A.
The Zoning Officer. The provisions of this chapter shall be enforced
by an agent to be appointed by the Board of Supervisors, who shall
be known as the "Zoning Officer."
B.
Deputy. The Board of Supervisors may designate an employee or employees
of the Township as Deputy Zoning Officer, who may exercise all the
powers of the Zoning Officer.
C.
Compensation. The compensation for the Zoning Officer and Deputy
Zoning Officers shall be determined by the Board of Supervisors.
D.
Duties and responsibilities. The Zoning Officer shall have all the
duties and powers conferred by this chapter in addition to those reasonably
implied for that purpose.
E.
Permits required. A zoning permit shall be required prior to any
contemplated erection, construction, structural alteration, extension,
replacement and/or any use change of any building, structure, sign,
and/or land subject to any requirement of this chapter, including
any preliminary clearance or alteration of land in connection thereto.
No such permit shall be issued unless the proposed work or activity
first conforms to the requirements of this chapter, all other ordinances
of the Township, the applicable laws of the Commonwealth of Pennsylvania,
and applicable parts of the Code of Federal Regulations. A zoning
permit shall not be issued until all other required permits and approvals
have been obtained and proof provided to the Zoning Officer.
[Amended 4-12-2022 by Ord. No. 2022-O-06]
F.
The Zoning Officer and designated Deputy Zoning Officer(s) shall
have the power to:
(1)
Receive applications, process the same and issue zoning permits
for the erection, construction, alteration, repair, extension, demolition,
replacement and/or use of any building, structure, sign and/or use
of any building, structure, sign and/or land in the Township, and/or
a development as defined in this chapter.
(2)
The Zoning Officer and Deputy Zoning Officer(s) may examine
all buildings, structures, signs, and/or land or portions thereof
for which an application has been filed for the erection, construction,
alteration, repair, extension, replacement and/or use before issuing
any zoning permit. Thereafter, they may make such inspections during
the completion of work for which a zoning permit has been issued.
Acceptance of a zoning permit by an owner shall constitute unrestricted
consent for entry by such inspectors at such reasonable times. Upon
completion of the building, structure, sign and/or change, a final
inspection by building code enforcement shall be noted and the holder
of the zoning permit shall be notified of any discrepancies.
(3)
Keep a record of all applications, with accompanying plans and
documents received, all zoning permits, and certificates issued, reports
of inspection involving ordinance compliance and noncompliance, notices
and orders issued, and the complete recording of all pertinent factors
involved. They shall file and safely keep copies of all plans permitted,
and the same shall form a part of the records of their office and
shall be available for the use of the Board of Supervisors and other
officials of the Township.
(4)
Maintain a map showing the current zoning classifications of
all land.
(5)
Make the Warrington Township Zoning Ordinance, as amended, along
with the Zoning Map, as amended, and the Warrington Township Comprehensive
Plan Update, as amended, available to the public at the Township offices
and on the Township website.
G.
All permit applications shall be made on the Warrington Township
Consolidated Application for Zoning and Building Permit. When a zoning
permit is required by this section, then no work shall take place
or building permit be issued except upon the approval of the Zoning
Officer.
[Added 4-12-2022 by Ord.
No. 2022-O-06]
Fees for permits shall be paid in accordance with the Township
Fee Schedule to be adopted from time to time by resolution of the
Board of Supervisors, and all such fees shall be paid to the Township
Treasury. Each applicant for an appeal, special exception, or variance
shall, at the time of making application, pay a fee, in accordance
with the aforementioned Fee Schedule, for the cost of advertising
and mailing notices as required by this chapter and the rules of the
Zoning Hearing Board. The resolution establishing the Fee Schedule
may provide that deposit shall be required upon the issuance of a
zoning permit authorizing the erection, construction, or alteration
of any building or portions thereof, which deposit shall be refunded
to the holder of such permit upon certification by the Zoning Officer
that the work has been inspected and approved as being in conformity
with the zoning permit and the provisions of this chapter and other
applicable ordinances.
A.
