A.
In addition to the jurisdiction conferred on it by other provisions
of the Charter, Township Code, and other Township codes and ordinances
of the Township of Pine, the Board of Supervisors shall have exclusive
jurisdiction to and render final adjudications on the following matters
pertaining to the zoning provisions of this chapter:
(1)
Applications for conditional use under the express provisions as
specified in this article.
(2)
Applications for a curative amendment as specified in this article
shall be pursuant to Sections 609.1 and 916.1(a) of the MPC.
(3)
All petitions for zoning text and map amendments of this chapter
as specified in this article and shall be pursuant to the procedures
set forth in Article 609 of the MPC.
(4)
Approval of land developments and subdivisions. The Board of Supervisors
shall be responsible for reviewing land development and subdivision
applications and for taking final action to approve, approve with
conditions, modify, or deny such applications.
A.
Membership.
(1)
The members of the Planning Commission shall consist of seven residents
of the Township.
(2)
The term of each of the members of the Planning Commission shall
be for four years, or until their successor is appointed and qualified,
except that the terms of the members first appointed pursuant to the
MPC shall be so fixed that on Planning Commissions of eight members
or less, no more than two shall be reappointed or replaced during
any future calendar year.
(3)
Removal. Any member of the Planning Commission once qualified and
appointed may be removed from office for malfeasance, misfeasance,
or nonfeasance in office or for other just cause by a majority vote
of the Board of Supervisors taken after the member has received 15
days' advance notice of the intent to take such a vote. A hearing
shall be held in connection with the vote if the member shall request
it, in writing. Any appointment to fill a vacancy created by removal
shall be only for the unexpired term.
B.
Conduct of business.
(1)
The Planning Commission shall elect its own Chairman and Vice Chairman
and create and fill such other offices as it may determine. Officers
shall serve annual terms and may succeed themselves. The Planning
Commission may make and alter by laws and rules and regulations to
govern its procedures consistent with the ordinances of the Township
and the laws of the commonwealth. The Planning Commission shall keep
a full record of its business and shall annually make a written report
by March 1 of each year of its activities to the Board of Supervisors.
Interim reports may be made as often as may be necessary, or as requested
by the Board of Supervisors.
(2)
The Chairman of the Planning Commission may designate alternate members
of the commission to substitute for any absent member or member who
has recused himself or has been disqualified by the Board of Supervisors,
and, if, by reason of absence, recusal or disqualification of a member,
a quorum is not reached, the Chairman of the Planning Commission shall
designate as many alternate members of the Planning Commission to
sit on the Planning Commission as may be needed to reach a quorum.
Any alternate member of the Planning Commission shall continue to
serve on the Planning Commission in all proceedings involving the
matter or case for which the alternate was initially appointed until
the Planning Commission has made a final decision on the matter or
case. Designation of an alternate pursuant to Section 207 of the MPC
shall be made on a case-by-case basis in rotation according to declining
seniority among all alternates.
C.
Powers and duties of planning agency.
(1)
The Planning Commission shall, at the request of the Board of Supervisors,
have the power and shall be required to:
(a)
Prepare the Comprehensive Plan for the development of the Township
as set forth in the MPC and present it for the consideration of the
Board of Supervisors.
(b)
Maintain and keep on file records of its action. All records
and files of the Planning Commission shall be in the possession of
the Board of Supervisors.
(2)
The Planning Commission, at the request of the Board of Supervisors
may:
(a)
Make recommendations to the Board of Supervisors concerning
the adoption or amendment of an official map.
(b)
Prepare and present to the Board of Supervisors a zoning ordinance
and make recommendations to the Board of Supervisors on proposed amendments
to it as set forth in the MPC.
(c)
Prepare, recommend, and administer subdivision and land development
regulations, as set forth in the MPC.
(d)
Prepare and present to the Board of Supervisors a building code
and a housing code and make recommendations concerning proposed amendments
thereto.
(e)
Do such other acts or make such studies as may be necessary
to fulfill the duties and obligations imposed by the MPC.
(f)
Prepare and present to the Board of Supervisors an environmental
study.
(g)
Submit to the Board of Supervisors a recommended capital improvements
program.
(h)
Prepare and present to the Board of Supervisors a water survey,
which shall be consistent with the State Water Plan and any applicable
water resources plan adopted by a river basin commission. The water
survey shall be conducted in consultation with any public water supplier
in the area to be surveyed.
(i)
Promote public interest in, and understanding of, the Comprehensive
Plan and planning.
(j)
Make recommendations to governmental, civic, and private agencies
and individuals as to the effectiveness of the proposals of such agencies
and individuals.
