[Amended 4-27-2016 by Ord. No. 187; 8-12-2020 by Ord. No. 198]
A.
The Zoning Officer is hereby authorized and directed to enforce the
provisions of this chapter and to institute civil enforcement proceedings
when acting within the scope of his employment. Zoning permits shall
be secured from the Zoning Officer prior to erection, alteration,
or addition to any building, structure or portion thereof and prior
to change in use of a building and/or extension of a nonconforming
use.
B.
If it appears that a violation of this chapter has occurred, the
Zoning Officer shall initiate enforcement proceedings by sending an
enforcement notice 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. Enforcement
notices shall follow the procedures set forth under Section 616.1(c)
of the Pennsylvania Municipalities Planning Code. Appeals of the notice
of violation must be filed within 30 days of issuance of the notice.
C.
Where a private sewage disposal system is required, no building permit
may be issued until a permit for said private sewage disposal system
has been issued.
A.
Appointment of Zoning Officer. This chapter shall be enforced by
the Zoning Officer who shall be appointed by the Board of Supervisors.
Said Zoning Officer shall not hold any elective office in the Township.
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.
B.
Duties and powers.
(1)
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.
(2)
The Zoning Officer is hereby authorized to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment.
(3)
The Zoning Officer shall receive and examine all applications required
under the terms of this chapter and shall issue or refuse permits.
The Zoning Officer shall issue a written notice of violation to any
person, firm, or corporation violating any provisions of this chapter.
He or she shall keep records of applications, of permits or certificates
issued, of variances granted, of inspections made, of reports rendered
and of notice or orders issued and, where applicable, shall identify
and register nonconforming uses and structures and shall make all
inspections required to determine conformance with this chapter and
perform all other duties as called for in this chapter.
A Zoning Hearing Board is hereby established in accordance with
the provisions of the State Act of 1968, P.L. 805, No. 247, as reenacted
and amended, the Pennsylvania Municipalities Planning Code.[1] The members of the Board shall be residents of the Township
and shall be appointed by the Board of Supervisors to serve for terms
as prescribed by law.
A.
Board functions. The Board shall be responsible for the following:
(1)
To hear and decide appeals against any alleged errors or actions
of the Zoning Officer.
(2)
To hear and decide all requests for the interpretation of any fact
or provision of this chapter.
(3)
To hear and decide all requests for variances.
(4)
To hear and decide all requests for special exceptions in accordance
with the standards and criteria set forth in this chapter.
(5)
To hear and decide challenges to the validity of this chapter or
Zoning Map or to any procedural questions or defects which are within
its jurisdiction.
B.
All findings and decisions of the Board shall be in writing and shall
be rendered within 45 days after the last hearing before the Zoning
Hearing Board, and if the Board fails to render such a decision, then
the decision shall be deemed to have been rendered in favor of the
applicant unless the applicant has agreed, in writing, to an extension
of time.
C.
The Board shall perform such other duties as may be provided or made
necessary by this chapter or by State Act of 1968, P.L. 805, No. 247,
as reenacted and amended,[2] including the interpretation of zoning boundaries, the
holding of hearings after proper notice or the referral of any pertinent
matter to the Board of Supervisors and/or Planning Commission for
review and recommendations. The Board shall keep a full public record
and a summary of the facts in cases over which it has jurisdiction
and shall maintain adequate records on its findings and decisions.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Upon appeal, and after public notice as well as personal notice to
appellant, and after a hearing, the Board may grant a variance, provided
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 or
a variance is therefore necessary to enable the use of the property;
(3)
That such unnecessary hardship has not been created by the appellant;
(4)
That the variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
nor substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare; and
(5)
That the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
B.
A request for a variance shall be made by way of appeal to the Board
from a decision of the Zoning Officer.
C.
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.
[Amended 4-27-2016 by Ord. No. 187; 8-12-2020 by Ord. No. 198]
Upon filing with the Board, an appeal, or a request for a variance
as required by the terms of this chapter, or for such other purposes
as provided herein where the Board deems it in the public interest,
the Board shall fix a time and place for a public hearing thereon
as follows:
A.
Public notice. By advertising at least once in a newspaper of general
circulation in the Township, not less than one week nor more than
three weeks in advance of such hearing. By providing notice published
once each week for two successive weeks in a newspaper of general
circulation in the municipality. The first publication shall not be
more than 30 days and the second publication shall not be less than
seven days from the date of the hearing.
B.
Notice to appellant. By mailing a notice thereof by registered mail
to the appellant.
C.
Notice to local officials. By mailing a notice to the Township Supervisors
and Township Planning Commission.
D.
Notice to interested parties. By mailing a notice thereof to every
association of residents of the Township, and any other interested
party who shall have registered their names and addresses for this
purpose with the Board.
