This chapter shall be known and may be cited as the "West Hanover Township Zoning Ordinance," Chapter 195 of the Code of the Township of West Hanover, hereinafter referred to as "chapter."
A.
This chapter is intended to guide future growth and development by
regulating land uses within West Hanover Township for the improvement
of the health, safety, comfort, morals, and general welfare of its
citizens.
B.
This chapter has been enacted after considering the community development
objectives specified in the West Hanover Township Comprehensive Plan,
as adopted and amended by the West Hanover Township Board of Supervisors.
C.
In addition to the stated community development objectives, the following
items were duly considered in drafting and enacting this chapter:
(1)
To promote, protect, and facilitate any or all of the following:
(a)
The public health, safety, and general welfare;
(b)
The provisions of adequate light and air, access to incidental
solar energy;
(c)
The provision of public services and facilities, including vehicle
parking, and loading space, transportation, water, sewerage, schools,
recreational facilities, public grounds, the provision of a safe,
reliable, and adequate sewer and water supply for domestic, commercial,
and other public requirements; and
(d)
The preservation of the natural, scenic, cultural, and historic
resources and landscapes and the protection of forests, wetlands,
aquifers, and floodplains.
(2)
To provide for the use of land within the Township for residential
housing of various dwelling types encompassing all basic forms of
housing, including single-family and two-family dwellings, and a reasonable
range of multifamily dwellings in various arrangements, and manufactured
housing; provided, however, that this chapter shall not be deemed
invalid for the failure to provide for any other specific dwelling
type.
(3)
To accommodate reasonable overall community growth, including
population and employment growth, and opportunities for the development
of a variety of residential dwelling types and nonresidential uses,
including agriculture and associated production.
(4)
To preserve prime agriculture and farmland, considering topography,
soil type and classification and present use.
This chapter is enacted and ordained under the grant of powers
by the General Assembly of the Commonwealth of Pennsylvania, Act 247,
the Pennsylvania Municipalities Planning Code, July 31, 1968, as amended,
hereinafter referred to as "MPC."[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
This chapter shall apply to all properties and uses located within
the corporate limits of the West Hanover Township, Pennsylvania, hereinafter
referred to as the "Township."
B.
Township exemption. All uses, structures, buildings and activities
owned and/or operated by West Hanover Township are exempt from the
regulations contained within this chapter.
A.
The terms of this chapter shall be applied in consideration of the
West Hanover Township Comprehensive Plan.
B.
Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover shall provide design standards and other regulations pertaining to the development of land, whereas this chapter provides parameters on the use of land. Both chapters correlate with each other to provide the overall regulations administered by the Township Board of Supervisors, Zoning Officer, Subdivision Administrator, and/or Zoning Hearing Board, as specified in said chapters.
C.
Except as hereinafter specified, no land shall hereafter be used, or developed, and no building or part thereof or other structure shall be used, located, erected, constructed, reconstructed, extended, enlarged, converted, or altered except in conformity with the regulations herein specified for the zoning district in which it is located. Furthermore, any changes created by a subdivision of land shall also be in conformity with the regulations herein specified for the zoning district in which it is located, as reviewed, and determined by the Zoning Officer, as defined in § 195-108.
D.
Disclaimer. It is recognized that: the Act of June 22, 1937 (P.L.
1987, No. 394) known as the "Clean Streams Law"[1]; the Act of May 31, 1945 (P.L. 1198, No. 418) known as
the "Surface Mining Conservation and Reclamation Act"[2]; the Act of April 27, 1966 (1st Special Session, P.L.
31, No. 1) known as the "Bituminous Mine Subsidence and Land Conservation
Act"[3]; the Act of September 24, 1968 (P.L. 1040, No. 318) known
as the "Coal Refuse Disposal Control Act"[4]; the Act of December 19, 1984 (P.L. 1140, No. 223) known
as the "Noncoal Surface Mining Conservation and Reclamation Act"[5]; the Act of June 30, 1981 (P.L. 128, No. 43) known as
the "Agricultural Area Security Law"[6]; the Act of June 10, 1982 (P.L. 454, No. 133) entitled
"An act protecting agricultural operations from nuisance suits and
ordinances under certain circumstances"[7]; and the Act of May 20, 1993 (P.L. 12, No. 6) known as
the "Nutrient Management Act"[8] preempt zoning ordinances. Therefore, suggestions, recommendations,
options or directives contained herein are intended to be implemented
only to the extent that they are consistent with and do not exceed
the requirements of those Acts. Nothing contrary to those Acts shall
be mandated by this chapter.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[2]
Editor's Note: See 52 P.S. § 1396.1 et seq.
[3]
Editor's Note: See 52 P.S. § 1406.1 et seq.
[4]
Editor's Note: See 52 P.S. § 30.51 et seq.
[5]
Editor's Note: See 52 P.S. § 3301 et seq.
[6]
See 3 P.S. § 901 et seq.
[7]
Editor's Note: See 3 P.S. § 951 et seq.
[8]
Editor's Note: See 3 Pa.C.S.A. § 311 et seq.
Should a court of competent jurisdiction declare any article,
subsection, or provision of this chapter invalid or unconstitutional,
this decision shall not affect the validity or constitutionality of
this chapter as a whole, or any part thereof, other than the part
so declared to be invalid or unconstitutional.
A.
The provisions of this chapter shall be administered by the Township's
Zoning Officer.
B.