Requirements. It shall be unlawful to commence land clearance, land or property improvements, such as land grading, the installation of fencing, patios, decks, swimming pools, generators, sheds, driveway extensions, or stormwater management practices, the excavation for or the construction or erection of any building, including an accessory building, or to commence the moving or alteration of any building, including an accessory building, until the Zoning Officer has issued a zoning permit for such work. A zoning permit shall not be required for repairs to or maintenance of any building, structure, or grounds, provided that such repairs or maintenance do not change the use, change or add to the building structurally or otherwise violate the provisions of this chapter. It shall also be unlawful to commence any development as defined in the Floodplain Management Ordinance (Chapter 181) on any property in Warrington Township, regardless of location in relationship to special hazard floodplain areas identified on Flood Insurance Rate Maps issued by the Federal Emergency Management Agency and updated from time to time, without first obtaining a permit from the Zoning Officer and/or floodplain administrator.
B.
Form of application. The application for a permit shall be submitted
in such form as shall be prescribed by the Board of Supervisors and
shall be accompanied by the required fee as hereinafter prescribed.
Where the proposed activity also requires a building permit, the application
shall be made on the joint zoning/building permit application form
provided by the Township. Application for a permit shall be made by
the owner or lessee of any building or structure, or the agent of
either; provided, however, that if the application is made by a person
other than the owner or lessee, it shall be accompanied by a written
authorization of the owner or the qualified person making an application,
that the proposed work is authorized by this owner. The full names
and addresses of the owner, lessee, applicant, and of the responsible
officer, if the owner or lessee is a corporate body, shall be stated
in the application.
C.
Required documentation.
(1)
Description of work. The application shall contain a general
description of the proposed work, use and occupancy of all parts of
the site, building, structure or sign and such additional information
as may be required by the Zoning Officer. The application for the
permit shall be accompanied by a plot plan of the proposed building,
structure or sign drawn accurately to scale with sufficient clarity
to show the nature and character of the work to be performed, including
off-street parking and loading space if required, the location of
new and existing construction, and the distances of same from the
existing lot lines.
(2)
Site plan. The construction documents submitted with the application
shall be accompanied by a site plan, drawn accurately to scale, showing
the size and location of new construction and improvements as well
as existing structures on the site, distances from lot lines, the
established street grades, and the proposed finished grades. The Zoning
Officer, at their sole discretion, may require the site plan to be
signed and sealed by a professional engineer or professional land
surveyor licensed in the Commonwealth of Pennsylvania. The plan shall
be drawn in accordance with an accurate boundary line survey.
(a)
In the case of applications for a new residential or nonresidential
building, structure or additions to nonresidential buildings and structures,
the site plan shall be prepared in three stages (plot plan, confirmation
plan, and as-built plan) by a professional engineer or land surveyor,
registered to practice in the Commonwealth of Pennsylvania. All plans
shall be drawn to an accurate scale of not less than 50 feet to the
inch with all elevations established by the builder or owner's engineer
or land surveyor on the subdivision or land development plan. All
elevations and contour lines shall be referenced to the 1988 National
Geodetic Vertical Datum (NGVD 88).
(b)
In addition to the general requirements listed in the Subdivision
and Land Development Ordinance,[1] plans shall show the following:
[1]
Plot plan.
[a]
Location of property showing the nearest intersecting
street and distance, in feet and decimal parts thereof, of the property
therefrom, together with a North arrow.
[b]
Dimensions, bearings, and lot numbers as a plan
of record.
[c]
The location of existing and proposed boundary
monuments and pins.
[d]
Lot area in square feet or acres.
[e]
Building area in square feet.
[f]
Size and location of existing and proposed improvements.
[g]
All existing and proposed easements, restrictions,
utility structures, land features, and surrounding properties.
[h]
Topographical information, at contour intervals
of no less than two feet, referenced to NGVD 88.
[i]
Current zoning information, including name of district,
minimum lot size, minimum setbacks, and maximum impervious surfaces.
[j]
Zoning restriction lines, including front, side,
rear, and buffer yard setbacks.
[k]
The proposed method for discharge of rainwater
and surface waters from the premises, including proposed grading.
[l]
In the case of a plot plan being prepared for a
Zoning Hearing Board hearing, the plan shall show square foot area
of each floor.
