A.
Persons desiring to undertake any new construction, structural or site alteration or changes in the use of a building or lot shall apply to the Zoning Officer for a zoning permit by filling out the appropriate application form and by submitting the required fee. In all cases where persons or applicants seek a zoning permit for a nonresidential use, under this section, then, in that event, the person or applicant seeking the zoning permit shall submit a site plan in accordance with § 300-61 of this chapter, with the zoning permit application.
B.
The Zoning Officer shall either issue the zoning permit or shall
refuse the permit, indicating in writing the reason for refusal. Certain
construction, alterations or uses require approval of the Zoning Hearing
Board and/or approval of the Board of Supervisors.
C.
If refused a permit by the Zoning Officer, the applicant may appeal
to the Board for further consideration.
D.
After the zoning permit has been received by the applicant, he may
proceed to obtain other necessary permits and undertake the action
permitted by the zoning permit and the other necessary permits.
E.
Upon completion of such action, the applicant shall apply to the
Zoning Officer for an occupancy permit where such a permit is required.
F.
If the Zoning Officer finds that the action of the applicant is in
accordance with the zoning and any other required permits, he shall
then issue an occupancy permit allowing the premises to be occupied.
A.
It is the purpose of this procedure to enable the Township Planning
Commission and Township Board of Supervisors to review the site plans
of an applicant to assure that they meet the stated objectives and
standards of this chapter, conform to the stated objectives of other
agencies, provide for the safety and convenience of the general public,
as well as those using the subject site, and preserve important site
features and landscaping where desirable.
B.
Procedure.
(1)
In all cases where persons or applicants seek a zoning permit for a nonresidential use, under this section, then, in that event, the person or applicant seeking the zoning permit shall submit a site plan in accordance with § 300-61C of this chapter, with the zoning permit application.
(2)
The Zoning Officer shall submit the site plan and supporting documents
to the Township Planning Commission and other required review agencies
within 10 days of the receipt of the site plan.
(3)
The Planning Commission may refer applications for site plan review
to other appropriate agencies and authorities for review and recommendations.
(4)
The Planning Commission and Township Board of Supervisors shall have
a total of 90 days from the date of the first regular Planning Commission
meeting after the submission of the application, according to the
same time requirements allowed for subdivision and land development
plan submissions and reviews under the Pennsylvania Municipalities
Planning Code, Act 247, as amended (53 P.S. § 10101 et seq.),
unless an extension of time is granted by the applicant.
C.
Application requirements.
(1)
Application for site plan review shall be submitted to the Zoning
Officer. Fifteen copies of all plans certified by a registered architect,
engineer or surveyor shall be submitted, along with the site plan
review fee, as established by resolution of Township Board of Supervisors,
to cover the additional expense of reviewing said site plan. Any request
for a waiver from any provision of this site plan requirement shall
be made to the Board of Supervisors, along with a fee for such request
as established by resolution.
(2)
The site plan shall include, as a minimum, all the following information,
except that these requirements may be modified by the Planning Commission
to reflect the information needed to review adequately the plans for
the intended use:
(a)
Location of the site, drawn to a scale of not less than one
inch equals 50 feet, showing abutting streets, nearest cross streets,
driveways to adjacent lots, structures on adjacent lots which are
less than 100 feet from the property line, dimensions and size of
the lot.
(b)
Streets and property lines, curbs, pavement sidewalks, easements
and rights-of-way.
(c)
Locations and dimensions of all existing and proposed buildings,
structures, walls, fences, utility buildings, existing trees of eight-inch
caliper or more at four feet above the ground and other significant
landscape elements.
(d)
Existing and proposed contours, at maximum two-foot intervals,
and limit of earth disturbance.
(e)
Location of all existing watercourses, wetlands, drainageways,
floodplain limits and rock outcroppings, cliffs, quarries and woodlands.
Also, the location of any carbonate geology features that might pertain
to the site.
(f)
Zoning data for all proposed buildings, structures or uses,
including height, number of stories, yards, building coverage, number
of parking spaces, number of dwelling units, total building area and
proposed uses. Also, zoning calculations of slope, woodland cover,
floodplain, wetlands, rock outcrop, cliff and quarry areas with associated
calculations of required adjusted lot size development density or
cover requirements.