The Zoning Officer, who shall not hold any elected office in the
Township and shall be hired by the Township Manager with the consent
of the Board of Supervisors. The Zoning Officer shall meet qualifications
established by the Board and shall be able to demonstrate to the satisfaction
of the Board a working knowledge of municipal zoning. The Zoning Officer
shall administer this chapter in accordance with its literal terms.
The Zoning Officer shall ensure compliance with, and issuance of all
permits required by this chapter. The Zoning Officer may institute
civil enforcement proceedings as a means of enforcement when acting
within the scope of their employment by the Township.
C.
The administration and enforcement duties and powers of the Zoning
Officer shall be as follows:
(1)
To enforce the provisions of this chapter.
(2)
To maintain files of all applications for zoning permits along
with plans submitted therewith as well as final certificates and permits.
(3)
To maintain records of every complaint of a violation of the
provisions of this chapter as well as action taken as a result of
such complaints.
A.
General.
(1)
A zoning permit shall be required prior to the following activities:
(a)
The erection, alteration, enlargement or relocation of any building,
structure, land or portion thereof;
(b)
The use or change in the use of a building, structure or land;
(e)
The erection, placement, installation, alteration, relocation or replacement of a sign as specified in Article 5 of this chapter;
(f)
Driveways or parking areas; and
(g)
Temporary use, structure, or building.
(2)
No zoning permit shall be required for repairs or maintenance
of any structure or land, provided that such repairs do not change
the use or the exterior dimensions of the structure or otherwise violate
the provisions of this chapter.
(3)
It shall be unlawful for any person to commence work for the
erection or alteration of any structure or to engage in the change
in land use until a zoning permit has been duly issued.
(a)
Where a permit is required, but the work is commenced or the
use is commenced or changed prior to obtaining such permit, the fees
set by ordinance or resolution of the Township Board of Supervisors
for such permit shall be doubled.
(b)
The doubling of the permit fee shall be required to reflect
the additional expense incurred by the Township resulting from the
need to inspect the property, issue any enforcement notices and/or
process the application as soon as it is received.
(c)
The payment of such increased permit fee shall not relieve any
person from complying with all requirements of this chapter or any
other applicable Township ordinances or from any penalties or enforcement
actions authorized by this chapter.
(4)
Municipal liability. The granting of a zoning permit for the
erection and/or use of a structure, building or lot shall not constitute
a representation, guarantee or warranty of any kind or nature by West
Hanover Township, or an official or employee thereof, of the safety
of any structure, building, use or other proposed plan from cause
whatsoever, and shall create no liability upon or a course of action
against such public official or employee for any damage that may be
pursuant thereto.
B.
Application.
(1)
Every application for a zoning permit shall contain, in addition
to other applicable requirements that may be specified in this chapter,
the following information:
(a)
The application 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 officers, if
the owner or lessee is a corporate body, shall be stated in the application.
(b)
The property identification number as it appears on the latest
tax records.
(d)
Site plan requirements. A site plan drawn to scale and signed
by the person responsible for such drawing. However, in instances
when a new building is proposed and a stormwater plan is required,
the site plan shall be prepared by a professional engineer, professional
landscape architect, or professional land surveyor. In all cases,
the site plan shall include the following:
[1]
The actual shape, dimensions, radii, angles, and area of the
lot on which the structure/building is proposed to be erected, or
the lot in which it is situated if in an existing building.
[2]
The exact size and locations of the proposed structure/building
or structures/building on the lot, or alteration of an existing structure,
and of other existing structure/building on the same lot.
[3]
The dimensions of all yards in relation to the subject structures
and the distances between such structure/building and any other existing
structures on the same lot.
[4]
The existing and intended use of all structures/buildings, existing
or proposed, the use of land, and the number of families or dwelling
units the structure is designed to accommodate.
[5]
Such topographic or other information about the structure/building,
the lot, or neighboring lot as may be necessary to determine that
the proposed construction shall conform to the provisions of this
chapter.
[6]
Proposed access driveway(s) showing all pertinent details, including
but not limited to driveway type, slope, property setbacks, connecting
public roadway name, number and posted speed limit, drainpipes, culverts,
property lines, width, type of surface, and clear sight distances.
Proof of a highway occupancy (including a minimum use driveway) permit
is required for access off state-owned rights-of-way.
[7]
Other information as may be necessary to determine compliance
with this chapter and all other Township ordinances.
(e)
Proof of workers' compensation coverage. If workers'
compensation coverage is not provided, then the applicant shall be
required to complete an affidavit of exemption from Workers' Compensation
Act provided by the Township.
(2)
Additional requirements for all commercial and industrial uses.
In addition to the above applicable requirements, the following information
shall also be provided for commercial and industrial uses:
(a)
A location map showing the tract to be developed, zone boundaries,
adjoining tracts, significant natural features, and streets for a
distance of 200 feet from all tract boundaries.
(b)
A site plan of the lot showing the location of all existing
and proposed buildings, driveways, parking lots showing access drives,
circulation patterns, curb cut accesses, parking stalls, access from
streets, screening fences and walls, waste disposal fields or other
methods of sewage disposal, other construction features on the lot,
and the location of all topographical features.
(c)
A description of the operations proposed in sufficient detail
to indicate the effects of those operations in producing traffic congestion,
noise, glare, air pollution, water pollution, vibration, fire hazards,
safety hazards or the emission of any potentially harmful or obnoxious
matter or radiation.
(d)
Evidence that the disposal of materials and wastes shall be
accomplished in a manner that complies with state and federal regulations.
Should the nature of the materials used or wastes generated change
significantly, either in type or amount, the owner shall so inform
the Zoning Officer and shall provide additional evidence demonstrating
continued compliance with the requirements of this article.