(k)
Hold public hearings and meetings.
(l)
Present testimony before any board.
(m)
Require from other departments and agencies of the Township
such available information as relates to the work of the Planning
Commission.
(n)
In the performance of its functions, enter upon any land to
make examinations and surveys with the consent of the owner.
(o)
Prepare and present to the Board of Supervisors a study regarding
the feasibility and practicability of using renewable energy sources
in specific areas within the Township.
(p)
Review the Zoning Ordinance, Subdivision and Land Development
Ordinance, Official Zoning Map, and such other ordinances and regulations
governing the development of land no less frequently than it reviews
the Comprehensive Plan.
A.
Membership of ZHB.
(1)
The membership of the ZHB shall, upon the determination of the Board
of Supervisors, consist of either three or five residents of the Township
appointed by resolution by the Board of Supervisors. The terms of
office of a three-member ZHB shall be three years and shall be so
fixed that the term of office of one member shall expire each year.
The terms of office of a five-member ZHB shall be five years and shall
be so fixed that the term of office of one member of a five-member
ZHB shall expire each year. If a three-member ZHB is changed to a
five-member ZHB, the members of the existing three-member ZHB shall
continue in office until their term of office would expire under prior
law. The Board of Supervisors shall appoint two additional members
to the ZHB with terms scheduled to expire in accordance with the provisions
of this section. The ZHB shall promptly notify the Board of Supervisors
of any vacancies which occur. Appointments to fill vacancies shall
be only for the unexpired portion of the term. Members of the ZHB
shall hold no other elected or appointed office in the Township nor
shall any member be an employee of the Township.
(2)
The Board of Supervisors may appoint by resolution at least one but
no more than three residents of the Township to serve as alternate
members of the ZHB. The term of office of an alternate member shall
be three years. When seated pursuant to the provisions of Section
906 of the MPC, an alternate shall be entitled to participate in all
proceedings and discussions of the ZHB to the same and full extent
as provided by law for ZHB members, including specifically the right
to cast a vote as a voting member during the proceedings, and shall
have all the powers and duties set forth in this chapter and as otherwise
provided by law. Alternates shall hold no other elected or appointed
office in the Township, including service as a member of the Planning
Commission or as a Zoning Officer, nor shall any alternate be an employee
of the Township. Any alternate may participate in any proceeding or
discussion of the ZHB but shall not be entitled to vote as a member
of the ZHB nor be compensated pursuant to Section 907 of the MPC unless
designated as a voting alternate member pursuant to Section 906 of
the MPC.
B.
Removal of members. Any ZHB 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. A hearing shall be held in connection
with the vote if the member shall request it in writing.
C.
Organization of ZHB.
(1)
The ZHB 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 ZHB, but the ZHB 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 ZHB
as provided in Section 908 of the MPC.
(2)
The Chairman of the ZHB may designate alternate members of the ZHB
to replace any absent or disqualified member and if, by reason of
absence or disqualification of a member, a quorum is not reached,
the Chairman of the ZHB shall designate as many alternate members
of the ZHB to sit on the ZHB as may be needed to reach a quorum. Any
alternate member of the ZHB shall continue to serve on the ZHB in
all proceedings involving the matter or case for which the alternate
was initially appointed until the ZHB has made a final decision on
the matter or case. Designation of an alternate pursuant to this section
shall be made on a case-by-case basis in rotation according to declining
seniority among all alternates.
(3)
The ZHB may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the Township and laws of the commonwealth.
The ZHB shall keep full public records of its business, which records
shall be the property of the Township, and shall submit a report of
its activities to the Board of Supervisors as requested by the Board
of Supervisors.
D.
Expenditures for services. Within the limits of funds appropriated
by the Board of Supervisors, the ZHB may employ or contract for secretaries,
clerks, legal counsel, consultants, and other technical and clerical
services. Members of the ZHB may receive compensation for the performance
of their duties, as may be fixed by the Board of Supervisors, but
in no case shall it exceed the rate of compensation authorized to
be paid to the members of the Board of Supervisors. Alternate members
of the ZHB may receive compensation, as may be fixed by the Board
of Supervisors, for the performance of their duties when designated
as alternate members pursuant to Section 906 of the MPC, but in no
case shall such compensation exceed the rate of compensation authorized
to be paid to the members of the Board of Supervisors.
E.
Hearings.
