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:
A. 
Applications for conditional use under the express provisions as specified under § 208-804 of this chapter.
B. 
Applications for a curative amendment as specified under § 208-806 of this chapter and pursuant to Sections 609.1 and 916.1(a) of the Municipal Planning Code (MPC).[1]
[1]
Editor's Note: See 53 P.S. § 10609.1 and § 10916.1(a).
C. 
All petitions for zoning text and map amendments of this chapter as specified under § 208-806 of this chapter and pursuant to the procedures set forth in Section 609 of the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10609.
D. 
Appeals from the determination of the Zoning Officer or the municipal engineer in the administration of any Township 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.[3] 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 municipal engineer shall be to the ZHB pursuant to § 208-801.
[3]
Editor's Note: See 53 P.S. §§ 10501 to 10516.
E. 
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. The membership of the Zoning Hearing Board shall consist of three members appointed by the Board of Supervisors by resolution. Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Board Chairman shall promptly notify Board of Supervisors when vacancies occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other elected or appointed office in the Township, nor shall any member be an employee of the Township.
B. 
Alternate members.
1. 
Appointment of alternate members. The Board of Supervisors may appoint 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. When seated pursuant to the provisions of this subsection an alternate shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board to the same and full extent as provided by law for Zoning Hearing Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the power 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, nor shall any alternate be an employee of the Township. Any alternate may participate in any proceedings or discussion of the Board but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member pursuant to this subsection. Designation of an alternate pursuant to this subsection shall be made by the Chairman of the Zoning Hearing Board on a case-by-case basis in rotation according to declining seniority among all alternates.
C. 
Participation by alternate members. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Zoning Hearing Board shall designate as many alternate members of the Board to sit on the Zoning Hearing Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Zoning Hearing Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Zoning Hearing Board has made a final determination of the matter or case.
D. 
Removal of members. Any Zoning Hearing Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by 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 public hearing shall be held in connection with the vote if the member shall request it in writing.
E. 
Organization of the Zoning Hearing Board.
1. 
The Zoning Hearing Board shall elect its officers from its own membership, 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 fewer than two members, but the Zoning Hearing Board may appoint a hearing officer from its own membership to conduct any hearings on its behalf. In such a case, the parties may, prior to the decision, waive a decision by the Zoning Hearing Board and accept the decision of the hearing officer as provided in the MPC,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
F. 
The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent with the ordinances of the Township and the laws of the Commonwealth. The Zoning Hearing Board 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.
G. 
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 and alternates to the Zoning Hearing Board, when designated pursuant to this subsection, 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.
H. 
Conduct of public hearings. A public hearing shall commence within 60 days of the filing of an administratively complete application. Public notice, as defined herein, of the public hearing, shall be advertised and posted as required by the MPC, and in addition thereto the Zoning Hearing Board shall post at least one copy of the notice on the affected property. Public hearings shall be conducted in accordance with the applicable provisions of the MPC.
I. 
Zoning Hearing Board decisions.
1. 
The Zoning Hearing Board or the hearing officer, as defined by the MPC shall render a decision or, when no decision is called for, make written findings on the application in accordance with the requirements of the MPC and within 45 days after the last hearing before the Zoning Hearing Board. 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 any other land use ordinance, rule or regulation or any provision of the MPC shall contain a reference to the provisions 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 the hearing officer's decision or findings are final, the Zoning Hearing Board shall make the hearing officer's report and recommendations available to the parties within 45 days, the parties shall be entitled to make written representations thereon 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 days after the report of the hearing officer.
2. 
A copy of the final decision or, when no decision is called for, of the findings, shall be delivered Personally or mailed to the applicant no later than the day following its date.
J. 
Jurisdiction of the Zoning Hearing Board. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications on the following matters:
1. 
Substantive challenges to the validity of this chapter or Chapter 174, Subdivision and Land Development, except those challenges brought before the Board of Supervisors pursuant to §§ 609.1 and 916.1(a)(2) of the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10609.1 and § 10916.1(a)(2).