[m]
In the case of a plot plan being prepared for a
Zoning Hearing Board hearing showing a building encroaching in a restricted
area, the plan shall show the distance between front, side, or rear
property lines and the encroaching building in feet and decimal parts
thereof.
[n]
Proposed basement, garage and first floor elevation
shall be indicated.
[o]
The plan shall be drawn to scale, dated, bear the
job number, and be signed and sealed by the responsible registered
professional. The plan shall bear the name of the person for whom
the plan has been prepared, the address, tax parcel number, subdivision
lot number, and name of the development.
[p]
For all buildings and structures with a footprint
greater than 192 square feet, the applicant shall conduct soil exploration
and submit the results simultaneously with the building permit application.
Explorations shall consist of test pits and borings to a depth of
at least three feet below the proposed bottom of building foundation
(or deeper if required by a geotechnical engineer). Test pits/borings
shall be performed within the general outline of the structure footprint.
For structures with a building footprint less than 1,000 square feet,
one testing location shall be required. For structures with a building
footprint greater than 1,000 square feet, one test plus one additional
test location for every 2,000 square feet, or portion thereof, in
excess of 1,000 square feet shall be required. Parameters to be collected
include UCS soil classification, USDA classification, estimated bearing
capacity, and elevation of the top of the seasonal high-water table
(SHWT). When stormwater infiltration is proposed, the applicant shall
provide results of two double ring infiltrometer tests in the approximate
location of the infiltration best management practice (BMP) at the
approximate elevation of the bottom of the BMP. The elevation of the
top of slab for the basement or lowest floor shall not be less than
two feet above the SHWT nor less than one foot above the 100-year
water surface elevation in any stormwater BMP tributary to the building,
whichever results in the higher slab elevation.
[2]
Foundation location as-built plan. After the building
permit is issued, there shall also be filed a confirmation plan to
be used to confirm the submitted plot plan or amend the plan as to
the foundation, location, or various elevations to the actual basement,
garage, and first floor elevations immediately following the building
foundation construction. The plans shall include locations, elevations,
reference points or benchmarks, and dates signed and sealed by the
responsible registered professional.
[3]
As-built survey. Prior to the issuance of a certificate
of occupancy, an as-built survey, with all details required for plot
plan and containing the approval of the Township Engineer shall be
filed with the Zoning Officer.
(c)
In the case of demolition, the site plan shall show construction
to be demolished and the location and size of existing structures
and construction that are to remain on the site or plot plan.
(d)
In the case of residential additions, accessory buildings, structures
and alterations, the Zoning Officer is authorized to waive or modify
the requirement for a site plan. Such waiver or modification shall
be at the sole discretion of the Zoning Officer and shall not be a
vested right for the applicant.
D.
Time limit for applications. An application for a zoning permit for
any proposed work shall be deemed to have been abandoned 12 months
after the date of filing, unless such application has been diligently
prosecuted, or a building permit shall have been issued; except that
reasonable extensions of time for additional periods not exceeding
180 days each may be granted at the discretion of the Zoning Officer.
E.
Issuance of a zoning permit. Upon receiving the application, the
Zoning Officer shall examine the same within a reasonable time after
filing. If the application or plans do not conform to the provisions
of all pertinent local laws and this chapter, the Zoning Officer shall
reject such application in writing, stating the reasons therefor.
The Zoning Officer shall inform the applicant of their right of appeal
to the Zoning Hearing Board in the event such application is rejected.
If satisfied that the proposed work and/or use conforms to the provisions
of this chapter and all laws and ordinances applicable thereto, and
that the certificate of use and occupancy as required herein has been
applied for, they shall issue a zoning permit therefor as soon as
practical. Such notification may be done electronically via e-mail
or by mailing the notification through the United States Postal Service
as determined by the Zoning Officer.
F.
Expiration of zoning permit. The permit shall expire after one year
from the date of issuance; provided, however, that the same may be
extended by the Zoning Officer every six months for a period not to
exceed an additional one year.
G.