(1)
The ZHB shall conduct hearings and make decisions in accordance with
the following requirements:
(a)
Public notice shall be given and written notice shall be given
to the applicant, the Zoning Officer, such other persons as the Board
of Supervisors shall designate by ordinance and to any person who
has made timely request for the same. Written notices shall be given
at such time and in such manner as shall be prescribed by ordinance
or, in the absence of ordinance provision, by rules of the ZHB. 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.
(b)
The Board of Supervisors may prescribe reasonable fees with
respect to hearings before the ZHB. Fees for said hearings may include
compensation for the secretary and members of the ZHB, notice and
advertising costs and necessary administrative overhead connected
with the hearing. The costs, however, shall not include legal expenses
of the ZHB, expenses for engineering, architectural, or other technical
consultants or expert witness costs.
(c)
The first hearing before the ZHB or hearing officer shall be
commenced within 60 days from the date of receipt of the applicant's
application, unless the applicant has agreed in writing to an extension
of time. Each subsequent hearing before the ZHB or hearing officer
shall be held within 45 days of the prior hearing, unless otherwise
agreed to by the applicant in writing or on the record. An applicant
shall complete the presentation of his case-in-chief within 100 days
of the first hearing. Upon the request of the applicant, the ZHB or
hearing officer shall assure that the applicant receives at least
seven hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing held after the completion of the applicant's case-in-chief.
An applicant may, upon request, be granted additional hearings to
complete their case-in-chief provided the persons opposed to the application
are granted an equal number of additional hearings. Persons opposed
to the application may, upon the written consent or consent on the
record by the applicant and Township, be granted additional hearings
to complete their opposition to the application provided the applicant
is granted an equal number of additional hearings for rebuttal.
(d)
The hearings shall be conducted by the ZHB or the ZHB may appoint
any member or an independent attorney as a hearing officer. The decision,
or, where no decision is called for, the findings shall be made by
the ZHB; however, the appellant or the applicant, as the case may
be, in addition to the Township, may, prior to the decision of the
hearing, waive decision or findings by the ZHB and accept the decision
or findings of the hearing officer as final.
(e)
The parties to the hearing shall be the Township, any person
affected by the application who has made timely appearance of record
before the ZHB, and any other person including civic or community
organizations permitted to appear by the ZHB. The board shall have
power to require that all persons who wish to be considered parties
enter appearances in writing on forms provided by the ZHB for that
purpose.
(f)
The Chairman or Acting Chairman of the ZHB or the hearing officer
presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
(g)
The parties shall have the right to be represented by counsel
and shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(h)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(i)
The ZHB or the hearing officer, as the case may be, shall keep
a stenographic record of the proceedings. The appearance fee for a
stenographer shall be shared equally by the applicant and the ZHB.
The cost of the original transcript shall be paid by the ZHB if the
transcript is ordered by the ZHB or hearing officer or shall be paid
by the person appealing from the decision of the ZHB if such appeal
is made, and in either event the cost of additional copies shall be
paid by the person requesting such copy or copies. In other cases,
the party requesting the original transcript shall bear the cost thereof.
(j)
The ZHB or the hearing officer shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed and shall not inspect the site or its surroundings
after the commencement of hearings with any party or their representative
unless all parties are given an opportunity to be present.
(k)
The ZHB or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the ZHB or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this chapter or of any ordinance, rule, or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the ZHB shall make their report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the ZHB prior to final decision or entry of findings, and the ZHB's decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under Section 916.1 of the MPC where the ZHB fails to render the decision within the period required by this section or fails to commence, conduct, or complete the required hearing as provided in Subsection E(1)(c) above, 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 ZHB to meet or render a decision as hereinabove, provided, the ZHB shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection A of this section, above. If the ZHB shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(l)
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 no later than the day following its date. To all
other persons who have filed their name and address with the ZHB no
later than the last day of the hearing, the ZHB shall provide by mail
or otherwise, brief notice of the decision or findings and a statement
of the place at which the full decision or findings may be examined.
F.
Mediation option.
(1)
Parties to proceedings authorized in Article IX and Article X-A of
the MPC may utilize mediation as an aid in completing such proceedings.
In proceedings before the ZHB, in no case shall the ZHB initiate mediation
or participate as a mediating party. Mediation shall supplement, not
replace, those procedures in Article IX and Article X-A of the MPC
once they have been formally initiated. Nothing in this Section 908.1
of the MPC shall be interpreted as expanding or limiting municipal
police powers or as modifying any principles of substantive law.
(2)
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. Any municipality offering
the mediation option shall assure that, in each case, the mediating
parties, assisted by the mediator as appropriate, develop terms and
conditions for:
(a)
Funding mediation.