2. 
Challenges to the validity of this chapter or Chapter 174, Subdivision and Land Development, raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken in the time and manner provided under applicable law.
3. 
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 enforcement notice or the registration or refusal to register any nonconforming use, structure or lot.
4. 
Appeals from the Zoning Officer's preliminary determination under Section 916.2 of the MPC.[3]
[3]
Editor's Note: See 53 P.S. § 10916.2.
5. 
Applications for variances from the terms of this chapter.
6. 
Appeals from the determination of the Zoning Officer or Township Engineer in the administration of this chapter or any provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same rate to relate to development not involving applications under Chapter 174, Subdivision and Land Development.
7. 
Appeals from the determination of the Zoning Officer with reference to the administration of floodplain provisions of Chapter 83, Floodplain Management, of this Code.
K. 
Variances.
1. 
Application. The Board shall hear requests for variances where it is alleged that the strict application of the provisions of this chapter inflict unnecessary hardship upon the applicant. Application for a variance shall be made in writing on the prescribed form obtained from the Zoning Officer. The Zoning Officer shall forward the application to the Board, which shall determine the time and place of the hearing.
2. 
Standards for variances. The Board may grant a variance, provided that all the following findings are made where relevant in a given case:
(a) 
That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district 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 authorization of a variance is therefore necessary to enable the reasonable use of property.
(c) 
That such unnecessary hardship had not been created by the applicant.
(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 which will afford relief and represent the least modification possible of the regulation in issue.
3. 
Review by Planning Commission. The Zoning Hearing Board may request the review and comments of the Planning Commission on any variance application, which shall be made part of the public record.
4. 
Conditions. 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 chapter and the MPC.
5. 
Expiration. The grant of a variance shall expire one year after the date of the Zoning Hearing Board's written decision unless a) the applicant has applied for and obtained a building permit and commenced construction, or b) the applicant has applied for and obtained a grading permit and commenced grading, or c) in the case where the variance does not require the issuance of a building permit, the applicant has applied for and obtained an occupancy permit and has commenced the use which is the subject of the variance.
L. 
Parties appellant before the Board. Appeals may be filed with the Board in writing by the landowner affected, by any officer or agent of the Township or any person aggrieved. Requests for a variance under this section may be filed with the Zoning Hearing Board only by a landowner or any tenant with the permission of such landowner.
M. 
Time limitation.
1. 
No person shall be allowed to file any proceeding with the Zoning Hearing Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate Township officer, agency or body, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he or she had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he or she shall be bound by the knowledge of his predecessor interest.
2. 
Any appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued, except appeals of the Zoning Officer's issuance of an enforcement notice, which shall be filed within 10 days after receipt of the enforcement notice.
N. 
Stay of proceedings.
1. 
Upon filing of any proceeding referred to in § 208-801 and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or 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 the Allegheny County Court of Common Pleas, on petition, after notice to the Zoning Officer or other appropriate agency or body.
2. 
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 Allegheny County Court of Common Pleas to order such persons to post a bond as a condition to continuing the proceedings before the Zoning Hearing Board, pursuant to provisions of the MPC.
A. 
Appointment. The Zoning Officer shall be appointed by the Board of Supervisors and shall administer and enforce this chapter.
B. 
Duties of the Zoning Officer. In order to administer and enforce properly this chapter, the Zoning Officer shall:
1. 
Administer and enforce provisions of this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.
2. 
Receive all applications for zoning use and zoning occupancy permits and maintain records thereof.
3. 
Receive, file and forward to the Board of Supervisors all applications for conditional uses and maintain records thereof.
4. 
Issue zoning use and zoning occupancy permits for all applications that have been reviewed and approved according to the provisions of this chapter and other applicable ordinances.
5. 
Receive, review and issue permits for: a) applications for zoning use and zoning occupancy permits that do not require conditional use approval; and b) applications for fences, accessory uses, signs and temporary uses.