Revocation of zoning permit. The Zoning Officer may revoke a zoning
permit or approval issued under the provisions of this chapter in
case of any false statement or misrepresentation of fact in the application
or on the plan on which the zoning permit or approval was based or
for any other cause set forth in this chapter. Revocation of a zoning
permit or approval by the Zoning Officer shall constitute a revocation
of any other permit issued by the Township for that same work or activity.
H.
Posting of zoning permit. A true copy of the permit shall be posted
and kept on the site of operations open to public inspection during
the entire time of prosecution of the work or use and until the completion
of the same as defined on the application.
I.
Payment of fees. No permit to begin work for the erection, construction,
alteration, repair, extension, replacement and/or use of any building,
structure, sign and/or land for construction or use purposes shall
be issued until the fees prescribed by the Board of Supervisors pursuant
to resolution shall be paid to the Township. The payment of fees under
this section shall not relieve the applicant or holder of said permit
from payment of other fees that may be required by this chapter, or
any other ordinance or law.
J.
Compliance with ordinance. The permit shall be a license to proceed
with the work and should not be construed as authority to violate,
cancel, or set aside any of the provisions of this chapter, except
as stipulated by the Zoning Hearing Board.
K.
Compliance with permit and plot plan. All work or uses shall conform
to the approved application and plans for which the permit has been
issued as well as the approved plot plan.
A.
Requirement for demolition permit. No building or other structure
may be demolished without first securing a demolition permit from
the Township. It shall be unlawful for any person to commence the
demolition of any building, structure, or portion thereof until a
permit has been duly issued therefor.
B.
Application for demolition permit. An application for a demolition
permit shall be made to the Township in writing on a form furnished
by the Township, and any demolition permit fee adopted by resolution
of the Board of Supervisors, which fee, as may be amended from time
to time by resolution of the Board of Supervisors, shall be paid to
the Township.
C.
Issuance of demolition permit.
(1)
The Zoning Officer may hold any application for a permit to
demolish a building for a period not to exceed 30 days from the date
of the application. During the thirty-day period, the applicant shall
permit the Township and/or its duly authorized Historical Commission
and/or such consultants as are experts in the fields of architectural
restoration, structural engineering, and like fields as the Township
or the Historical Commission sees fit, to enter upon and inspect the
structure to be demolished to assess its historical significance.
If the application is for a property which is found to be on the National
Register of Historical Places or is found to be eligible for registration
on the National Register of Historical Places or is listed on the
official Township list of historic structures, buildings, places,
and lots, the application shall be held for an additional 90 days
to permit time to investigate how the property may be preserved.
(2)
If historically significant features are discovered, e.g., stairways,
decorative trim paneling, beams, etc., during the period the application
is held, the applicant shall cooperate in permitting these features
to be removed for preservation before the building is demolished.
[Amended 4-12-2022 by Ord. No. 2022-O-06]
A.
No building, structure, use or any other improvement subject to this
Zoning chapter shall be used or occupied unless and until a certificate
of use has been issued by the Zoning Officer, notwithstanding any
certificate of occupancy issued pursuant to the Uniform Construction
Code. Where site improvements of any kind are a part of the work,
then the certificate of use shall only be issued upon the recommendation
of the Township Engineer. A certificate shall be permission to use
and shall not be considered as setting aside any provision of this
chapter.
B.
A temporary certificate of use may be issued for good cause shown.
It shall be for a specified period of time and shall enumerate the
work still to be completed and the date by which each item shall be
completed. Failure to adhere to the established schedule shall be
grounds for revocation of the certificate of use and/or other enforcement
action as provided for by this chapter or law.
A.
The construction, erection, demolition, replacement, alteration,
repair, extension and/or use of any structure, building, sign and/or
land or the change of any use, area of use, percentage of use or extension
or displacement of use of any structure, building, sign and/or land
without first obtaining a zoning permit, or the failure to comply
with or be in conformance with any other provisions of this chapter,
are hereby declared to be violations of this chapter.
B.
Enforcement notice. The Zoning Officer shall send a written enforcement
notice (via certified mail) to the owner of record of the lot on which
the violation has occurred, to any person who has filed a written
request to receive enforcement notices regarding that lot, and to
any other person requested in writing by the owner of record.