(b)
Selecting a mediator who, at a minimum, shall have a working
knowledge of municipal zoning and subdivision procedures and demonstrated
skills in mediation.
(c)
Completing mediation, including time limits for such completion.
(d)
Suspending time limits otherwise authorized in this chapter,
provided there is written consent by the mediating parties, and by
an applicant or municipal decision making body if either is not a
party to the mediation.
(e)
Identifying all parties and affording them the opportunity to
participate.
(f)
Subject to legal restraints, determining whether some or all
of the mediation sessions shall be open or closed to the public.
(g)
Assuring that mediated solutions are in writing and signed by
the parties, and become subject to review and approval by the appropriate
decision making body pursuant to the authorized procedures set forth
in the other sections of this chapter.
(3)
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
G.
Jurisdiction.
(1)
The ZHB shall have exclusive jurisdiction to hear and render final
adjudications in the following matters:
(a)
Substantive challenges to the validity of any Township land
use ordinance, except those brought before the Board of Supervisors
pursuant to Sections 609.1 and 916.1 of the MPC.
(b)
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 therefore, the issuance of any cease and
desist order or the registration or refusal to register any nonconforming
use, structure or lot.
(c)
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.
(d)
Applications for variances from the terms of this chapter pursuant
to Article 910.2 of the MPC.
(e)
Applications for special exceptions under this chapter pursuant
to Article 912.1 of the MPC.
(f)
Appeals from the Zoning Officer's determination under Article
916.2 of the MPC.
(g)
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.
(h)
The Board of Supervisors or, except as to Subsection G(1)(j), (k) and (l) below, the Planning Commission, if designated, shall have exclusive jurisdiction to hear and render final adjudications in the following matters: All applications pursuant to Section 508 of the MPC for approval of subdivisions or land developments under Article V of the MPC. Any provision in a subdivision and land development ordinance requiring that final action concerning subdivision and land development applications be taken by a planning agency rather than the governing body shall vest exclusive jurisdiction in the planning agency in lieu of the Board of Supervisors for purposes of the provisions of this subsection. Applications for conditional use under the express provisions of this chapter pursuant to Section 603(c)(2) of the MPC.
(i)
Applications for curative amendment to a zoning ordinance pursuant
to Sections 609.1 and 916.1(a)(2) of the MPC.
(j)
All petitions for amendments to land use ordinances, pursuant
to the procedures set forth in Section 609 MPC. Any action on such
petitions shall be deemed legislative acts, provided that nothing
contained in this clause shall be deemed to enlarge or diminish existing
law with reference to appeals to court.
(k)
Appeals from the determination of the Zoning Officer or the municipal engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to application 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 of the MPC application, the appeal from such determination of the Zoning Officer or the municipal engineer shall be to the ZHB pursuant to Subsection (a)(9) of the MPC. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the planning agency, all appeals from determinations under this subsection shall be to the planning agency and all appeals from the decision of the planning agency shall be to court.
(l)
Applications for a special encroachment permit pursuant to Section
405 of the MPC and applications for a permit pursuant to Section 406
of the MPC.
H.
ZHB functions; variances.
(1)
The ZHB shall hear requests for variances where it is alleged that
the provisions of the zoning ordinance 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:
(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 the zoning ordinance in the neighborhood
or district in which the property is located.
(b)
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of the zoning ordinance and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
(c)
That such unnecessary hardship has not been created by the appellant.
(d)
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located, nor substantially or permanently impair the appropriate use
or development of adjacent property, nor be detrimental to the public
welfare.
(e)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulation in issue.
(2)
In granting any variance, the board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of this act and this chapter.
I.
Parties appellant before the ZHB. Appeals under Section 909.1(a)(1),
(2), (3), (4), (7), (8) and (9) of the MPC may be filed with the ZHB
in writing by the landowner affected, any officer or agency of the
Township, or any person aggrieved. Requests for a variance under Section
910.2 of the MPC may be filed with the ZHB 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 ZHB shall be the following:
(1)
No person shall be allowed to file any proceeding with the ZHB 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
he had no notice, knowledge, or reason to believe that such approval
had been given. If such person has succeeded to this chapter interest
after such approval he shall be bound by the knowledge of this chapter
predecessor in interest. 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.
(2)
All appeals from determinations adverse to the landowners shall be
filed by the landowner within 30 days after notice of the determination
is issued.
K.
Stay of proceedings.
(1)
Upon filing of any proceeding referred to in Section 913.3 of the
MPC and during its pendency before the ZHB, 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 ZHB 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 ZHB 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 ZHB by persons
other than the applicant, the applicant may petition the court having
jurisdiction of zoning appeals to order such persons to post bond
as a condition to continuing the proceedings before the ZHB.