(g)
The title of the development, date, revision dates, North arrow,
scale, name and address of owner, name and address of equitable owner
(if applicable) and name and address of applicant, if different from
owner or equitable owner, and signature of the applicant and the owner
with a statement indicating their approval of the plan.
(h)
Location and dimensions and proposed surfacing of existing and
proposed off-street parking and loading spaces, traffic access, circulation
drives and pedestrian walks and projected volumes of vehicle and pedestrian
traffic using the site.
(i)
Location, size and type of proposed landscaping and buffer planting
and the designation of those areas of natural vegetation not to be
disturbed.
(j)
Location, type, design, shielding and hours of operation of
all existing and proposed exterior, parking lot and garage lighting.
(k)
Description and elevation view of all proposed structures.
(l)
Location, type, size, design, color and illumination of all
signs.
(m)
Location and description of water supply, fire protection system,
sewage facilities and stormwater management facilities and supporting
calculations.
(n)
Location of building or structure listed in or eligible for
the National Register of Historic Sites and estimated date of construction
of all existing buildings and structures.
(o)
A project narrative providing the following information:
[1]
Proposed use.
[2]
Hours of use.
[3]
Description of product produced, services provided or goods
sold and process or methods used in providing these services.
[4]
Number and job classifications of employees.
[5]
A plan for providing emergency services, including police, health
and fire.
[6]
A list of chemicals to be used or stored on the property in
any quantity in excess of 20 cubic feet in volume, except:
[a]
Chemicals such as heating oil or propane, which
may be required for the normal heating and cooling of a building,
or fire-suppression chemicals.
[b]
Printing supplies, photographic developing chemicals
and janitorial chemicals and lawn and agricultural fertilizers in
a quantity not to exceed 40 cubic feet.
[7]
The results of test borings which denote ground stability.
(p)
Certification that utilities to be provided are adequate for
the intended use.
(q)
The copy of all required permits and supporting documents required
by federal, state and local government agencies.
(r)
In the case of on-lot sewage disposal, the locations and elevations
of all passing and failing soil test trenches and percolation tests
and proposed primary and replacement drain field areas and all soil
test results.
(s)
Location, type and design of proposed soil erosion and sedimentation
control devices, with appropriate narrative, and approval from the
Soil and Water Conservation District of said plan.
(t)
A traffic impact study for all proposed land uses expecting
to generate 250 vehicles per day of traffic. Ingress is one count
and egress is one count.
D.
Standards for review. In reviewing site plans, the Planning Commission
and Township Board of Supervisors shall take into consideration the
purposes of this chapter, including the purposes of the applicable
zoning district and the safety and convenience of the general public.
Site plans may be modified and conditions put on approvals when deemed
necessary to meet the following objectives:
(1)
Safe, adequate and convenient vehicular and pedestrian traffic both
within and without the site. The Planning Commission and Township
Board of Supervisors shall take into consideration the following features:
(a)
Number, location and dimensions of vehicular and pedestrian
entrances, exits, drives, walkways and lighting.
(b)
Visibility, in both directions, at exit points.
(c)
Location, arrangement and screening of off-street parking spaces
and waste storage areas.
(d)
Location, arrangement, size and adequacy of landscaping provided
for screening of parking areas, buildings, utilities, outdoor storage
and buffering.
(2)
The protection of environmental quality, landscaping of open space
and harmony with existing development. The Planning Commission and
Township Board of Supervisors shall take into consideration the following
features:
(a)
Arrangement, location, size and architectural features of proposed
buildings and structures on the site in relation to development on
adjoining properties, open space, topography and existing vegetation.
(b)
The shielding of light, noise, odors, airborne particles or
other disturbances which could interfere with the use and enjoyment
of neighboring properties.
(c)
The collection and disposal of stormwater runoff from the site.
(d)
The adequacy of the water supply, fire protection system and
proposed sewage facilities.
(e)
The adequacy of protection of floodplain and wetland areas.
(f)
The adequacy of protection against hazards of developing or
using land in carbonate geology areas.