(1)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against
whom the Township intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(d)
The date before which steps for compliance must be commenced
and the date before which the steps must be completed.
[1]
The recipient of the notice may request an extension
of time for commencement and/or completion.
[2]
All such requests shall be in writing and shall
state the reasons that justify or necessitate the extension and shall
include the new dates requests for commencement and/or completion.
In cases of dispute not regarding the submission of such a request,
the burden of proof shall rest with the recipient of the notice.
[3]
The granting and length of any such extension shall
be in the sole discretion of the Zoning Officer.
[4]
The filing of such a request for extension shall
constitute an admission of the facts and existence of the violation
as stated in the notice.
[5]
The filing of such a request shall not toll the
time for commencement/compliance unless and until approval by the
Zoning Officer.
[6]
The filing of such a request shall not toll the
running of the time to appeal to the Zoning Hearing Board specified
herein.
(e)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within a prescribed period of time in accordance
with procedures set forth in this chapter.
(f)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
(3)
In case any building, structure, landscaping or land is, or
is proposed to be, erected, constructed, demolished, 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 any aggrieved owner or tenant of real
property who shows that their property or person will be substantially
affected by the alleged violation, in addition to other remedies,
may institute any appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure, landscaping or land, or
to prevent, in or about such premises, any act, conduct, business
or use constituting a violation. When any such action is instituted
by a landowner or tenant, notice of that action shall be served upon
the Township at least 30 days prior to the time the action is begun
by serving a copy of the complaint on the Board of Supervisors of
the Township. No such action may be maintained until such notice has
been given.
(4)
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 Warrington Township, pay a judgment of not more than
$500 plus all court costs, including reasonable attorney fees incurred
by Warrington Township as a result thereof. 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 ordinance to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the District Justice and thereafter each day that a violation continues
shall constitute a separate violation. No judgment shall commence
or be imposed, levied or payable until the date of the determination
of a violation by the District Justice. If the defendant neither pays
nor timely appeals the judgment, Warrington Township may enforce the
judgment pursuant to the applicable rules of civil procedure. All
judgments, costs and reasonable attorneys' fees collected for the
violation of zoning ordinances shall be paid to Warrington Township.
A.
Creation and membership. The Zoning Hearing Board created under previous
ordinances shall continue, said members having been appointed by the
Board of Supervisors. The Board shall consist of five members, each
of which shall serve a term of five years, and up to three alternates,
per PaMPC, Act of 1968, P.L. 805, No. 247, as amended. Terms shall
be staggered so that one member's term shall expire on December 31
of each year. The members of the Board shall be removable for cause
by the Board of Supervisors in accordance with the provisions in Act
247. Vacancies shall be filled by appointment of the Board of Supervisors
for the unexpired term of any member whose term becomes vacant. The
Board of Supervisors may also reappoint members of the Board whose
terms have expired.
B.
General procedures. The Zoning Hearing Board shall be governed by
the provisions of the PaMPC, Act of 1968, P.L. 805, No. 247, as amended
and such other Commonwealth of Pennsylvania laws as may be applicable.
As used in this article, unless the context clearly indicates otherwise,
the term "Board" shall refer to such Zoning Hearing Board, and "Act
247" shall refer to the PaMPC, as amended, as cited above.
C.
Officers. The Board shall elect from its own membership its officers,
who shall serve annual terms as such and may succeed themselves.
D.
Meetings. Meetings shall be open to the public and held at the call
of the Board Chairman and at such other times as the Board may determine.
E.
Hearings. Hearings will be held, and records will be kept in accordance
with the PaMPC, Act of 1968, P.L. 805, No. 247, as amended.
F.
Powers. The Zoning Hearing Board shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by an administrative
official in the enforcement of this chapter or of any ordinance adopted
pursuant hereto.
