the proposed use provides safe and convenient circulation for all users, including vehicular and pedestrian modes of traffic, parking areas, and addresses emergency management considerations.

(k)

Evidence of adequate water supply and sewage disposal capability for the proposed use is provided. The tract or lot shall be served by a water supply system and a sewage disposal system deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer. Such facilities shall be designed and constructed in compliance with the applicable sections of Chapter 115, Subdivision and Land Development, and Act 537 Sewage Facilities Plan.

(l)

The proposed use will be developed using best stormwater management practices and soil erosion and sedimentation control techniques consistent with the requirements of Chapter 115, Subdivision and Land Development, and Chapter 116, Stormwater Management, and all other applicable codes and ordinances.

(m)

Development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement. The owner, developer, and Township shall enter into said agreement embodying all details regarding compliance with this chapter to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.

(n)

The Board of Supervisors may impose other conditions of approval, in addition to those required herein, as may be necessary to ensure compliance with this chapter and any other relevant ordinances, regulations, and codes.

Application decision.

Approval of application. In accordance with Section 913.2(b)(1) of the MPC,[2] the Board of Supervisors 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, unless the applicant, in writing, waives or extends the time limitation. In approving a conditional use application where such use is authorized under this chapter, the Board of Supervisors may, at its sole discretion, attach such conditions to its approval as it deems necessary to further the purposes of this chapter. Such conditions may include, but need not be limited to:

Specific modifications to area and bulk requirements as might otherwise be applicable;

Provisions for additional utility or traffic safety facilities;

Securing of additional easements or property to assure property site design; or

(d)

Modification to the applicable design standards.

Editor's Note: See 53 P.S. § 10913.2(b)(1).

If the Board of Supervisors approves the application and accompanying generalized site plan, such approved plan shall accompany any as prescribed by Chapter 115, Subdivision and Land Development, in addition to the detailed working drawings normally required and any application for a building permit. The issuance or rejection of a building permit shall take place in the regularly prescribed manner herein pertaining to building permits but shall be preceded by compliance with Chapter 115, Subdivision and Land Development.

Denial of application. In accordance with Section 913.2(b)(1) of the MPC,[3] the Board of Supervisors 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, unless the applicant, in writing, waives or extends the time limitation. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of the MPC or of any 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.

Editor's Note: See 53 P.S. § 10913.2(b)(1).

Deemed approval of application. In accordance with Section 913.2(b)(1.2) of the MPC,[4] if the Board of Supervisors fails to render the decision within 45 days or fails to commence, conduct or complete the required hearing within 60 days from the date of receipt of the application, 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 governing body to meet or render a decision as hereinabove provided, the governing body 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 mandatory public notice requirements. If the governing body shall fail to provide such notice, the applicant may do so.

[4]

Editor's Note: See 53 P.S. § 10913.2(b)(1.2).

Expiration of conditional use approval. Unless the Board of Supervisors grant an extension via the applicant submitting complete forms for such furnished by the Township, any grant of conditional use approval shall be deemed null and void six months from the date of such approval if, within that period, the applicant does not begin work or no application is made for a building permit, use and occupancy permit, or subdivision or land development, as appropriate, or any other approval or permit required by the Township to proceed with construction, occupancy, or use pursuant to the conditional use approval.

§ 155-2106 Municipal liability.

The granting or denial of any permit under this chapter shall not constitute a representation, guarantee, or warranty of any kind by, or create liability upon or a cause of action against, the Township or any of its officials or employees for any injury or damage that may occur from use, development, erection, alteration, enlargement, or other modification of buildings, structures, or the use of land.

§ 155-2107 Violations, causes of action, and enforcement.

Complaints of violation. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a complaint in regard thereto. All such complaints, stating fully the causes and basis of the complaint, shall be filed with the Zoning Officer. The Zoning Officer shall properly record such complaint, investigate, and take action thereon as provided by this article.

Causes of action. Where any building, structure, landscaping, or land is or is proposed to be erected, reconstructed, altered, converted, maintained or used in violation of this chapter, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township or an aggrieved owner or tenant of real property who shows that his/her 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 owner 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. No such action may be maintained until such notice has been given.

Enforcement notice. 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 based on the MPC Section 616.1.[1] 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. An enforcement notice shall state at least the following:

The name of the owner of record and any other person against whom the Township intends to take action.

The location of the property in violation.

The specific violation, with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.

The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

That the recipient of the notice has the right to appeal to the Zoning Hearing Board within the period of time and procedures set forth in Article XX.

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 described.

Editor's Note: See 53 P.S. § 10616.1.

Enforcement remedies. Any person, partnership, or corporation that 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 before a Magisterial District Judge, pay a judgment of not more than $600 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 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 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 the 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 Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation.

All judgments, costs, and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Township.

The appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

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.

(7)

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.

(8)

Magisterial District Judges shall have initial jurisdiction over proceedings brought under enforcement remedies.

§ 155-2108 Chapter amendments.

The Board of Supervisors may, from time to time, amend, including supplement, change, modify, or repeal, this chapter, including the Zoning Map and other adopted materials in the Appendix, by proceeding in the manner prescribed in this section in accordance with the MPC Sections 609, 609.1, and 609.2.[1] Proposals for amendment may be initiated by the Board of Supervisors on its own notion, Township Planning Commission, or by landowner(s) petition as follows.

Proposals originated by the Board of Supervisors.

Policy amendment. The Board of Supervisors may determine amendment to this chapter is needed for reasons of policy or regular Township business. The Board of Supervisors shall refer every proposed amendment to the Township Planning Commission and the County Planning Commission at least 30 days prior to the hearing on such to provide an opportunity for review and to submit recommendation. Such shall consider whether the proposed amendment is consistent with the purpose and community development objectives in Article I of this chapter, the Township Comprehensive Plan, County Comprehensive Plan, and the MPC.

Township curative amendment. The Board of Supervisors may determine amendment is needed to correct an invalidity in this chapter. This type of amendment shall follow procedure in the MPC Section 609.2.[2]

Editor's Note: See 53 P.S. § 10609.2.

Proposals originated by the Township Planning Commission. The Township Planning Commission may at any time transmit to the Board of Supervisors any proposal for the amendment of the provisions of this chapter. If the Board of Supervisors decides to move forward with such amendment as drafted, § 155-2108A(1) shall apply.

Hearings. In the case of amendments brought about based on § 155-2108A and/or § 155-2108B, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice, unless such proposal is withdrawn by the applicable party. Such hearing and notice shall meet requirements of the MPC Section 609.[3] No amendment shall become effective until after a public hearing in relation thereto.

Editor's Note: See 53 P.S. § 10609.

Proposals originated by landowner's petition. A landowner(s) who desires to challenge on substantive grounds the validity of this chapter or the Zoning Map or any provision thereof, which prohibits or restricts the use or development of land in which the landowner has an interest, may submit a curative amendment to the Board of Supervisors with a written request, along with the applicable fee, that the landowner's challenge and proposed amendment be heard and decided per the MPC Section 609.1, including the Board of Supervisors shall commence a hearing thereon within 60 days of the request, the request shall be referred to the Township and County Planning Commissions, and notice of the hearing thereon shall be given.