(g)
The adequacy of protection provided for woodlands, steep slopes,
rock outcrops, cliffs and quarries.
(3)
The protection and preservation and reuse of buildings or structures
built more than 50 years prior to the date of application. The Planning
Commission shall take into consideration the following features:
A.
Appointment. The Zoning Officer shall be appointed by the Board of
Supervisors and shall not hold any elective office in the municipality.
The Zoning Officer shall serve the municipality until such time as
the Board of Supervisors declares otherwise. The Board of Supervisors
may appoint an alternate or assistant Zoning Officer when and if the
Board deems it is necessary.
B.
Duties and powers.
(1)
The Zoning Officer shall:
(a)
Administer this chapter in accordance with its literal terms.
(b)
Identify and register nonconforming buildings, structures and
uses.
(c)
Receive and examine all applications required under the terms
of this chapter.
(d)
Issue or refuse permits within 30 days of the receipt of the
application.
(e)
Receive complaints of violation of this chapter.
(f)
Issue a written notice of violation to any person, firm, partnership
or corporation violating any provisions of this chapter.
(g)
Keep records of applications, permits and certificates issued,
of variances granted by the Board, of complaints received, of inspections
made, of reports rendered and of notice or orders issued.
(h)
Make all required inspections and perform all other duties as
called for in this chapter.
(2)
The Zoning Officer shall not have the power to permit any construction,
use or change of use which does not conform to this chapter.
A.
Applications.
(1)
Zoning Officer.
(a)
All applications for zoning permits for permitted uses, for
building and occupancy permits and for certificates of nonconforming
buildings, structures or uses shall be made directly to the Zoning
Officer.
(b)
Prior to the issuance of any zoning permit, the Zoning Officer
shall review the application for permit to determine if all other
necessary governmental permits such as those required by state and
federal laws have been obtained including those required by Act 537,
the Pennsylvania Sewage Facilities Act;[1] the Dam Safety and Encroachments Act, 32 P.S. § 693.1
et seq.; and the Federal Water Pollution Control Act Amendments of
1972, Section 404, 33 U.S.C. § 1334. No permit shall be
issued until this determination has been made.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(c)
The Zoning Officer may submit a copy of any plan and application
to any appropriate agencies and/or individuals (e.g., Planning Commission,
Township Engineer, etc.) for review and comment.
(d)
After the issuance of a zoning permit by the Zoning Officer,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Zoning
Officer.
(e)
Work on the proposed construction shall begin within 12 months
after the date of issuance of the zoning permit or the permit shall
expire unless a time extension is granted, in writing, by the Zoning
Officer. Construction shall be considered to have started with the
first placement of permanent construction on the site, such as the
pouring of slabs or footings or any work beyond the stage of excavation.
For a structure without a basement or poured footings, the start of
construction includes the first permanent framing or assembly of the
structure or any part thereof on its pilings or foundation or the
affixing of any prefabricated structure to its permanent site. Permanent
construction does not include land preparation, land clearing, grading
or filling or excavation for basement, footings, piers or foundations
or erection of temporary forms, the installation of piling under proposed
subsurface footings or the installation of sewer, gas and water pipes
or electrical or other service lines from the street.
(f)
During the construction period, the Zoning Officer or other
authorized official may inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable Township laws and ordinances.
In the event that the Zoning Officer discovers that the work does
not comply with the permit application or any applicable laws or ordinances
or that there has been a false statement or misrepresentation by any
applicant, the Zoning Officer shall revoke the zoning permit.
(2)
All applications for special exception uses and variances and for
interpretation of any part or provision of this chapter shall be made
to the Zoning Hearing Board on forms which may be obtained from the
Zoning Officer.
(3)
All applications for conditional uses shall be made to the Board
of Supervisors on forms which may be obtained from the Zoning Officer.
(4)
All applications for all permits shall be in writing and shall include
a plot plan drawn to scale showing the location and dimensions of
the lot area and of the proposed uses of buildings and/or land. The
Zoning Officer or the Zoning Hearing Board may require any additional
information which he or it deems necessary to properly evaluate the
application for the purpose of determining its conformity with this
chapter.