6. 
Receive, file and forward to the Zoning Hearing Board the records in all appeals and all applications for variances and maintain records thereof.
7. 
Inspect buildings, structures, and uses of land to determine compliance with the provisions of this chapter.
8. 
Issue enforcement notices for violation of any provision of this chapter 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 of the parcel. The enforcement notice shall be delivered Personally or by certified mail.
9. 
Initiate civil enforcement proceedings for failure to comply with enforcement notices unless the Board of Supervisors, after receipt of the enforcement notice, directs to the contrary by motion or resolution.
10. 
Initiate, with approval or at direction of the Board of Supervisors, appropriate equitable enforcement action to prevent, restrain, abate or correct any violation of this chapter.
11. 
Revoke any order or zoning use or use and certificate of occupancy permit issued under a mistake of fact or contrary to the provisions of this chapter.
12. 
The Zoning Officer may make and maintain accurate and current records of all legal nonconformities under this chapter.
A. 
General.
1. 
No use of land shall be made or any building or structure constructed, altered, remodeled, sold, leased, occupied or used, nor any existing use of a building, structure of land be changed until a zoning permit and a use and certificate of occupancy permit have been issued by the Zoning Officer.
2. 
The improvements of land preliminary to any use of such land shall not be commenced prior to the issuance of the zoning permit.
3. 
Any permit issued in conflict with the provisions of this chapter shall be null and void.
B. 
Permit application and issuance procedure.
1. 
Whenever the proposed activity, whether new construction or alternation of an existing use, requires a building permit under Chapter 52, building construction, the applications for the zoning permit and use and certificate of occupancy permit shall be made prior to or simultaneously with the application for the building permit. However, the building permit shall not be issued until the zoning permit has been granted.
2. 
When no building permit is required, the application for the zoning permit and use and certificate of occupancy permit may be made at any time prior to the use or occupancy of the structure or land.
3. 
Permit applications shall be submitted in writing on such forms as established by the Township. The Zoning Officer may request any information necessary to determine the application's compliance with this chapter. The applicant shall include four copies of the following information:
(a) 
A statement as to the proposed use of the building or land.
(b) 
A site layout drawn to scale showing the location, dimensions and height of proposed building, structures, or uses and any existing buildings in relation to property and street lines. If the application relates to property scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
(c) 
The location, dimensions and arrangements of all open spaces, yards and buffer planting strips, including methods to be employed for screening.
(d) 
The location, size, arrangement, and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading, and provisions to be made for lighting such areas.
(e) 
The dimensions, location, and methods of illumination for signs, if applicable.
(f) 
The location and dimensions of sidewalks and all other areas to be devoted pedestrian use.
(g) 
Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage.
(h) 
The capacity and arrangement of all building used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land.
(i) 
A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.
(j) 
Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
(k) 
Any other data deemed necessary by the Zoning Officer, Planning Commission or Board of Supervisors to enable them to determine the compliance of the proposed development with the terms of this chapter.
(l) 
The permit application requirements of this subsection may be waived where the same are deemed unnecessary for evaluation of the application by the Zoning Officer.
4. 
The Zoning Officer shall not issue the zoning permit or use and certificate of occupancy permit unless the property complies with Chapter 52, Building Construction Code, Chapter 152, Property Maintenance Code, Chapter 174, Subdivision and Land Development, and all other applicable Township, County, state and federal laws, ordinances and regulations, and until all other required approvals and permits have been obtained from applicable Township, County, state and federal agencies, including, but not limited to a PennDOT highway occupancy permit. The applicant shall submit copies of all such required approvals and permits to the Zoning Officer.
5. 
Where approvals are not required by other Township agencies or governmental entities, the Zoning Officer shall review and approve or disapprove the application. However, the Zoning Officer may seek the advice and recommendations of the Planning Commission on any application.
6. 