(2)
Special exceptions. To hear and decide special exceptions authorized
by this chapter. In granting a special exception, the Zoning Hearing
Board may attach such reasonable conditions and safeguards in addition
to those expressed in the chapter, as it may deem necessary to implement
the purposes of this chapter. In any case where a special exception
is granted, construction must commence within six months, unless an
extension is granted by the Zoning Hearing Board or governing body,
or if applicable, a land development or subdivision is in the process
of construction. Otherwise, the special exception shall be deemed
to have expired. The procedures shall be the same as those specified
under this section. The following criteria and requirements also apply:
(a)
Application shall be made in writing indicating the section
of this chapter under which an exception is sought. A reasonably exact
dimensional sketch shall be furnished showing placement and use of
the proposed buildings, details of parking, loading, lighting, sidewalks,
and other pedestrian areas.
(3)
Variances. To authorize, upon appeal, in specific cases such
variance from the terms of this chapter as will not be contrary to
public interest, where owing to special conditions a literal enforcement
of the provisions of this chapter will result in unnecessary hardship,
in order that the spirit of the chapter shall be observed, and substantial
justice done.
(a)
The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of the zoning chapter inflict unnecessary
hardship upon the applicant. The Board may by rule prescribe the form
of application and may require preliminary application to the Zoning
Officer. The Board may grant a variance, provided that all of the
following findings are made where relevant in a given case:
[1]
That there are unique physical circumstances or
conditions, including irregularity, narrowness, or shallowness of
lot size or shape, or exceptional topographical or other physical
conditions peculiar to the particular property and that the unnecessary
hardship is due to such conditions and not the circumstances or conditions
generally created by the provisions of the zoning 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 the zoning chapter and
that the authorization of a variance is therefore necessary to enable
the reasonable use of the property.
[3]
That such unnecessary hardship has not been created
by the appellant.
[4]
That the variance, if authorized, will not alter
the essential character of the neighborhood or district in which the
property is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare.
[5]
That the variance, if authorized, will represent
the minimum variance that will afford relief and will represent the
least modification possible of the regulation in issue.
(c)
In exercising the above-mentioned powers, the Zoning Hearing
Board may, in conformity with the provisions of this article, reverse
or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from, and may make such order,
requirement, decision or determination as believed proper. Notice
of such decision shall forthwith be given to all parties in interest.
(d)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this chapter and the PaMPC, Act of 1968, P.L. 805, No.
247, as amended.
G.
All applications for variances and special exception for which a
subdivision or land development approval will be required and a building
permit issued should be submitted to the Warrington Township Planning
Commission for review. The Planning Commission will issue advice as
it sees appropriate to the Board of Supervisors as the case may be.
H.
Notice of public hearing. Upon receiving an appeal, the Board shall
fix a reasonable time and place for a public hearing thereon and shall
give the notice thereof:
(1)
By advertising notice once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. 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.
(2)
By mailing due notices at least six days prior to the date of
the hearing to the public in interest. Such parties shall be at least
those persons adjoining or across public roads from the property in
question.
(3)
By posting said hearing notice conspicuously on the affected
tract of land not more than 30 calendar days and not less than seven
calendar days of the date of the first hearing.
I.
Public hearing. The Zoning Hearing Board shall conduct a public hearing
on such appeal at which hearing any party may appear in person, or
by agent or attorney, and all of said parties so affected shall be
given an opportunity to be heard. 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.
J.
Decision of the Zoning Hearing Board. The Board shall decide the
issue involved within 45 days after the hearing or, if said hearing
is continued, within 45 days after said continued hearing. If the
Zoning Hearing Board does not make a decision within 45 days after
the hearing or continued hearing, it shall be deemed that such Board
has decided in favor of the applicant.
K.
Effect of Zoning Hearing Board's decision.
(1)
If the variance is granted or the issuance of a permit is approved,
or other action by the appellant is authorized, the necessary permit
shall be secured and the authorized action begun within six months
after the date when the variance is finally granted or the issuance
of the permit is finally approved, or the other action by the appellant
is authorized; the building or alteration, as the case may be, shall
be completed within 12 months of said date. For good cause the Board
may, upon application in writing stating the reasons therefor, extend
it for an additional six months.
(2)
Should the appellant or applicant fail to obtain the necessary
permits within said six-month-period, or having obtained the permit
should they fail to commence work thereunder within such six-month-period,
it shall be conclusively presumed that the appellant or applicant
has waived, withdrawn, or abandoned their appeal or their application,
and all provisions, variances and permits granted to them shall be
deemed automatically rescinded by the Board.