No person shall erect, alter or convert any structure or building
nor alter the use of any land or structure until the Zoning Officer
issues a zoning permit to the person for said change or construction.
No zoning permit is required for normal maintenance and repairs. Zoning
permits shall be issued in at least triplicate. One copy 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.
A.
Permitted uses. A zoning permit for a permitted use may be issued
by the Zoning Officer.
B.
Special exceptions. A zoning permit for a special exception may be
issued by the Zoning Officer only upon the order of the Board after
a hearing following a review by the Planning Commission.
C.
Conditional uses. A zoning permit for a conditional use may be issued
by the Zoning Officer only upon the order of the Board of Supervisors
following a review by the Planning Commission.
D.
Building and zoning permits/approvals.
[Added 5-2-2017 by Ord.
No. 2017-03]
(1)
A zoning permit shall be required prior to obtaining a building permit,
for the construction or erection of a building; the alteration of
a building or portion thereof; the use or change in use of a building
or land; or any adjustments to a nonconforming use.
(2)
A Township zoning permit application must be completed.
(3)
Permit fees shall be as stipulated in the fee schedule adopted by
resolution of the Moore Township Board of Supervisors in effect at
the time of application.
(4)
Permits may be denied if the applicant, in the reasonable opinion
of the Moore Township Board of Supervisors, has failed to comply with
any state or local law or regulation.
(5)
In the case of new construction, a land development plan application
is required to be submitted and an approval secured, prior to establishment
of the use.
(6)
If the application is to change the use of a building, or needs to
demonstrate allocation of space within a structure, the applicant
shall provide architectural drawings prepared by an architect registered
in the Commonwealth of Pennsylvania.
(7)
In all instances where an applicant seeks a building, zoning or occupancy permit for a use delineated in this chapter, said applicant shall submit a site plan in accordance with the terms of § 300-61 of this chapter.
(8)
A medical marijuana grower/processor must be legally registered in
the commonwealth and possess a current valid medical marijuana permit
from the DOH.
A.
Prior to the use, occupancy or reoccupancy of any land or building
or for any change of use of any existing building or for any change
of use of land, an occupancy permit shall be secured from the Zoning
Officer.
B.
All applications for occupancy permits shall be in writing on forms
to be furnished by the Zoning Officer.
C.
The Zoning Officer shall grant or refuse such an application within
15 days after being notified of the completion of authorized construction
or alteration or (where no construction or alteration is involved)
within 15 days after receipt of such application.
D.
A copy of the occupancy permit shall be kept upon the premises and
shall be displayed upon request made by any officer of the municipality.
[Added 5-4-2021 by Ord.
No. 2021-01]
A.
Application requirements. Short-term rental license applications
shall contain all of the following information:
(1)
The name, address, telephone number and email address of the owner.
If the owner does not have a managing agency, agent or local contact
person, then the owner shall provide a twenty-four-hour telephone
number.
(2)
The name, address, and twenty-four-hour telephone number of the managing
agency, agent or local contact person.
(3)
Floor plans for the short-term rental, including habitable floor
space and total number of bedrooms.
(4)
If the building is a multiunit structure, the number of dwelling
units and the number of dwelling units being used as short-term rentals.
(5)
A site plan showing the location and number of on-site parking spaces
shall be provided. If not on a central sewer system, the location,
approximate age and capacity of the sewage disposal system.
(6)
Copies of current Northampton County hotel room excise tax certificate
and current Pennsylvania sales tax license.
(7)
Signatures of both the owner and the local managing agent or local
contact person.
(8)
Copy of the current recorded deed for the property establishing ownership.
B.
A short-term rental license shall be issued only to the owner of
the short-term rental property.
(1)
A separate short-term rental license is required for each dwelling
unit; for two-family or multifamily dwellings, a separate license
shall be required for each dwelling unit being rented as a short-term
rental.
(2)
A short-term rental license is effective for a period of one year,
or until any of the conditions of the short-term rental which are
governed by this chapter are changed, whichever shall first occur.
A short-term rental license must be renewed annually, and also when
any of the conditions of the short-term rental which are governed
by this chapter are changed.