(2)
After the petition is presented, the court shall hold a hearing to
determine if the filing of the appeal is frivolous. At the hearing,
evidence may be presented on the merits of the case. It shall be the
burden of the applicant for a bond to prove the appeal is frivolous.
After consideration of all evidence presented, if the court determines
that the appeal is frivolous, it shall grant the petition for a bond.
The right to petition the court to order the appellants to post bond
may be waived by the appellee, but such waiver may be revoked by him
if an appeal is taken from a final decision of the court.
(3)
The question whether or not such petition should be granted and the
amount of the bond shall be within the sound discretion of the court.
An order denying a petition for bond shall be interlocutory. An order
directing the responding party to post a bond shall be interlocutory.
(4)
If an appeal is taken by a respondent to the petition for a bond
from an order of the court dismissing a zoning appeal for refusal
to post a bond and the appellate court sustains the order of the court
below to post a bond, the respondent to the petition for a bond, upon
motion of the petitioner and after hearing in the court having jurisdiction
of zoning appeals, shall be liable for all reasonable costs, expenses
and attorney fees incurred by the petitioner.
A.
The Zoning Officer, who shall not hold any elected office in the
Township, shall be appointed by the Board of Supervisors. The Zoning
Officer shall meet qualifications established by the Board of Supervisors
and shall be able to demonstrate to the satisfaction of the Board
of Supervisors a working knowledge of municipal zoning. The Zoning
Officer shall be synonymous with the Director of Code Administration
and Land Development, Township Planner, and Code Enforcement Officer.
B.
Administrative responsibilities.
(1)
The appointed Zoning Officer of the Township, and in such capacity,
shall administer this chapter and amendments hereto, in accordance
with its literal terms.
(2)
The Zoning Officer shall ensure compliance with, and issuance of
all permits required by this chapter.
(3)
The Zoning Officer may institute civil enforcement proceedings as
a means of enforcement when acting within the scope of this chapter
employment by the Township.
(4)
The Zoning Officer shall maintain files of all applications for all
permits required by this chapter along with plans submitted therewith
as well as final certificates and permits.
(5)
The Zoning Officer shall 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.
C.
Appeals from the Zoning Officer's actions. Any appeals from
a decision or other action of the Zoning Officer may be made to the
ZHB in accordance with law.
D.
Enforcement notification.
(1)
Whenever the Zoning Officer 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 subsection.
(2)
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.
(3)
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 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.
(e)
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.
(f)
A statement indicating that the recipient of the notice has
the right to appeal to the ZHB within a prescribed period of time,
in accordance with procedures set forth elsewhere in this chapter.
(g)
A statement indicating that failure to comply with the notice
within the time specified, unless extended by appeal to the ZHB, constitutes
a violation, with possible sanctions clearly described.
(4)
In any appeal of an enforcement notice to the ZHB, the Township shall
have the responsibility of presenting its evidence first.
(5)
Any filing fees paid by a party to appeal an enforcement notice to
the ZHB shall be returned to the appealing party by the Township if
the ZHB, or any court in a subsequent appeal, rules in the appealing
party's favor.
(6)
Causes of action. In case any building, structure, landscaping, or
land 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 this
chapter 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, 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.
(7)
Supplementary provisions. No building 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 applicable public
utility authorities. Additionally, no such permit shall be issued
where a charge for drinking water, wastewater, and stormwater use,
real estate taxes, or other Township charges associated with the use
or ownership of the property have not been paid and are past due.
A.
An appeal or application for a building permit application, zoning
amendment, or zoning variance from the terms of this chapter shall
be filed with the Zoning Officer and shall contain the following information:
(1)
The name, address, and contact information of the applicant.
(2)
The name, address, and contact information of the owner of the real
estate to be affected by such proposal.
(3)
A brief description and location of the real estate to be affected
by such proposal, including the property identification number.
(4)
A statement of the present zoning classification of the real estate
in question, the improvements thereon, and the present use.
(5)
A statement of the section 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.
(6)
An accurate description of the present improvements and the additions
intended to be made under this chapter application, indicating the
size and use of such proposed improvements and general construction
thereof. In addition, there shall be attached a plot plan of the real
estate to be affected, as required to accompany applications for permits
as outlined in this article.
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 and establishments in the
Township will be directly affected by such change, and in what way
they will 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 is envisaged by the Township 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.