(3)
Should the appellant or applicant commence construction or alteration
within said six-month-period, but should they fail to complete such
construction or alteration within said twelve-month-period, the Board
may rescind or revoke the granted variance, or the issuance of the
permit, or permits, or other action authorized to the appellant or
applicant. If the Board finds that a good cause appears for the failure
to complete within such twelve-month-period, and if the Board further
finds that conditions have so altered or changed in the interval since
the granting of the variance, permit or action, that revocation or
rescission of the action is justified.
The Board of Supervisors may, from time to time, after public
notice and hearing as hereinafter prescribed, amend, supplement, change
or repeal this chapter, including the Zoning Map. Any amendment, supplement,
change or repeal may be initiated by the Planning Commission, the
Board of Supervisors or by a petition to the Township Secretary and
shall thereafter be refiled as part of the permanent records of the
Township.
A.
Amendments initiated by the Planning Commission. When an amendment,
supplement, change, or repeal is initiated by the Planning Commission,
the proposal shall be presented to the Board of Supervisors, which
shall then proceed in the same manner as with a petition to the Board
of Supervisors which has already been reviewed by the Planning Commission.
B.
Amendments initiated by the Board of Supervisors. When an amendment,
supplement, change, or repeal is initiated by the Board of Supervisors,
it shall submit the proposal to the Planning Commission for review
and recommendations.
C.
Challenges. A landowner who, on substantive grounds, desires to challenge
the validity of an ordinance or map or any provision thereof which
prohibits or restricts the use or development of land in which the
landowner has an interest, the landowner shall follow the procedure
in § 916.1, Validity of Ordinance; Substantive Questions,
of the PaMPC, Act of 1968, P.L. 805, No. 247, as amended. A landowner
curative amendment shall follow the procedure in § 609.1,
Procedure for Landowner Curative Amendments, of the PaMPC, Act of
1968, P.L. 805, No. 247, as amended.
D.
Referral to the Planning Commission. After receipt of proposed amendments
or petition to the Board of Supervisors, said amendments or petition
shall be presented to the Planning Commission for review and recommendations
at least 30 days prior to the public hearing. A report of said review,
together with any recommendations, shall be given to the Board of
Supervisors in writing within 30 days from the date of referral. If
the Planning Commission shall fail to file such a report within the
time and manner specified, it shall be conclusively presumed that
the Planning Commission has approved the proposed amendment, supplement,
change or repeal.
E.
Referral to professional consultants. In addition to review by the
Planning Commission, the Board of Supervisors may submit proposed
amendments to professional consultants for review and recommendations.
A report of said review and recommendations must be given to the Board
of Supervisors within 45 days from date of referral. If such a report
is not filed within the time and manner specified, it shall be concluded
that the professional consultants are in agreement with the proposed
amendment, supplement or change.
F.
Public hearing. The Board of Supervisors shall fix a time and place
for a public hearing at which parties of interest and citizens shall
have an opportunity to be heard. Notice of the time and place of such
hearings shall be published in one newspaper of general circulation
in the Township once each week for two successive weeks, not more
than 30 days and not less than seven days prior to the date of said
hearings.
G.
Action by the Board of Supervisors. At the time and place specified,
the Board of Supervisors shall conduct a hearing on said petition
to amend, supplement, change or repeal this chapter or the Zoning
Map of the Township and shall thereafter within a period of 30 days
either reject the proposed change or adopt an ordinance implementing
the proposed change. The Board of Supervisors may adjourn said hearing
at its discretion to a time and place certain.
H.
Authentication of Official Zoning Map. Whenever there has been a
change in the boundary of a zoning district or reclassification of
the zoning district adopted in accordance with the above, the change
on the Official Zoning Map shall be made, and shall be duly certified
by the person or Township Official aggrieved or affected who is seeking
relief. All actions of the Board shall be by resolution, and a copy
shall be furnished to the parties in interest and the Zoning Officer,
and said resolution shall be retained by the Zoning Officer as a public
record.
[Amended 4-12-2022 by Ord. No. 2022-O-06]