(e)
Designation of how sanitary sewage and stormwater shall be disposed,
and water supply obtained.
(f)
The proposed number of shifts to be worked and the maximum number
of employees on each shift.
(g)
Where use by more than one firm is anticipated, a list of firms
that are likely to be located in the center, their floor area, and
estimated number of employees.
(3)
The zoning permit application and all supporting documentation
shall be made in duplicate. On the issuance of a zoning permit, the
Township shall return one copy of all filed documents to the applicant.
C.
Review and issuance.
(1)
The Township shall after the filing of a complete and properly
prepared application, either issue or deny a zoning permit. If a zoning
permit is denied, the Township shall state in writing to the applicant
the reasons for such denial, and the applicant shall be informed of
their right to appeal to the Zoning Hearing Board.
(2)
The Zoning Officer may call upon other Township staff and/or
Township-appointed consultants in the review of submitted materials
for applications.
(3)
No zoning permit shall be issued unless the proposed activity
is in full conformity with all the provisions of this chapter, and
the following:
(4)
No zoning permit shall be issued for any structure/building
upon a lot without access to a street or highway.
(5)
Conditions of permit.
(a)
No zoning permit shall be issued until the required fees prescribed under § 195-111 of this article shall be paid to the Township. The payment of fees under this article shall not relieve the applicant or holder of said zoning permit from payment of other fees that may be required by this chapter or by any other ordinances or law.
(b)
The zoning permit shall be a license to proceed with the work
and shall 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.
(c)
All work or uses shall conform to the approved application and
plans for which the zoning permit has been issued, as well as the
approved site plan or land development plan.
(6)
Every zoning permit shall expire after one year from the date
of issuance. If no zoning amendments or other codes or regulations
affecting the subject property have been enacted in the interim, the
Township may authorize in writing the extension of either above periods
of an additional six months, following which no further work is to
be undertaken without a new zoning permit. Such request shall be made
in writing to the Zoning Officer.
(7)
The applicant shall prominently display all approved zoning
permits on the subject property during construction, renovation, reconstruction,
repair, remodeling, or the conduct of other site improvements. The
applicant shall display the zoning permit within five days of permit
issuance or prior to the commencement of actual work on the site,
whichever occurs first. The applicant shall continuously display the
zoning permit until the site receives its certificate of use.
(8)
Revocation of permit. A zoning permit for any structure, building,
or use shall be revoked by the Zoning Officer or authorized representative
if the holder of such permit has failed to comply with the requirements
of this chapter or with any conditions attached to the issuance of
the permit. Upon revocation of a permit, the holder may also be subject
to the enforcement remedies and penalties provided by this chapter,
by the other provisions of Township enacted ordinances, and by state
and federal law.
D.
Temporary uses.
(1)
The Township recognizes that there are certain uses, of a temporary
nature, which are generally beneficial to the Township and its residents,
such as:
(a)
The erection of a seasonal tent from which flowers, plants,
produce, Christmas trees or fireworks are sold prior to observed holidays
(permit evaluation shall consider the impacts to the required parking,
i.e., number of spaces reduced based on the location and placement
of the temporary tent structure.)
(c)
Dumpsters or storage pods.
(d)
Construction job site office trailers.
(2)
It is the intention of the Township to allow such temporary
uses in accordance with the requirements of this article.
(3)
Where the proposed temporary use is permitted within the zoning
district, the applicant shall apply to the Zoning Officer for a zoning
permit. Any zoning permit shall specify the dates upon which the temporary
use may be operated, the temporary structures which may be erected,
and the temporary signs which may be erected.
(4)
The Zoning Hearing Board, by special exception, may authorize
a temporary use in a district where such use is not authorized if
the applicant meets the general requirements for a special exception
and demonstrates evidence of the temporary use requirements. If the
applicant demonstrates to the satisfaction of the Zoning Hearing Board
that its application meets all five of the below criteria, the Zoning
Hearing Board may, by special exception, authorize each such temporary
use. The decision of the Zoning Hearing Board shall identify the specific
dates upon which the use may be conducted and the specific tract or
portion of the tract upon which the temporary use may be conducted.
Temporary uses may not exceed 15 days at any single time or 30 days
in any calendar year.
(5)
The applicant for a temporary use, shall present evidence of
the following:
(a)
Adequate off-street parking is provided.
(b)
Any signs are temporary in nature and do not exceed the number
or area which would be permitted for a permanent use.
(c)
Other facilities, including but not limited to sewage disposal
facilities and trash disposal are available for persons reasonably
anticipated to attend the temporary use.
(d)
A plan for addressing traffic to be generated by the temporary
use. If necessary, the applicant shall arrange for the provision of
fire police or other persons to direct traffic to the temporary off-street
parking facilities.
(e)
The temporary use shall contribute to the welfare of the Township
and its residents, and shall not adversely affect the health, safety
or welfare of adjoining residents or the uses permitted within the
zone in which the temporary use is proposed.
(6)
Failure to cease operation on the date specified in the temporary
zoning permit or failure to remove all temporary structures and temporary
signs shall constitute a violation of this chapter.
A.
A certificate of use shall be issued by the Zoning Officer setting
forth either that a building, structure, parcel or use of land complies
with the provisions of this chapter.
B.
No vacant land shall be occupied or used, and no structure/building
or part of a structure/building hereafter erected, substantially altered
or changed in use shall be occupied or used until a certificate of
use shall have been issued by the Zoning Officer.