E.
Notice to owner and neighbors. When the Board shall order, by mailing
a notice thereof to the owner, if his residence is known, and to the
occupant of every lot on the same street within 300 feet of the lot
or building in question and of every lot not on the same street within
100 feet of said lot or building, provided that failure to give such
notice as specified in this subsection shall not invalidate any action
by the Board.
F.
Nature of notice. The notice required shall be posted upon instruction
from the Board, and shall state the location of the building or lot
in question and the general nature of the question involved.
G.
Conduct of hearings. All hearings shall be conducted in accordance
with the following:
(1)
The parties to the hearing shall be the Township, any person affected
by the application who has made timely appearance of record and any
other person, including civic or community organizations, permitted
to appear by the Board or by Township Supervisors.
(2)
The Board or Township Supervisors shall have power to administer
oaths and to issue subpoenas to compel the attendance of witnesses
and the production of relevant documents and papers, including witnesses
and documents requested by the parties.
(3)
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.
(4)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(5)
The Board, Township Supervisors or the hearing officer, as the case
may be, shall keep a stenographic record of the proceedings.
(6)
The Board, Township Supervisors 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.
(7)
The Board, Township Supervisors 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, Township Supervisors 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.
Where the Board, Township Supervisors or the hearing officer, as the
case may be, fails to render the decision within the period required
by this subsection or fails to hold 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.
(8)
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 no later than the day following the date of the decision.
To all other persons who have filed their name and address with the
Board or Township Supervisors not later than the last day of the hearing,
a brief notice of the decision or findings and a statement of the
place at which the full decision or findings may be examined shall
be mailed.
Township Supervisors shall by resolution establish separate
filing fees for the following categories of permits.
A.
Township may initiate appropriate action. In case any building or
structure is erected, constructed, reconstructed, altered, repaired,
converted, or maintained, or any building structure or land is used
in violation of this chapter, or of any ordinance or regulation made
under authority conferred hereby, the Board or other proper official,
in addition to other remedies, may institute any appropriate action
or proceedings to prevent such unlawful erection, conversion, maintenance
or use, to restrain, correct, or abate such violation within 10 days
and to prevent the occupancy of said building, structure or land,
or to prevent any illegal act, conduct, business, or use in or about
such premises.
B.
Violation punishable. 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 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 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 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
A landowner, who desired to challenge on substantive grounds the
validity of this chapter or map or any provision thereof which prohibits
or restricts the use or development of land in which he has an interest,
may submit the challenge to the Zoning Hearing Board for a report
thereon. The landowner's challenge shall be set forth in a written
request to the Board for a hearing. Said request shall contain a short
statement reasonably informing the Board of the matters that are at
issue and the grounds for the challenge.
B.
The request shall be accompanied by plans and other materials describing
the use or development proposed by the landowner in lieu of the use
or development permitted by this chapter or map. Such plans and materials
shall provide reasonable notice of the proposed use or development
and a sufficient basis for evaluating this chapter in light thereof.
C.
The Board shall commence a hearing within 60 days of receipt of the request. Public notice of the hearing shall be given in accordance with § 525-58A hereof, listing the time and place of the scheduled hearing. Said notice shall state that the validity of the chapter or map is in question and shall state the times and location at which a copy of the landowner's request, along with his plans may be examined by the public.
D.
At the hearing, the Board shall take evidence and make a stenographic
record. At the conclusion of the hearing, the Board shall decide all
contested questions and shall make findings on all relevant issues
of fact.
E.
The Board shall file its report on the validity of the challenge
to this chapter within 30 days after the close of the last hearing
on the request, unless the time is extended by mutual consent between
the landowner and the Board. A written copy of the Board's report
shall be made available to the landowner.
The Township Board of Supervisors, by the affirmative vote of
a majority of the members, may from time to time amend, supplement,
change, modify, or repeal this chapter, including the Zoning Map,
by proceeding in the following manner:
A.
Public hearing. The Board of Supervisors by resolution adopted at
a stated meeting, shall fix the time and place of a public hearing
on the proposed amendment. At least 15 days' notice of the time and
the place of such hearing shall be published in at least one newspaper.
The notice shall state the general nature of its contents and shall
name the place or places where copies of the proposed amendment may
be examined.
B.
Review by Planning Commission. In the case of an amendment other
than one prepared by the Barrett Township Planning Commission, the
Board of Supervisors shall submit each such amendment to the Barrett
Township Planning Commission at least 30 days prior to the hearing
on such proposed amendment to provide the Planning Commission an opportunity
to submit recommendations. Furthermore, the Board of Supervisors shall
submit each proposed amendment to the Monroe County Planning Commission
at least 30 days prior to the hearing on the proposed amendment to
provide that Planning Commission an opportunity to submit recommendations.