(3)
The owner, by making application for a short-term rental license and/or accepting issuance of a short-term rental license, grants permission for any and all inspections authorized by § 300-22B(9)(n) of this chapter.
(4)
The Township will prescribe forms and procedures for the processing
of license applications under this chapter.
C.
In the event that a short-term rental owner receives two violation
notices (relating to the specific criteria or regulations under this
chapter), the Zoning Officer may terminate and revoke an existing
license or deny a new license in accordance with the terms of this
chapter (unless the owner appeals the violation and is found not guilty).
The municipality may require additional permits specified in
other related ordinances and laws.
A.
Appointment. The Zoning Hearing Board shall continue to consist of
a minimum of three up to a maximum of five residents of the Township,
appointed by resolution by the Board of Supervisors. The terms of
office a three-member board shall serve shall be three years, so fixed
that the term of office for one member shall expire each year. The
terms of office of a five-member board shall be five years, so fixed
that the term of office for one member shall expire each year. If
a three-member board is changed to a five-member board, the members
of the existing three-member board shall continue in office until
their term of office would expire under prior law. The Board of Supervisors
shall appoint two additional members to the Board with terms scheduled
to expire in accordance with the provisions of this section. Members
of the Board shall hold no other office in the Township. The Board
shall promptly notify the Board of Supervisors of any vacancy that
may occur. Appointments to fill vacancies shall only be for the unexpired
portion of the term.
B.
Alternate members of the Board. The Board of Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of Subsection D(2), 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 in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any 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 pursuant to Subsection D(2).
C.
Removal. Any Board member may be removed for just cause by a majority
vote of the Board of Supervisors if the member has received 15 days'
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.
D.
Organization.
(1)
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 § 300-69.
(2)
If, by reason of absence or disqualification of a member, a quorum
is not reached, the Chairman of the Board shall designate as many
alternate members of the Board to sit on the Board as may be needed
to provide a quorum. Any alternate member of the Board 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. Designation of an
alternate pursuant to this section shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
(3)
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 report of
its activities to the Board of Supervisors as requested by the Board
of Supervisors.
(4)
The fees for all proceedings, hearings and actions by the Board shall
be paid by the applicant.
The Zoning Hearing Board shall serve the following functions:
A.
B.
Appeals from determinations by the Zoning Officer. 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.
C.
Appeals relating to floodplain ordinance administration decisions.
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.
D.
Variances.
(1)
Applications for variances from the terms of this chapter and flood
hazard ordinance or such provisions within a land use ordinance.
(2)
The 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 grant a variance, provided that all of the
following findings are made where relevant in a given case:
(a)
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.
(b)
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.
(c)
That such unnecessary hardship has not been created by the appellant.
(d)
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.
(e)
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.
E.
Special exception applications. Applications for special exceptions under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance. Where the Board of Supervisors, in this chapter, has stated special exceptions to be granted or denied by the Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. 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 the Pennsylvania Municipalities Planning Code and this chapter. See also § 300-23.
F.
Appeals from preliminary opinion decisions. Appeals from the Zoning Officer's determination under § 300-76.
G.
Appeals from certain sedimentation and erosion control and stormwater management decisions. 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 pursuant to Chapter 260, Subdivision and Land Development.
H.
Performance density provision decisions. Appeals from the determination
of any officer or agency charged with the administration of performance
density provisions of this chapter.
The Board shall conduct hearings and make decisions in accordance
with the following requirements:
A.
Notice of hearings.
(1)
Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer, such other persons as the Board
of Supervisors shall designate by ordinance and to any person who
has made timely request for the same. Written notices shall be given
at such time and in such manner as shall be prescribed by ordinance
or, in the absence of ordinance provision, by rules of the Board.
In addition to the written notice provided herein, written notice
of said hearing shall be conspicuously posted on the affected tract
of land at least one week prior to the hearing. The Zoning Hearing
Board shall also mail a copy of the hearing notice to all property
owners within 500 feet of the appellant's property boundary.
This copy shall be provided by first-class mail to the property owner's
last known address (based on Township tax records). Such copy shall
be mailed no less than seven days prior to the hearing.