C.
A certificate of use for the use or occupancy of vacant land or for
a change in the use of land or for a change in the use of an existing
building, either for a whole or part of a new building, or for the
alteration of an existing building, shall be applied for coincident
with the applications for a building or zoning permit and shall be
issued or denied within 15 days after a final inspection of the Zoning
Officer.
D.
A certificate of use for changing or extending a nonconforming use
existing at the effective date of this chapter or of an amendment
thereto shall be authorized by the Zoning Hearing Board prior to the
issuance of a certificate of use. A certificate of use for changing
or extending a nonconforming use shall be applied for and issued before
any such nonconforming use shall be changed or extended. The application
for a certificate of use for changing or extending a nonconforming
use shall be accompanied by a decision, signed and dated by the Zoning
Hearing Board. Such certificate shall be issued within 15 days after
a final inspection and approval by the Zoning Officer.
E.
A record of all certificates of use shall be kept on file in the
office of the Zoning Officer.
A.
The Board of Supervisors may, by resolution, establish fees for the
administration of this chapter. All fees shall be determined by a
schedule that is made available to the general public. The Board of
Supervisors may reevaluate the fees schedule and make necessary alterations
to it. Such alterations shall not be considered an amendment to this
chapter and may be adopted at any public meeting of the Board of Supervisors.
B.
Such fees shall be payable to the Township. Until all applicable
fees, charges and expenses have been paid in full, the applications
shall be considered incomplete, and no action shall be taken on any
application or appeal.
A.
Any person, partnership or corporation who or which has violated
the provisions of this chapter or of the MPC, as amended, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Township, shall pay a judgment of not less than $100 but no
more than $500 plus 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 District Justice. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues shall constitute a separate violation, unless
the District Justice determining that there has been a violation further
determines that there was a good faith basis for the person, partnership
or corporation violating the 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.
All judgments, costs, and reasonable attorney fees collected for the
violation of this Zoning Chapter shall be paid over to the Township.
B.
The Court of Common Pleas, upon petition, may grant an order to stay,
upon cause shown, tolling the per diem fine, pending a final adjudication
of the violation and agreement.
C.
Nothing contained in this chapter shall be construed or interpreted
to grant any person or entity other than the Township the right to
commence any action for enforcement of this chapter.
An appeal or application for an amendment or variance from the
terms of this chapter shall be filed with the Zoning Officer and shall
contain the following information:
A.
The name, address, and contact information of the applicant.
B.
The name, address, and contact information of the owner of the real
estate to be affected by such proposal.
C.
A brief description and location of the real estate to be affected
by such proposal, including the property identification number.
D.
A statement of the present zoning classification of the real estate
in question, the improvements thereon, and the present use.
E.
A statement of the article of this chapter under which the appeal
or application is filed and reasons why it should be granted or a
statement of the article of this chapter governing the situation in
which the alleged erroneous ruling is being appealed and reasons for
the appeal.
F.
An accurate description of the present improvements and the additions intended to be made under this application, indicating the size and use of such proposed improvements and general construction thereof. In addition, there shall be attached a site plan of the real estate to be affected, as required to accompany applications for permits as outlined in § 195-109.
A.
Creation and appointment.
(1)
Members. Pursuant to Article IX of the MPC, the Board of Supervisors
does hereby create a Zoning Hearing Board and appoint five members
who shall be residents of the Township. Members of the Zoning Hearing
Board shall be appointed by resolution of the Board of Supervisors.
Their terms of office shall be five years and shall be so fixed that
the term of office of one member shall expire each year. Members of
the Zoning Hearing Board shall hold no other office, elected or appointed,
in the Township.
(2)
Alternates. Pursuant to Section 903(b) of the MPC,[1] the Township may appoint by resolution at least one but
no more than three residents of the Township to serve as alternate
members of the Zoning Hearing Board. The term of office of an alternate
member shall be three years. Alternates shall hold no other office,
elected or appointed, in the Township.
[1]
Editor's Note: See 53 P.S. 10903(b).
B.
Removal of members. Any Zoning Hearing Board member may be removed
for malfeasance, misfeasance, or nonfeasance in office or for other
just cause by a majority vote of the Board of Supervisors which appointed
the member, taken after the member has received 15 days' advance
notice of the intent to take such a vote.
C.
Organization of Zoning Hearing Board. The Zoning Hearing 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 Zoning Hearing Board, but where two members are disqualified from acting in a particular matter, the remaining member may act for the Zoning Hearing Board. The Zoning Hearing 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 Zoning Hearing Board as provided in § 195-114E. The Zoning Hearing Board may make, alter, and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the Commonwealth of Pennsylvania. The Zoning Hearing Board shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors as requested.
D.
Expenditures for services. Within the limits of funds appropriated
by the Board of Supervisors, the Zoning Hearing Board may employ or
contract for secretaries, clerks, legal counsel, consultants, and
other technical and clerical services. Members of the Zoning Hearing
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 members
of the Board of Supervisors.
E.
Hearings. A hearing conducted by the Zoning Hearing Board 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.
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the following requirements:
(1)
Notice. Public notice shall be given, and written notice shall
be given to the applicant, the Township Secretary, the Township Planning
Commission, and to any person who has made timely request for the
same. Written notices shall be given at such time and in such a manner
as shall be prescribed by the Zoning Hearing Board and the requirements
of the MPC, 53 P.S. § 10101, et seq., provided that the
notices conform to the following:
(a)
Written notices shall state the time, date, and location of
the proposed hearing.