Within 21 days of receipt of the proposed amendment, the Barrett Township
Planning Commission shall submit to the Board of Township Supervisors
a report in writing with recommendations on the proposed amendment.
If the Planning Commission shall fail to file such report within the
specified time, it shall be conclusively presumed that the Planning
Commission approved the proposed amendment.
C.
Opportunity to be heard. At the public hearing, full opportunity
to be heard shall be given to any citizen and all parties in interest.
A.
A landowner who desired to challenge on substantive grounds the validity
of this chapter or map, or any provision thereof, which prohibits
or restricts the use or development of land in which he has an interest
may submit a curative amendment to the governing body with a written
request that his challenge and proposed amendment be heard and decided
by the Board of Supervisors. The curative amendment and challenge
shall be referred to the Barrett Township and Monroe County Planning
Commissions and shall follow the procedure described in 53 P.S. §§ 10609.1
and 10916.1.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The request shall be accompanied by plans and other materials describing
the use or development proposed by the landowner in lieu of the use
or development permitted by this chapter or map. Such plans and materials
shall provide reasonable notice of the proposed use or development
and a sufficient basis for evaluating this chapter in light thereof.
The request shall be accompanied by an amendment to this chapter proposed
by the landowner to cure the alleged defects therein.
C.
Public notice of the proposed curative amendment shall be given in accordance with § 525-58A hereof, listing the time and place of the scheduled hearing. Said notice shall state that the validity of this chapter or map is in question and shall state the time and location at which a copy of the landowner's request, along with his plans, may be examined by the public.
D.
At the hearing, the Board of Supervisors shall take evidence and
make a stenographic record. At the conclusion of the hearing, the
Board of Supervisors shall decide all contested questions and shall
make findings on all relevant issues of fact.
E.
The landowner's request for a curative amendment shall be deemed
denied when:
(1)
The Board of Supervisors notified the landowner that it will not
adopt the amendment;
(2)
The Board of Supervisors adopts another amendment which is unacceptable
to the landowner; or
(3)
The Board of Supervisors fails to act on the landowner's request
within 30 days after the close of the last hearing on the request,
unless the time is extended by mutual consent between the landowner
and the Board.
All conditional uses permitted in this chapter shall comply
with the following procedures and standards.
A.
Application.
(1)
The application shall be submitted in writing to the Township Zoning
Officer, on a form to be supplied by the Township, and shall include
sufficient information to document compliance with the applicable
standards of this chapter. A tentative sketch plan of the proposed
development shall also be included.
(2)
The application shall include a fee, which shall be set by resolution
of the Board of Supervisors.
(3)
The Township Zoning Officer shall submit one copy of the application
to the Monroe County Planning Commission for its advisory review,
one copy to the Township Planning Commission, one copy to the Township
Board of Supervisors, and other copies to agencies and/or technical
consultant whose review may be relevant.
B.
Public hearing.
(1)
The Township Board of Supervisors shall schedule a public hearing
within 60 days of the date of application, pursuant to public notice,
to consider the proposal.
(2)
The Board of Supervisors shall render a written decision within 15
days of the close of the last hearing. This decision shall be sent
by certified mail to the applicant at the address provided on the
application form filed with the Township.
(3)
The Township Board of Supervisors shall consider the comments and
recommendations of the Township and County Planning Commissions, other
advisors, and those present at the public hearing prior to deciding
to approve or deny the proposed use.
C.
Standards of approval for conditional uses.
(1)
The applicant shall demonstrate at the public hearing that the proposed
use shall not be contrary to the public health, safety, and welfare
of the community.
(2)
In particular, the applicant shall demonstrate the adequacy of the
proposed vehicular circulation system and other roadway improvements,
pedestrian circulation system, utilities, buffering and screening,
and protection of floodplain, steep slopes, and other natural features.
These requirements are in addition to any other regulations required
by this chapter.
(3)
In allowing a conditional use, the Board of Supervisors 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.
In the interpretation and the application of the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals, and general welfare.
It is not intended to interfere with or abrogate or annul other rules,
regulations or ordinances, provided that where this chapter imposes
greater restrictions upon the use of buildings or premises, or upon
the height or bulk of a building, or requires larger open spaces,
the provisions of this chapter shall control.
If any section, subsection, sentence, clause, or phase of this
chapter is for any reason held by a court of competent jurisdiction
to be invalid, such a decision shall not affect the validity of the
remaining portions of this chapter. The Board of Supervisors hereby
declares that it would have passed this chapter and each section or
part thereof irrespective of the fact that any one or more sections
or parts thereof be declared invalid.
All ordinances or parts of ordinance of the Township of Barrett
in conflict with this chapter, to the extend of such conflict and
no further, are hereby repealed.
This chapter shall take effect immediately upon the adoption
hereof.