An application for a zoning permit does not permit occupancy. A use and certificate of occupancy permit is also required. Under certain circumstances, application for any approval of a zoning permit and use and certificate of occupancy permit may be combined.
7. 
Upon completion of the work, the applicant shall notify the Zoning Officer who shall examine the building, structure or use of land involved. If the Zoning Officer shall find that such construction, erection, structural alteration or use of building and land has been completed in accordance with the provision of this chapter and other applicable ordinances, the use and certificate of occupancy permit shall be issued.
8. 
As a condition to the issuance of any zoning permit or zoning occupancy permit, a landowner shall permit the Zoning Officer to inspect both the exterior and interior of the property, as deemed necessary by the Zoning Officer. Any failure or refusal to permit such inspection shall result in denial of any application for zoning permit or zoning occupancy permit.
9. 
No permit for any use or construction which will involve the on-site disposal of sewage or waste and no permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site shall be issued until a certificate of approval has been issued by the Allegheny County Department of Health and conforms to all applicable Township regulations.
10. 
A decision either approving or disapproving an application for a zoning permit shall be rendered within 30 days after a complete application is filed. Any disapproval of the application shall contain a brief explanation setting forth the reasons for the disapproval and the manner in which the application can be corrected and/or modified to obtain the required approval.
C. 
Period of validity. A zoning permit shall become null and void within six months of the date of issuance unless the construction, alteration or remodeling of a building or structure is commenced or a use of land or building is commenced.
D. 
Temporary zoning use and zoning occupancy permits. The Zoning Officer may issue a temporary zoning permit which may allow 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; provided, however, that such a temporary permit 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 ensure the safety of persons using or occupying the building, structure or land involved.
E. 
Inspection. It shall be the duty of the Zoning Officer, or his fully appointed representative, to make the following minimum number of inspections on property for which a permit has been issued:
1. 
At the beginning of construction.
(a) 
A record shall be made indicating the time and date of the inspection and the finding of the Zoning Officer in regard to conformance of the construction with plans approved with the application for the building.
(b) 
If the actual construction does not conform to the application, a written notice of a violation may be issued by the Zoning Officer, and such violation shall be discontinued. Upon proper correction of the violation and receipt of written notice from the Zoning Officer, construction may proceed.
2. 
At the completion of construction. A record shall be made indicating the time and date of the inspection; the findings of the Zoning Officer in regard to conformance to this chapter; and the opinion of the Zoning Officer in regard to the issuance of an occupancy permit.
A. 
Review and approval.
1. 
Applicability. The Board of Supervisors shall have the power to approve conditional uses when this chapter specifically requires the obtaining of such approval and for no other use or purpose.
2. 
Application and approval procedure.
(a) 
Application procedure.
(i) 
An application for conditional use approval shall be filed with the Zoning Officer, on forms prescribed by the Township, at least 21 days prior to the date of the regular meeting of the Planning Commission, at noon. A conditional use application shall not be considered to be administratively complete until all items required by this chapter, including the application fee and/or deposit, have been received by the Township.
(ii) 
The Zoning Officer shall review the application to determine whether all materials required by this chapter have been submitted by the applicant. If all such materials have not been submitted by the applicant, then the Zoning Officer shall reject the application as administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met.
(iii) 
Within five days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to: the Township Solicitor; the Township Engineer; any Township professional consultant deemed necessary by the Township Manager.
(iv) 
The Zoning Officer shall submit one copy of an administratively complete application and any materials submitted therewith to each member of the Township Planning Commission by no later than the Friday prior to the date of the regular meeting of the Planning Commission.
(v) 
The Planning Commission shall review the application and forward its recommendation to the Township Board of Supervisors.
(vi) 
The Board of Supervisors shall hold a public hearing, pursuant to public notice, within the time periods and procedures required by the MPC. The public hearing shall commence within 60 days of the date of the filing of an administratively complete application. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC.