(2)
Lack of this complete property owner mailing and/or lack of receipt
of this mailing by some or all property owners shall not constitute
a notice defect.
B.
Fees. The Board of Supervisors may prescribe reasonable fees with
respect to hearings before the Zoning Hearing Board. Fees for said
hearings may include compensation for the Secretary and members of
the Zoning Hearing Board, notice and advertising costs and necessary
administrative overhead connected with the hearing. The costs, however,
shall not include legal expenses of the Zoning Hearing Board, expenses
for engineering, architectural or other technical consultants or expert
witness costs.
C.
Hearing scheduling. The hearing shall be held within 60 days from
the date of the applicant's request, unless the applicant has
agreed, in writing, to an extension of time.
D.
Decisions. 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.
E.
Parties. 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.
F.
Oaths and subpoenas. 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.
G.
Representation by counsel. 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.
H.
Evidence. Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
I.
Record. 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.
J.
Ex parte communications. 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.
K.
Decisions/findings. 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 the Pennsylvania Municipalities
Planning Code[1] 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. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Board shall make his 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. Where the Board 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. 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 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 L 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
L.
Notice of decision. A copy of the final decision or, where no decision
is called for, the findings shall be delivered to the applicant personally
or mailed to him 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.
M.
Referral to Planning Commission. The Board shall refer to the Planning
Commission:
(1)
All applications for special exceptions; and
(2)
Any other application or appeal which in the opinion of the Board
requires review by the Commission. In its review of a special exception,
the Commission shall determine compliance with the standards and criteria
set forth in this chapter. In all cases, the Commission shall report
in writing its findings and recommendations to the Board within 30
days of its receiving the request for review. The Board and Commission
shall establish mutually acceptable procedures to assure that the
review is accomplished in time to permit the Board to make its required
decision.
N.
Parties appellant before Board. Appeals under § 300-69A, B, C, D, G, H and I 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 variances under § 300-69E may be filed with the Board by any landowner or any tenant with the permission of such landowner.
O.
Time limitations; persons aggrieved. 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 an appropriate Township officer, agency or body 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 his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision from an adverse decision by a Zoning Officer on a challenge to the validity of an ordinance or map pursuant to § 300-69 shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval. All appeals from determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of the determination is issued.
P.
Stay of proceedings.
(1)
Upon filing of any proceeding referred to in § 300-69 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.
(2)
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.
(3)
The question of 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.
(4)
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 the court having jurisdiction
of zoning appeals, shall be liable for all reasonable costs, expenses
and attorney fees incurred by the petitioner.
Q.
Required information. All appeals from a decision of the Zoning Officer
and applications to the Board shall be in writing on forms prescribed
by the Board. Every appeal or application shall include the following:
(1)
The name and address of the applicant or appellant.
(2)
The name and address of the owner of the property to be affected
by such proposed change or appeal.
(3)
A brief description and location of the property to be affected by
such proposed change or appeal.
(4)
A statement of the present zoning classification of the property
in question, the improvements thereon and the present use thereof.
(5)
A statement of the section of this chapter under which the appeal
is made 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 the reasons for this appeal.
(6)
A reasonably accurate description of the additions or changes intended
to be made under this application, indicating the size, material and
general construction of such proposed improvements. A plot plan of
the property to be affected, indicating the location and size of the
lot and the size of existing and intended improvements, shall be attached
to the description.
R.
Expiration of appeal or request. Unless otherwise specified by the
Board, a decision on any appeal or request for a variance shall expire
if the applicant fails to obtain any necessary zoning permit or comply
with the conditions of said authorized permit within one year from
the date of authorization thereof.
S.
Return from court of common pleas. In the case of an appeal from
the Board to the Court of Common Pleas, the Board shall make the return
required by law and shall promptly notify the Township Solicitor of
such appeal and furnish him with a copy of the return, including the
transcript of testimony. Any decision of the Board not appealed within
30 days after notice thereof shall be final.
T.
Expenditures for services. Within the limits of funds appropriated by the Board of Supervisors, 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 Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors. Alternate members of the Board may receive compensation, as may be fixed by the Board of Supervisors, for the performance of their duties when designated as alternate members pursuant to § 300-68B, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.