(b)
Written notice shall be conspicuously posted on the affected
tract of land at least seven calendar days prior to the hearing.
(c)
At least seven business days prior to the hearing, the applicant
shall provide written notice, by U.S. Mail, to all abutting landowners.
Landowners are determined by the then-current Dauphin County tax records;
provided, however, that failure to give the notice as required by
this article shall not invalidate any action taken by the Zoning Hearing
Board.
(2)
Conduct of hearing. The hearings shall be conducted by the Zoning
Hearing Board or the Zoning Hearing 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 Zoning Hearing Board, but the parties
may waive decision or findings by the Zoning Hearing Board and accept
the decision or findings of the hearing officer as final.
(a)
The parties to the hearing shall be any person affected by the
application who has made timely appearance of record before the Zoning
Hearing Board, and any other person, including civic, or community
organizations permitted to appear by the Zoning Hearing Board. The
Zoning Hearing Board shall have the power to require that all persons
who wish to be considered parties enter appearances in writing.
(b)
The Chairperson of the Zoning Hearing Board or the hearing officer
presiding shall have the 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.
(c)
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.
(d)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(e)
The Zoning Hearing Board or the hearing officer shall keep a
stenographic record of the proceedings. The appearance fee for a stenographer
shall be shared equally by the applicant and the Zoning Hearing Board.
The cost of the original transcript shall be paid by the Zoning Hearing
Board if the transcript is ordered by the Zoning Hearing Board or
hearing officer. It shall be paid by the person appealing from the
decision of the Zoning Hearing 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.
(f)
The Zoning Hearing Board or the hearing officer shall not communicate,
directly or indirectly, with any party or their 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 unless the parties are
afforded an opportunity to contest the material so noticed and shall
not inspect the site or its surroundings after commencement of hearings
with any party or their representative unless all parties are given
an opportunity to be present.
(3)
Decision.
(a)
The Zoning Hearing Board or the hearing officer shall render
a written decision or, when no decision is called for, make written
findings on the application within 45 calendar days after the last
hearing before the Zoning Hearing Board or hearing officer.
(b)
Each decision shall be accompanied by findings of fact and conclusions
based thereon together with the reasons therefor. Conclusions based
on any provisions of this chapter or of any 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.
(c)
If the hearing is conducted by a hearing officer, and there
has been no stipulation that the officer's decision or findings
are final, the Zoning Hearing Board shall make its report and recommendations
available to the parties within 45 calendar days, and the parties
shall be entitled to make written findings to the Zoning Hearing Board
prior to final decision or entry of findings, and the Zoning Hearing
Board's decision shall be entered no later than 30 calendar days
after the decision of the hearing officer.
(d)
Where the Zoning Hearing Board has power to render a report
and the Zoning Hearing Board or the hearing officer as the case may
be, fails to render the same within the period required by this subsection,
or fails to hold the required hearing within 60 calendar 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 to an extension of time.
(e)
When a decision has been rendered in favor of the applicant because of the failure of the Zoning Hearing Board to meet or render a decision, the Zoning Hearing Board shall give public notice of the said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in § 195-115E(1). If the Zoning Hearing Board fails to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to urge that such a decision is erroneous.
(f)
A copy of the final decision, or where no decision is called
for of the findings, shall be delivered to the applicant personally
or mailed to them not later than the next business day following its
date. To all other persons who have filed their name and address as
a party to the hearing, the Zoning Hearing Board shall provide by
mail a copy of the decision.
F.
Jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction
to hear and render final adjudications in the following matters:
(2)
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.
(3)
Appeals from a determination by the Zoning Officer or the Township
Engineer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance.
(7)
Appeals from the determination of the Zoning Officer or the
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 under Article V or VII of the MPC.
G.
Board of Supervisors. The Board of Supervisors shall have exclusive
jurisdiction to and render final adjudications in the following matters:
(3)
Applications for conditional use under the express provisions as specified under § 195-115 of this chapter.
(6)
Appeals from the determination of the Zoning Officer or the
Township Engineer in the administration of any land use ordinance
or provisions thereof with reference to sedimentation and erosion
control and stormwater management insofar as the same relate to applications
for land development under Articles V and VII of the MPC. Where such
determination relates only to development not involving an Article
V or VII application, the appeal from such determination of the Zoning
Officer or the Township Engineer shall be to the Zoning Hearing Board
pursuant to this article. Where the applicable land use ordinance
vests jurisdiction for final administration of subdivision and land
development applications in the Planning Commission, all appeals from
determinations under this subsection shall be to the Planning Commission,
and all appeals from the decision of the Planning Commission shall
be to court.
H.
Zoning Hearing Board functions.
(1)
Variances. The Zoning Hearing Board shall hear requests for
variances where it is alleged that the provisions of this chapter
inflict unnecessary hardship upon the applicant. The Zoning Hearing
Board may grant a variance, provided that the following findings are
made where relevant in each 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 zoning 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 necessary hardship has not been created by the appellant.
(d)
That the variance, if authorized, shall not alter the essential
character of the zoning district in which the property is located,
nor substantially or permanently impair the appropriate use or development
of an adjacent property, nor be detrimental to the public welfare.
(e)
That the variance, if authorized, shall represent the minimum
variance that shall afford relief and shall represent the least modification
possible of the regulation in issue.
(f)
In granting any variance, the Zoning Hearing Board may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of this act and this chapter.
(2)
Special exceptions.