(c)
Referral to county planning agency. The Board of Supervisors
shall at least 30 days prior to the public hearing, refer the proposed
amendment to Allegheny County Economic Development for recommendations.
(d)
If, after any public hearing held upon an amendment, the proposed
amendment is changed substantially, or is revised, to include land
previously not affected by it, the Board of Supervisors shall hold
another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
(e)
Within 30 days after enactment, a copy of the amendment to this
chapter shall be forwarded to Allegheny County Economic Development.
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 he
has an interest may submit a curative amendment to the Board of Supervisors
with a written request that this chapter challenge and proposed amendment
be heard and decided as provided in Article 916.1 of the MPC. The
curative amendment and challenge shall be referred to the Planning
Commission, and Allegheny County Economic Development provided in
MPC Section 609 and notice of the hearing thereon shall be given as
provided in Sections 610 and 916.1 of the MPC.
(2)
The hearing shall be conducted in accordance with Section 908 of
the MPC and all references therein to the ZHB 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.
(3)
If the Board of Supervisors 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 will
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 soil and 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 hereof,
is substantially invalid, it shall take the following actions:
(a)
The Township shall declare by formal action, this chapter or
portions hereof 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, in order to cure the declared invalidity of this chapter.
(3)
Upon the initiation of the procedures, as set forth in this chapter,
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, nor shall the ZHB be required to give a report requested
under Section 909.1 or 916.1 of the MPC subsequent to the declaration
and proposal based upon the grounds identical to or substantially
similar to those specified in the resolution required by this section.
Upon completion of the procedures as set forth in the MPC, 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 chapter for which there has been a curative amendment
pursuant to this chapter.
(4)
The Township, having utilized the procedures set forth in this section,
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, 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.
A.
Authority. The Township Zoning Officer shall have the authority to
issue building permits in accordance with the provisions of this chapter.
B.
Purpose. The building permit provides a procedure for ensuring compliance
with this chapter and a means for evidencing such compliance. Further,
it serves as an adjunct to, and thus must be obtained prior to or
with, all applications filed pursuant to this chapter with respect
to a specific use or development proposal.
C.
Standards.
(1)
No person shall erect, reconstruct, or structurally alter a structure
or fence in any zoning district unless there has been duly issued
to such person a building permit by the Zoning Officer.
(2)
No permit shall be required for the erection or structural alteration
of a fence not exceeding six feet in height.
D.
Procedure.
(1)
Applications for building permits shall be filed with the Zoning Officer, and a duplicate shall be filed with the Township Manager. The application shall include plans and other information sufficient to establish compliance with this chapter and the PA UCC, as adopted and incorporated by reference under Chapter 46 of the Township Code.
(2)
No building permits shall be issued pursuant to this chapter until the stormwater management plan and all other required plans for the property or lot have been submitted and approved in accordance with the applicable provisions of this chapter and Chapter 78 of the Township Code. Further, the Township shall not issue the permit until any required floodplain, dam safety or obstructions, erosion/sedimentation approval/permits, permits from the DEP, PennDOT, or other required permits have been received from the applicable local, county, or state agencies. Copies of the approval/permit must be filed with the Township.
(3)
Any sewerage plans, sewage systems, and treatment facilities, other
than conveyance to an approved authority, or an individual on-lot
system approved by the Allegheny County Health Department shall be
approved by the appropriate sanitary authority before a building or
sewage permit is issued.
(4)
All applications for building permits shall be accompanied by a plat
in triplicate drawn to scale, showing the actual dimensions of the
lot to be built upon, the size of the building to be erected and such
other information as may be necessary. A file of such applications
and plats shall be maintained by the Zoning Officer.
A.
Authority. No building hereafter erected, reconstructed, or structurally altered shall be used or changed in use and no owner, tenant, or person shall begin to use an existing building until a certificate of occupancy and compliance shall have been issued by the Zoning Officer stating that the building or the proposed use of the same complies with the provisions of this chapter and any of its amendments and the PA UCC, as adopted and incorporated by reference under Chapter 46 of the Township Code.
B.
Purpose. The certificate of occupancy and compliance provides a procedure
for reviewing plans for compliance with this chapter and a means for
evidencing such compliance. Further, it serves as an adjunct to, and
thus must be filed prior to or with, all applications filed pursuant
to this chapter with respect to a specific use or development proposal.
C.
Certificate issued in conflict is void. Any certificate issued in
conflict with the provisions of this chapter shall be null and void.
D.
Standards.