U.
Employees. The Zoning Hearing Board may employ or contract for and
fix the compensation of legal counsel as the need arises. The legal
counsel shall be an attorney other than the Township Solicitor. The
Board may also employ or contract for and fix the compensation of
experts and other staff and may contract for services as it shall
deem necessary. The compensation of legal counsel, experts and staff
and the sums expended for services shall not exceed the amount appropriated
by the Board of Supervisors for this use.
A.
Power to amend. The Township may, on its own motion or by petition,
amend, supplement, change, modify or repeal this chapter.
B.
Public hearing. Before voting on the enactment of an amendment, the
Board of Supervisors shall hold a public hearing thereon, pursuant
to public notice. 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 perimeter of 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.
C.
Referral to Planning Commission. In the case of an amendment other
than that prepared by the planning agency, the Board of Supervisors
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.
Changes to amendment. 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 Supervisors shall
hold another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
E.
Referrals to County Planning Commission. At least 30 days prior to
the public hearing on the amendment by the Board of Supervisors, the
Township shall submit the proposed amendment to the County Planning
Commission for recommendations.
F.
Transmission of ordinance to County Planning Commission. Within 30
days after enactment, a certified copy of the amendment to this chapter
shall be forwarded to the County Planning Commission.
A.
Procedure. A landowner who desires 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 written request that his challenge and
proposed amendment be heard and decided as provided in Section 916.1
of the Pennsylvania Municipalities Planning Code.[1] The Board of Supervisors shall commence a hearing thereon
within 60 days of the request as provided in Section 916.1 of the
Pennsylvania Municipalities Planning Code. The curative amendment
and challenge shall be referred to the Planning Commission as provided
in Section 609 of the Municipalities Planning Code,[2] and notice of the hearing thereon shall be given as provided
in Section 610 and in Section 916.1 of the Pennsylvania Municipalities
Planning Code.[3]
B.
Hearing. The hearing shall be conducted in accordance with Section
908 of the Pennsylvania Municipalities Planning Code,[4] and all references therein to the Zoning Hearing Board
shall, for purposes of this section, be references to the Board of
Supervisors. 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.
[4]
Editor's Note: See 53 P.S. § 10908.
C.
Factors for consideration of curative amendment. If the Board of
Supervisors finds that a validity challenge had merit, it may accept
a landowner's curative amendment, with or without revisions,
or may adopt an alternative amendment which will cure the challenged
defects. The Board of Supervisors 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
provision of the ordinance or map;
(3)
The suitability of the site for the intensity of use proposed by
the site's soils, slopes, woodlands, 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;
and
(5)
The impact of the proposal on the preservation of agriculture and
other land uses which are essential to public health and welfare.
D.
Required submission materials.
(1)
The application to the Board of Supervisors shall contain, in addition
to the requirements of the written request hereof, the plans and explanatory
materials describing the use or development proposed by the landowner
in lieu of the use or development permitted by the challenged ordinance
or map. Such plans or other materials shall not be required to meet
the standards prescribed for preliminary, tentative or final approval
or for the issuance of a permit, so long as they provide a reasonable
notice of the proposed use or development and a sufficient basis for
evaluating the challenged ordinance or map in light thereof.
(2)
The request shall be accompanied by an amendment or amendments to
the ordinance proposed by the landowner to cure the alleged defects
therein.
E.
Township legal counsel. The Township Solicitor shall represent and
advise the Board of Supervisors at the public hearings. The Board
of Supervisors may retain an independent attorney to present the defense
of the challenged ordinance or map on its behalf and to present its
witnesses on its behalf.
F.
Decisions. The Board of Supervisors shall render its decision within
45 days after conclusion of the last hearing. If the Board of Supervisors
fails to act on the landowner's request within the time limits
referred to in this subsection, a denial of the request is deemed
to have occurred on the 46th day after the close of the last hearing.
G.