(vii) 
The Board of Supervisors shall render a written decision on the conditional use application within 45 days of the last hearing. Where the application is contested or denied, the Board of Supervisors decision shall be accompanied by findings of fact and conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other rule, regulation, ordinance or statute shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.
(viii) 
In granting a conditional use pursuant to this chapter, the Township Board of Supervisors may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter, Chapter 174, Subdivision and Land Development, of this Code, as amended, and all other ordinances of the Township, and as it otherwise deems necessary to implement the purposes of this chapter and the MPC.
(ix) 
A copy of the final decision or, where no decision is called for, of the findings, shall be delivered to the applicant Personally or mailed to him not later than the day following its date.
(x) 
All development, construction and use shall be in accordance with the approved conditional use decision and plan, unless a revised conditional use application is submitted, approved and filed. The approved conditional use plan shall consist of the application, as submitted, together with all of its attachments and exhibits, as finally approved by the Board of Supervisors, and the conditions attached by the Board of Supervisors. Any development contrary to the approved conditional use decision and plan shall constitute a violation of this chapter.
(b) 
Application content.
(i) 
All applications for conditional use approval shall demonstrate compliance with the: general standards and criteria of this article; the applicable express standards and criteria of this article; and the applicable lot and yard requirements of the zoning district in which the use is proposed.
(ii) 
All applications for conditional use approval shall be submitted to the Zoning Officer, in the form prescribed. The number of copies of each of the following items shall be prescribed by the Planning Director.
(1) 
Full scale copies and half-scale copies of all required plans, maps and drawings;
(2) 
Copies of all other application materials.
(iii) 
An application for conditional use approval shall not be considered administratively complete until all items required by this chapter, including the application fee and and/or deposit, have been received by the Zoning Officer.
(iv) 
All applications for conditional use approval shall contain the following:
(1) 
A development plan, as defined by this chapter;
(2) 
A legal document verifying applicant's legal interest in the subject property (i.e., deed, sales agreement, lease);
(3) 
A traffic impact study, as described in Chapter 174, Subdivision and Land Development, unless otherwise waived by the Board of Supervisors;
(4) 
The application fee and/or deposit in an amount set from time to time by resolution of the Board of Supervisors; and
(5) 
Construction plans, where renovations or modifications of an existing building is immediately contemplated, showing the scope, nature and extent of said renovation or modification.
3. 
Expiration of approval. The grant of a conditional use shall expire one year after the date of the Board of Supervisors written decision unless: 1) the applicant has applied for and obtained a building permit and commenced construction; or 2) in a case where the conditional use does not require the issuance of a building permit, the applicant has applied for and obtained an occupancy permit and has commenced the use which is the subject of the conditional use approval. Expiration of the conditional use approval under this article shall require the applicant to re-apply for conditional use approval.
4. 
General standards and criteria.
(a) 
Before approving a conditional use application, the Board of Supervisors shall determine that the proposed use complies with the following general standards and criteria, which are in addition to any other requirements in this chapter for a specific type of use or development:
(i) 
The proposed use will not alter the established character and use of the neighborhood or district in which it is located and will not substantially impair the use or development of adjacent properties.
(ii) 
The establishment, maintenance, location and operation of the proposed use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(iii) 
The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter (unless a variance to any provision has been granted by the Zoning Hearing Board) and all other applicable federal, state, County, and Township laws, statutes, ordinances and regulations, including, but not limited to: Chapter 174, Subdivision and Land Development, and Chapter 165, Stormwater Management, of the Code of the Township of Marshall, as amended.
(iv) 
The proposed use is compatible with surrounding land uses. It does not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, illumination and glare, restrictions to natural light and air circulation or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties.
(v) 
The proposed site of the conditional use is suitable in terms of topography, soil conditions and size, based on number of projected users and the frequency of use of the proposed use.
(vi) 
The proposed use and site provides for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe and efficient internal circulation and sufficient off-street parking and loading.
(vii) 
The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, stormwater management, solid and toxic waste storage and disposal.