(1)
Certificates of occupancy and compliance, either for the whole or a part of a building, may be applied for coincident with the application for a building permit or after completion of construction and may be issued after the erection or structural alteration of such building or part shall have been completed in conformity with the provisions of this chapter and the PA UCC, as adopted and incorporated by reference under Chapter 46 of the Township Code.
(2)
A record of all certificates shall be maintained by the Zoning Officer,
and copies shall be furnished on request to any person who has a proprietary
or possessory interest in the building affected.
E.
Procedures.
(1)
All applications for certificate of occupancy and compliance shall
be made on printed forms to be furnished by the Zoning Officer and
shall contain accurate information as may be required by the Zoning
Officer to provide for the enforcement of this chapter.
(2)
Application for a certificate of occupancy shall be filed with the
Zoning Officer, and a duplicate copy shall be filed with the Township
Manager.
F.
Temporary certificate of occupancy and compliance.
(1)
The Zoning Officer may issue a temporary certificate of occupancy
and compliance which may permit the use or occupancy of a building
or structure during structural alteration thereof or may permit the
partial use or occupancy of a building or structure during its construction
or erection.
(2)
Such a temporary certificate of occupancy and compliance shall be
valid only for a period not exceeding six months from its issuance
and shall be subject to such restrictions and provisions as may be
deemed necessary by the Zoning Officer to adequately ensure the safety
of persons using or occupying the building, structure, or land involved.
(3)
Application for such a temporary certificate of occupancy and compliance
shall be made in the same manner as for a certificate of occupancy
and compliance, and the application for or issuance of such a temporary
certificate of occupancy and compliance shall in no way affect the
obligation to apply for and obtain a certificate of occupancy and
compliance nor in any way alter the rights, duties, and obligations
of the Township or the owners and users of buildings, structures or
land within the Township with regard to the matters governed by this
chapter except as expressly set forth in this section.
A.
Authority. In certain portions of this chapter, certain specified
conditional uses may be authorized if first approved by the Board
of Supervisors. Conditional uses may be allowed or denied by the Board
of Supervisors after recommendation by the Planning Commission and
following a public hearing.
B.
Purpose. Conditional uses are those uses having some special impact
or uniqueness which requires a careful review of their location, design,
configuration, and special impact to determine, against fixed standards,
the desirability of permitting their establishment on any given site.
They are uses that may or may not be appropriate in a particular location
depending on the applicant's ability to assure compliance with
the Township Code and regulations.
C.
Standards.
(1)
Where this chapter has stated conditional uses to be granted or denied
by the Board of Supervisors pursuant to express standards and criteria,
the Board of Supervisors shall hold hearings on and decide requests
for such conditional uses in accordance with such standards and criteria.
In granting a conditional use, the Board of Supervisors may attach
such reasonable conditions and safeguards, in addition to those expressed
in the chapter, as it may deem necessary to implement the purpose
of this act and this chapter.
(2)
A conditional use shall be approved if and only if it is found to meet the following general criteria and specific criteria for each conditional use listed in Article V of this chapter and requirements found elsewhere in this chapter.
(a)
The proposed use shall conform to the zoning district and conditional
use provisions and all general regulations of this chapter.
(b)
The proposed use shall meet all special standards that may be
applied to its class of conditional use as set forth in this chapter.
(c)
The proposed use shall not involve any element or cause any
condition that may be dangerous, injurious, or noxious to any other
property or persons and shall comply with all requirements of this
chapter.
(d)
The proposed use shall be sited, oriented, and landscaped so
that the relationship of its building and grounds to adjacent buildings
and properties does not impair health, safety, or welfare and does
not adversely affect values of adjacent property.
(e)
The proposed use shall produce a total environmental effect
that is consistent with, and not harmful to, the environment of the
neighborhood.
(f)
The proposed use shall organize vehicular access and parking
to minimize conflicting traffic movement on adjacent streets.
(g)
The proposed use shall promote the objectives of this chapter
and shall be consistent with the Township Comprehensive Plan.
(h)
Community uses, when located in or adjacent to a residential
zoning district, shall provide proper separation and protection for
abutting residential property.
(i)
Public buildings and uses, when located in or adjacent to a
residential zoning district, shall provide proper separation and protection
for abutting residential properties.
(3)
Buildings and structures may be conditionally allowed to exceed 45
feet in height in the C-1 and C-2 Zoning Districts, as a conditional
use, which may be granted by the Board of Supervisors on the basis
of the following standards and criteria:
(a)
The Board of Supervisors may refer the proposed development
plan to a competent fire-control authority, who need not be an employee
of the Township or a member or official of the Wexford Volunteer Fire
Company and request a report within 30 days as to the adequacy of
fire protection for the proposed structure.