(a)
Where the Board of Supervisors has stated special exceptions
to be granted or denied by the Zoning Hearing Board pursuant to the
standards and criteria specified below, the Zoning Hearing Board shall
hear and decide requests for such special exceptions in accordance
with such standards and criteria. In granting a special exception,
the Zoning Hearing 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 this chapter.
(b)
Standards and criteria. In any instance where the Zoning Hearing
Board is required to consider a special exception to this chapter
in accordance with the provisions of this chapter, the Zoning Hearing
Board shall, among other things:
[1]
Consider the suitability of the property for the use desired
and assure itself that the proposed change is consistent with the
spirit, purpose, and intent of this chapter;
[2]
Determine that the proposed change shall not substantially injure
or detract from the use of neighboring property or the character of
the neighborhood and that the use of the property adjacent to the
area included in the proposed change or plan is adequately safeguarded;
[3]
Determine that the proposed change shall serve the best interests
of the Township, the convenience of the community (where applicable),
and the public welfare;
[4]
Consider the effect of the proposed change upon the logical,
efficient, and economical extension of public services and facilities,
such as public water, sewers, police, and fire protection, and public
schools;
[5]
Consider the suitability of the proposed location of an industrial
or commercial use with respect to probable effects upon roadway traffic
and assure adequate access arrangements to protect all streets from
undue congestion and hazard;
[6]
Be guided in its study, review, and recommendation by sound
standards of subdivision practice where applicable; and
[7]
Impose such conditions, in addition to those required, as are
necessary to assure that the intent of this chapter is complied with,
which conditions may include, but are not limited to, harmonious design
of buildings, plantings and its maintenance as a sight or sound screen,
the minimizing of noxious, offensive or hazardous elements, adequate
standards of parking and sanitation.
I.
Parties appellant before Zoning Hearing Board. Appeals under § 195-114 may be filed with the Zoning Hearing Board in writing by the landowner affected or any officer or agency of the Township, or any person aggrieved. Requests for a variance under § 195-114H(1) and for special exceptions under § 195-114H(2) may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
J.
Time limitations. The time limitations for raising certain issues
and filing certain proceedings with the Zoning Hearing Board shall
be the following:
(1)
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after any 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 they had no notice, knowledge, or reason to
believe that such approval had been given. If such person has succeeded
to their interest after such approval they shall be bound by the knowledge
of their predecessor in interest.
(2)
The failure of anyone other than the landowner to appeal from
an adverse decision on a tentative plan, or from an adverse decision
by a Zoning Officer on a challenge to the validity of this chapter
or Zoning Map shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative approval.
K.
Stay of proceedings. Upon filing of any proceeding with the Zoning
Hearing Board and during its pendency before the Zoning Hearing 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 Zoning Hearing 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 Zoning Hearing 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 Zoning Hearing
Board by persons other than the applicant, the applicant may petition
the court having jurisdiction of zoning appeals to order such persons
to post a bond as a condition to continuing the proceedings before
the Zoning Hearing Board. The question of whether such petition should
be granted and the amount of the bond shall be within the sound discretion
of the court.
A.
Filing of conditional use. For any use permitted by conditional use,
a conditional use shall be obtained from the Township Board of Supervisors.
In addition to the information required on the zoning permit application,
the conditional use application shall show the following:
(1)
Ground floor plans and elevations of proposed structures. This
requirement shall not apply for proposed single-family dwellings.
(2)
A scaled drawing (site plan) of the site with sufficient detail
and accuracy to demonstrate compliance with all applicable provisions
of this chapter.
(3)
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter.
B.
General criteria. Each applicant shall demonstrate compliance with
the following:
(2)
The proposed use shall not detract from the use and enjoyment
of adjoining or nearby properties;
(3)
The proposed use shall not affect a change in the character
of the subject property's neighborhood;
(4)
Adequate public facilities (e.g., schools, fire, police and
ambulance protection, sewer, water, and other utilities, vehicular
access, etc.) are available to serve the proposed use;
(5)
That the use of adjacent land and buildings shall not be discouraged
and the value of adjacent land and buildings shall not be impaired
by the location, nature and height of buildings, walls and fences;
(6)
That the use shall have proper location with respect to existing
or future streets, and shall not create traffic congestion or cause
nonresidential traffic on local residential streets;
(7)
The proposed use shall comply with those criteria specifically listed in Article 3 of this chapter. In addition, the proposed use shall comply with all other applicable regulations of this chapter; and
(8)
The proposed use shall not substantially impair the integrity
of the Township's Comprehensive Plan.
C.
Conditions. The Board of Supervisors in approving conditional use
applications, may attach conditions considered necessary to protect
the public welfare and the purposes listed above, including conditions
which are more restrictive than those established for other uses in
the same zone. These conditions shall be enforceable by the Zoning
Officer and failure to comply with such conditions shall constitute
a violation of this chapter and be subject to the penalties described
in this article.
D.
Site plan approval. Any site plan presented in support of the conditional use pursuant to Subsection A shall become an official part of the record for said conditional use. Approval of any conditional use shall also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.
E.
Hearing procedures.
(1)
Before voting on the approval of a conditional use, the Board
of Supervisors shall hold a public hearing thereon, pursuant to public
notice. The Board of Supervisors shall submit each such application
to the Township Planning Commission at least 30 days prior to the
hearing on such application to provide the Township Planning Commission
an opportunity to submit recommendations. If, after any public hearing
held upon an application, the proposed application is revised, the
Board of Supervisors shall hold another public hearing, pursuant to
public notice, before proceeding to vote on the application.
(2)
Public notice, as defined herein, 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 provisions, by rules of
the Board of Supervisors. 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.