(viii) 
The proposed use provides landscaping, screening and buffer areas sufficient to protect the use, enjoyment and development of adjacent properties.
(ix) 
The proposed use is in general conformity with the Township Comprehensive Plan.
(b) 
The Board of Supervisors shall grant a conditional use only if it finds adequate evidence presented by the applicant that the proposed conditional use is duly authorized under provisions of this chapter, that the application falls within the terms of the specific provisions allowing for conditional uses and that the proposed use complies with all other requirements of this chapter. The Board of Supervisors shall refuse an application for conditional use where opponents to the application establish by a preponderance of evidence that the application is contrary to the health, safety and morals or general welfare of the community at large. The Board of Supervisors, in granting a conditional use, may attach such reasonable conditions and safeguards other than those related to offsite transportation or road improvement, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this act and the zoning ordinance, except that conditions of approval shall not include those related to off-site transportation or road improvements pursuant to Section 603(c)(2) of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10603(c)(2).
(c) 
The Board of Supervisors shall, among other things, require that any proposed use and location be:
(i) 
In accordance with the Marshall Township Comprehensive Plan and consistent with the spirit, purposes and the intent of this chapter.
(ii) 
In the best interests of the Township, the convenience of the community and the public welfare and be a substantial improvement to the property in the immediate vicinity.
(iii) 
Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.
(iv) 
In conformance with all applicable requirements of this chapter.
The Board of Supervisors shall establish, from time to time, by resolution, fees and charges for all permits and applications required by this chapter.
A. 
Amendments of this chapter may be initiated by Board of Supervisors, by the Planning Commission, or by a petition of a landowner within the Township in accordance with the following provisions:
1. 
Petitions for amendment by landowners, other than curative amendments under this section of this chapter, shall be filed in writing with the Zoning Officer, and the petitioner, upon such filing, shall pay a filing fee and/or establish an escrow account in accordance with the schedule fixed by resolution of Board of Supervisors.
2. 
Any proposed amendment other than one proposed by the Planning Commission shall be referred to the Planning Commission for review. The Planning Commission shall review the proposed amendment and report its findings and recommendations, in writing, to the Board of Supervisors and to the petitioner.
3. 
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:
(b) 
Whether such change is consistent with the aims and principles embodied in this chapter as to the particular zoning district(s) concerned.
(c) 
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.
(d) 
The indirect implications of such change in its effect on other regulations.
(e) 
Whether such proposed amendment is consistent with the aims of the Township Comprehensive Plan.
(f) 
Concerning a proposed amendment involving a change in the Zoning Map:
(g) 
Whether the uses permitted by the proposed change would be appropriate in the area concerned.
(h) 
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.
(i) 
Whether the proposed change is in accord with any existing or proposed plans in the vicinity.
(j) 
The effect of the proposed amendment upon the growth of the Township is envisaged by the Township's Comprehensive Plan.
(k) 
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.
4. 
In the event the Planning Commission recommends approval of the proposed amendment, in whole or in part, or if a public hearing is requested by at least one member of the Board of Supervisors, a public hearing will be scheduled on the proposed amendment.
5. 
A copy of the proposed amendment will be submitted to the County Planning Agency at least 30 days prior to the public hearing in accordance with the requirement of the MPC.
6. 
If the proposed amendment involves a Zoning Map change, notice of the public hearing shall be conspicuously posted by the Township at points deemed sufficient by it along the tract to notify potentially interested citizens. The affected tract shall be posted at least one week prior to the date of the hearing.
7. 
Notice of any proposed Zoning Map change shall also be mailed by the Township at least 30 days prior to the public hearing by first class mail to the addresses to which real estate tax bills are sent for all real property proposed to be rezoned and to all property owners of parcels of land adjacent to and across the street from property to be rezoned, as evidenced by tax records within the possession of the Township. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. This subsection shall not apply to a comprehensive rezoning.
8. 