(b)
The Board of Supervisors, after review of the report from said
fire-control authority, shall have determined that adequate fire protection
from presently available fire equipment is afforded to the structure.
(c)
All required setbacks shall be increased by two feet for every
one-foot increase in height above 45 feet.
(d)
The proposed structure shall not be located closer than 150
feet to any other structure.
(e)
The proposed structure will not adversely affect the light,
air, or view of any adjoining property.
(f)
The structure complies with all other Township ordinances.
D.
Procedure.
(1)
Application submittal. Applicants shall submit to the Township, for review by the Planning Commission and Board of Supervisors, plans and specifications meeting the requirements set forth in Chapter 78 of the Township Code outlining the requirements for land developments.
(2)
Requirement for public hearing. No conditional use shall be approved
except pursuant to public notice and hearing held on the application
for any such use by the Board of Supervisors. All public hearings
shall be held in accordance with the requirements of the MPC.
(3)
Other requirements.
(a)
The applicant shall provide photographs of the present site
and the surrounding contiguous area to a depth of 200 feet.
(b)
Schematic floor plans and elevations (not to be considered to
require working drawings or construction drawings) shall be provided.
The schematic elevations shall identify the proposed materials on
the exterior of the proposed buildings and other structures.
(c)
The applicant may furnish testimony concerning features and
effects of the proposed use upon the adjacent properties and the surrounding
neighborhood.
(d)
In order to demonstrate whether a proposed use will conform
to the requirements of this chapter, the Board of Supervisors may
require a qualified consultant to testify, whose cost for services
shall be borne by the applicant.
(4)
Approval.
(a)
In granting its approval for a specific conditional use, the
Board of Supervisors may impose such reasonable conditions and safeguards,
in addition to those otherwise specified in this chapter or incorporated
herein by reference, as it may deem necessary to implement this chapter.
(b)
The Board of Supervisors may require that such conditions and
safeguards be incorporated in a plan of lots or other appropriate
recordable form and filed at the Allegheny County Department of Real
Estate.
(c)
Each situation shall be deemed to be separate and individual,
and the disposition made by the Board of Supervisors shall apply only
to the case in point and shall in no way be construed to establish
precedent.
E.
Revocation of approval.
(1)
Approval by the Board of Supervisors of a conditional use referred
to in this section shall be void in the event a building permit is
not applied for within 12 months and construction is not started within
18 months.
(2)
An extension of up to six months may be granted by the Zoning Officer
in the event the applicant has shown good cause for the delay.
A.
The Board of Supervisors shall determine a schedule of fees, charges,
and expenses, as well as a collection procedure for permits, variances,
conditional uses, amendments, and other matters pertaining to this
chapter.
B.
The Board of Supervisors shall be empowered to reevaluate the fee
schedule from time to time to make necessary alterations to it. The
Board of Supervisors may increase the amount of any filing fee, by
resolution, based upon actual cost and expense to the Township. Such
alterations shall not be considered an amendment to this chapter and
may be adopted at any public meeting by resolution.
A.
If it appears to the Township that a violation of this Zoning Ordinance
enacted under this section or Section 616.1 of the MPC or prior enabling
laws has occurred, the Township shall initiate enforcement proceedings
by sending an enforcement notice as provided in this section.
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 must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the ZHB
within a prescribed period of time in accordance with procedures set
forth in this chapter.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the ZHB, constitutes a violation, with
possible sanctions clearly described.
D.
In any appeal of an enforcement notice to the ZHB 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 ZHB shall be returned to the appealing party by the Township if
the ZHB, or any court in a subsequent appeal, rules in the appealing
party's favor.
A.
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 this chapter enacted under the MPC or prior
enabling laws, the Board of Supervisors or, with the approval of the
Board of Supervisors, the Zoning Officer, or any aggrieved owner or
tenant of real property who shows that the 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. No such action may be maintained until such
notice has been given.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter enacted
under the MPC or prior enabling laws shall, upon being found liable
therefor in a civil enforcement proceeding commenced by the Township,
pay a judgment of no more than $500 plus all court costs, including
reasonable attorney fees incurred by the Township as a result thereof.
No judgment shall commence or be imposed, levied, or payable until
the date of the determination of a violation by the 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 chapter shall be
paid over to the Township.
B.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section and Section 617.2 of the MPC shall
be construed or interpreted to grant to any person or entity other
than the Township the right to commence any action for enforcement
pursuant to this section.
A.
The Zoning Officer shall adhere to unsafe building, structure, and
equipment regulations as outlined in the PA UCC.