(3)
The Board of Supervisors may prescribe reasonable fees with
respect to hearings. Fees for said hearings may include compensation
for the secretary, stenographer, notice and advertising costs, and
necessary administrative overhead connected with the hearing. The
costs, however, shall not include legal expenses, expenses for engineering,
architectural, or other technical consultants, or expert witness costs.
(4)
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 of Supervisors, and any other person, including civic
or community organizations permitted to appear by the Board of Supervisors.
The Board of Supervisors shall have power to require that all persons
who wish to be considered parties enter appearance in writing on forms
provided by the Board of Supervisors for that purpose.
(5)
The Chairperson or Acting Chairperson of the Board of Supervisors
shall have power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant documents
and paper, including witnesses and documents requested by the parties.
(6)
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.
(7)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(8)
The Board of Supervisors may keep a stenographic record of the
proceedings. The appearance fee for a stenographer shall be shared
equally by the applicant and the Board of Supervisors. The cost of
the original transcript shall be paid by the Board of Supervisors
if the transcript is ordered by the Board of Supervisors; or shall
be paid by the person appealing the decision of the Board of Supervisors
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.
(9)
The Board of Supervisors shall not communicate, directly or
indirectly, with any party or their 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 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 their representative
unless all parties are given an opportunity to be present.
(10)
The hearing shall be conducted by the Board of Supervisors,
or the Board may appoint any member or an independent attorney as
a hearing officer. The decision or, where there is no decision, the
findings shall be made by the Board of Supervisors. However, the appellant
or the applicant, as the case may be, in addition to the municipality,
may, prior to the decision of the hearing, waive decision or findings
by the Board of Supervisors and accept the decision or findings of
the hearing officer as final.
(11)
The Board of Supervisors shall render a written decision or,
when no decision is called for, make written finds on the conditional
use application within 45 days after the last hearing before the Board
of Supervisors. Where the application is contested or denied, each
decision shall be accompanied by findings of fact or conclusions based
thereon, together with any reasons therefor. Conclusions based on
any provisions of this chapter 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.
(12)
Where the Board of Supervisors fails to render the decision
within the period required by this subsection or fails to commence,
conduct or complete the required hearing as provided in this subsection,
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 of Supervisors
to meet or render a decision as hereinabove provided, the Board of
Supervisors shall give public notice of the decision within 10 days
from the last day it could have met to render a decision in the same
manner as required by the public notice requirements of this chapter.
If the Board of Supervisors shall fail to provide such notice, the
applicant may do so.
F.
Time limitation.
(1)
If a conditional use is granted, the necessary permit shall
be secured and the authorized action begun within two years after
the date when the conditional use is finally granted, and the building
or alteration, as the case may be, shall be completed within three
years of said date. For good cause, the Board of Supervisors may at
any time, upon application in writing, extend either of these deadlines.
(2)
Should the appellant or applicant fail to obtain the necessary
permits within said two-year period or having obtained the permit
should the fail to commence work thereunder within such two-year period,
it shall be conclusively presumed that the appellant or applicant
has waived, withdrawn, or abandoned their application, and all approvals
and permits granted to him shall be deemed automatically rescinded
by the Board of Supervisors.
(3)
Should the appellant commence construction or alteration within
said two-year period, but should they fail to complete such construction
or alteration within said three-year period, the Board of Supervisors
may, upon 10 days' notice in writing, rescind or revoke the granted
conditional use, if the Board of Supervisors finds that no good cause
appears for the failure to complete within such three-year period,
and if the Board of Supervisors further finds that conditions have
altered or changed in the interval since the granting of the conditional
use that revocation or rescission of the action is justified.
(4)
As an alternative to the preceding, an applicant can request, as part of the original application before the Board, the granting of a timetable associated with the request which would supersede the deadlines imposed in Subsection F(1) through (3). In so doing, the applicant shall demonstrate that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this section, the Board shall establish and bind a definite time frame for 1) issuance of a zoning permit, and 2) completion of construction of the project.
A.
Whenever the Zoning Officer or other authorized Township representative
determines that there are reasonable grounds to believe that there
has been a violation of any provision of this chapter, or of any regulation
adopted pursuant thereto, the Zoning Officer shall initiate enforcement
proceedings by sending an enforcement notice as provided in this article.
B.
The enforcement notice shall be sent to the owner of record of the
parcel on which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding that
parcel, and to any other person requested in writing by the owner
of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against
whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which the steps for compliance shall be commenced,
not to exceed 30 days from receipt of notice, and the date before
which the steps shall be completed.
(5)
An outline of remedial action which, if taken, shall affect
compliance with the provisions of this chapter, or any part thereof,
and with any regulations adopted pursuant thereto.
(6)
A statement indicating 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 elsewhere
in this chapter.
(7)
A statement indicating 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.
D.
In any appeal of an enforcement notice to the Zoning Hearing Board,
the Township shall have the responsibility of presenting its evidence
first.
E.
Any filing fees paid by a party to appeal an enforcement notice to
the Zoning Hearing Board shall be returned to the appealing party
by the Township if the Zoning Hearing Board, or any court in a subsequent
appeal, rules in the appealing party's favor.
F.
Causes of action. In case any building, structure, landscaping, or
land is, or is proposed to be, erected, constructed, reconstructed,
altered, converted, maintained, or used in violation of any ordinance
enacted by the Township or prior enabling laws, 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 shall 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 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 to the Board of Supervisors. No such action may be
maintained until such notice has been given.
G.