Post-decision time limitations. Where a curative amendment proposal
is approved by the grant of a curative amendment application by the
Board of Supervisors or the court acts finally on appeal from denial
of a curative amendment proposal or a validity challenge, and the
proposal or challenge so approved requires a further application for
the subdivision of land development, the developer shall have two
years from the date of such approval to file an application for preliminary
or tentative approval. Within the two-year period, no subsequent change
or amendment in the zoning, subdivision or other governing ordinance
or plan shall be applied in any manner which adversely affects the
rights of the applicant as granted in the curative amendment or the
sustained validity challenge. Upon the filing of the preliminary or
tentative plan, the provisions of Section 508(4) of the Pennsylvania
Municipalities Planning Code[5] shall apply. Where the proposal appended to the curative
amendment application or the validity challenge is approved but does
not require further application under any subdivision or land development
ordinance, the developer shall have one year within which to file
for a building permit. Within the one-year period, no subsequent change
or amendment in the zoning, subdivision or other governing ordinance
or plan shall be applied in any manner which adversely affects the
rights of the applicant as granted in the curative amendment or the
sustained validity challenge. During these protected periods, the
court shall retain or assume jurisdiction for the purpose of awarding
such supplemental relief as may be necessary.
[5]
Editor's Note: See 53 P.S. § 10508(4).
H.
Procedures for municipal curative amendments. If Moore Township determines
that this chapter or any portion thereof is substantially invalid,
it shall institute the procedures for a municipal curative amendment
as set forth in Section 609.2 of the Pennsylvania Municipalities Planning
Code.[6]
[6]
Editor's Note: See 53 P.S. § 10609.2.
Whenever the Board of Supervisors changes the zoning classification
of any parcel of ground within the municipality, one year is permitted
within which to obtain a zoning permit and to commence actual construction.
Should the construction fail to commence within the stipulated period,
the Board of Supervisors shall have the right to change the zoning
classification of the parcel back to the classification which existed
before the rezoning was executed. This provision shall apply to curative
amendments as well as to other types of zoning changes.
[Amended 7-1-2014 by Ord.
No. 2014-06]
A.
The Board of Supervisors has established by resolution a schedule
of fees and a collection procedure relating to all applications filed
pertaining to this chapter. No application shall be considered filed
until all fees are paid.
B.
This fee schedule may be based upon the type of application and the
breadth of the proposed development, including acreage, numbers of
lots and type of use, etc., to most accurately reflect the Township's
actual costs. Applicant shall be responsible for remuneration of all
actual costs to the Township, including fees associated with review
by the Township Engineer, Township Solicitor, and other third-party
review agents/agencies required by the nature of a specific application.
[Amended 7-1-2014 by Ord.
No. 2014-06; at time of adoption of Code (see Ch.
1, General Provisions, Art. III)]
In order not to unreasonably delay the time when a landowner
may secure assurance that the ordinance or map under which he proposes
to build is free from challenge, and recognizing that the procedure
for preliminary approval of his development may be too cumbersome
or may be unavailable, the landowner may advance the date from which
time for any challenge to the ordinance or map will run under Section
914.1 of the Pennsylvania Municipalities Planning Code[1] by the following procedure: The landowner may submit plans
and other materials describing his proposed use or development to
the Zoning Officer for a preliminary opinion as to their compliance
with the applicable ordinances and maps. Such plans and other materials
shall not be required to meet the standards prescribed for preliminary,
tentative or final approval or for the issuance of a building permit
so long as they provide reasonable notice of the proposed use or development
and a sufficient basis for a preliminary opinion as to its compliance.
If the Zoning Officer's preliminary opinion is that the use or
development complies with the ordinance or map, notice thereof shall
be published once each week for two successive weeks in a newspaper
of general circulation in the Township. Such notice shall include
a general description of the proposed use or development and its location,
by some readily identifiable directive, and the place and times where
the plans and other materials may be examined by the public. The favorable
preliminary approval under Section 914.1 of the Pennsylvania Municipalities
Planning Code and the time therein specified for commencing a proceeding
with the Board shall run from the time when the second notice thereof
has been published.
[1]
Editor's Note: See 53 P.S. § 10914.1.
[Added 5-2-2017 by Ord.
No. 2017-03; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. III)]
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.