If, after any public hearing held upon an amendment, the proposed amendment is substantially revised or further revised to include land previously not affected by it, then the Board of Supervisors shall hold another public hearing pursuant to public notice before proceeding to vote on the amendment.
9. 
The Board of Supervisors shall act on a proposed amendment to this chapter within 90 days of the date of the meeting at which the public hearing on the amendment is closed. If the Board of Supervisors fails to so act within the said 90-day period, then the proposed amendment shall be deemed denied.
10. 
Within 30 days after enactment, a certified copy of the amendment to this chapter shall be forwarded to the County Planning Agency.
11. 
The proposed amendment shall also be published, advertised and made available to the public in accordance with the requirements of the MPC.
B. 
Landowner curative amendments.
1. 
Any landowner who wishes 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 or she has an interest may prepare and submit a curative amendment to the Board of Supervisors, in the form he or she proposes it be adopted, together with a written request that the challenge and proposed amendment be heard and decided in accordance with the requirements of Article 916.1 of the MPC.[1] The Board of Supervisors shall hold a public hearing, pursuant to public notice, on the matter within 60 days of receiving an administratively complete curative amendment request. Public notice of the public hearing shall be given by the Township in accordance with the requirements of the MPC. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC. The Board of Supervisors shall comply with all applicable requirements of the MPC regarding the conduct of hearings and decisions related thereto.
[1]
Editor's Note: See 53, P.S. § 10916.1.
2. 
Referral to Planning Commission and County Planning Agency. The curative amendment and challenge shall be referred to the Planning Commission and the County Planning Agency or its designee at least 45 days prior to the public hearing for review and comment.
3. 
Declaration of invalidity by the Court. If the Township does not accept a landowners curative amendment brought in accordance with this section and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
4. 
Evaluation of merits of curative amendment. If the Board of Supervisors determines that a validity challenge has merit, then the Board of Supervisors may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(a) 
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
(b) 
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or the Zoning Map.
(c) 
The suitability of the lot's soils, slopes, woodland, wetlands, floodplains, aquifers, natural resources and natural features for the intensity of the proposed uses.
(d) 
The impact of the proposed use on the lot's soils, slopes, woodland, 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 the public health, safety and welfare.
C. 
Municipal curative amendments. If the Board of Supervisors determines that this chapter or a portion thereof is substantively invalid, it may implement the procedure for municipal curative amendments provided in § 609.2 of the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10609.2.
A. 
The Zoning Officer shall have the power to institute civil enforcement proceedings as a means of enforcement when acting within the scope of this chapter and their employment. If the Zoning Officer shall find that any of the provisions of this chapter are being violated, the Zoning Officer shall issue a written enforcement notice to the person responsible for such violation.
B. 
Written notification of violations of this chapter and actions to be taken to enforce the provisions of this chapter shall be provided in accordance with the applicable notification procedures set forth in the MPC, or other applicable law.
C. 
The enforcement notice shall state at least the following:
1. 
The name of the owner of record and any other person against whom the municipality 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 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 Zoning Hearing Board within 10 days of receipt of the enforcement notice pursuant to the procedures set forth in this chapter.
6. 
That failure to comply with the enforcement notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation with possible sanctions clearly described.
A. 
Civil enforcement proceedings.
1. 
Except where a different penalty is provided, any persons, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of determination of a violation by the district justice. If the defendant neither pays nor appeals the judgment in a timely manner, 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 this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the 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.
2. 
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.
B. 
Equitable enforcement proceedings. 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, the Zoning Officer and/or the Township Solicitor, with the approval of the Board of Supervisors, may institute in the name of the Township any appropriate equitable action or proceeding to prevent, restrain, correct or abate such buildings, structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. These remedies shall be in addition to any other remedies provided by law.
C. 
Private enforcement. Nothing contained in this article shall be construed or interpreted to grant to any person or entity other than the Township or its agents the right to commence any action for enforcement of this chapter, except where otherwise authorized by law.