Supplementary provisions. No zoning permit, certificate of use, or
any other permit referenced in this chapter shall be issued with respect
to a property unless the owner(s) of that property is/are in compliance
with all other ordinances, laws, and regulations of federal and state
government, the Township, and West Hanover Township Water and Sewer
Authority. Additionally, no such permit shall be issued where a charge
for drinking water, wastewater, and stormwater use, real estate taxes,
or other municipal charges associated with the use or ownership of
the property have not been paid and are past due.
A.
General.
(1)
Board of Supervisors action.
(a)
The Board of Supervisors may, from time to time, amend, supplement,
or repeal any of the regulations and provisions of this chapter.
(b)
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)
In the case of an amendment other than that prepared by the
Planning Commission, 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.
(2)
Report of the Planning Commission. In making such report on
a proposed amendment, the Planning Commission shall make inquiry and
recommendation concerning the items specified below:
(a)
Concerning a proposed amendment to or change in the text of
this chapter:
[1]
Whether such change is consistent with the aims and principles
embodied in this chapter as to the particular zoning district(s) concerned.
[2]
Which areas, land uses, structures, buildings, and uses in the
Township shall be directly affected by such change, and in what way
they shall be affected.
[3]
The indirect implications of such change in its effect on other
regulations.
[4]
Whether such proposed amendment is consistent with the aims
of the Township Comprehensive Plan.
(b)
Concerning a proposed amendment involving a change in the Zoning
Map:
[1]
Whether the uses permitted by the proposed change would be appropriate
in the area concerned.
[2]
Whether adequate public school facilities and other public services
exist or can be created to serve the needs of any additional residences
likely to be constructed because of such change.
[3]
Whether the proposed change is in accord with any existing or
proposed plans in the vicinity.
[4]
The effect of the proposed amendment upon the growth of the
Township as envisaged by the Township's Comprehensive Plan.
[5]
Whether the proposed amendment is likely to result in an increase
or decrease in the total zoned residential capacity of the Township
and the probable effect thereof.
(3)
Referral to County Planning Commission. The Board of Supervisors
shall, at least 30 days prior to the public hearing, refer the proposed
amendment to the Dauphin County Planning Commission for recommendations.
(4)
Board of Supervisor's public hearing. The Board of Supervisors
shall fix the time and place of a public hearing on the proposed amendment
to public notice.
(5)
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 Supervisor's shall
hold another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
(6)
Within 30 days after enactment, a copy of the amendment to this
chapter shall be forwarded to the county planning agency.
B.
Procedure for landowner curative amendments.
(1)
A landowner who desires to challenge on substantive grounds
the validity of this chapter or the Zoning Map or any provision thereof
which prohibits or restricts the use or development of land in which
they have an interest may submit a curative amendment to the Board
of Supervisors with a written request that their challenge and proposed
amendment be heard and decided as provided in Section 916.1 of the
MPC.[1] The curative amendment and challenge shall be referred
to the Planning Commission, and the Dauphin County Planning Commission
provided in MPC Section 609[2] and notice of the hearing thereon shall be given as provided
in Sections 610 and 916.1 of the MPC.[3]
(2)
The hearing shall be conducted in accordance with Section 908
of the MPC[4] and all references therein to the Zoning Hearing Board
shall, for purposes of this article, 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 of this 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.
(3)
The Board of Supervisors, if it determines that a validity challenge
has merit, may accept a landowner's curative amendment, with
or without revision, or may adopt an alternative amendment that shall
cure the challenged defects. The Board of Supervisors shall consider
the curative amendments, plans, and explanatory material submitted
by the landowner and shall consider:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools, and other public service facilities.
(b)
If the proposal is for residential use, the impact of the proposal
upon regional housing needs and the effectiveness of the proposal
in providing housing units of a type available to and affordable by
classes of persons otherwise unlawfully excluded by the challenged
provisions of this chapter or Zoning Map.
(c)
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.
(d)
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.
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
C.
Procedure for municipal curative amendments.
(1)
If the Township determines that this chapter, or any portion
thereof, is substantially invalid, it shall take the following actions:
(a)
The Township shall declare by formal action this chapter or
portions thereof substantially invalid and propose to prepare a curative
amendment to overcome such invalidity. Within 30 days of such declaration
and proposal, the Board of Supervisors shall:
(2)
Within 180 days from the date of the declaration and proposal,
the Township shall enact a curative amendment to validate or reaffirm
the validity of this chapter pursuant to the provisions of Section
609 of the MPC,[5] in order to cure the declared invalidity of this chapter.
[5]
Editor's Note: See 53 P.S. § 10609.
(3)
Upon the initiation of the procedures, as set forth in § 195-117C(1), the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the MPC,[6] nor shall the Zoning Hearing Board be required to give
a report requested under Section 909.1 or 916.1 of the MPC[7] subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by § 195-117C(1)(a)[1]. Upon completion of the procedures as set forth in § 195-117C(1) and (2), no rights to a cure pursuant to the provisions of Sections 609.1 and 916.1 of the MPC shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Ordinance for which there has been a curative amendment pursuant to this article.
(4)
The Township, having utilized the procedures set forth in this
chapter, may not again utilize said procedure for a period of 36 months
following the date of enactment of a curative amendment or reaffirmation
of the validity of this chapter; provided, however, that if after
the date of declaration and proposal there is a substantially new
duty imposed upon the Township by virtue of a change in statute or
a Pennsylvania Appellate Court decision to propose a curative amendment
to this chapter to fulfill said duty or obligation.
