This chapter shall apply throughout the Township of Chestnuthill. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See §
119-3A.
This chapter is hereby adopted:
A. In accordance with the requirements and purposes [including
Sections 604 and 605 or their successor section(s), which are included
by reference] of the Pennsylvania Municipalities Planning Code, as
amended;
B. In accord with the goals and objectives of the Chestnuthill Township
Comprehensive Plan, as amended or updated, and the Monroe 2020 Comprehensive
Plan, as amended or updated; and
[Amended 5-1-2014 by Ord. No. 2014-01]
C. To carry out the following major objectives:
(1) To make sure that development carefully relates to
natural features, and to avoid overly intense development of environmentally
sensitive land;
(2) To minimize disturbance of creek valleys and steep
woodlands;
(3) To avoid overextending groundwater supplies, and to
encourage groundwater recharge;
(4) To protect the quality of groundwater and surface
waters;
(5) To encourage the continuation of farming;
(6) To promote compatibility between land uses;
(7) To seek coordinated development and roads across municipal
borders;
(8) To provide for a variety of residential densities
and meet legal obligations to provide opportunities for all housing
types;
(9) To promote development that retains the rural character
of the Township;
(10) To encourage rehabilitation and avoid demolition of
historic buildings;
(11) To direct higher density development to areas that
are physically suitable, accessible by major roads and that have the
potential of central water supply and central sewage disposal;
[Amended 5-1-2014 by Ord. No. 2014-01]
(12) To coordinate development with future central water
supply and central sewage disposal areas;
[Amended 5-1-2014 by Ord. No. 2014-01]
(13) To direct industrial development to locations that
will minimize conflicts with homes;
(14) To direct commercial businesses to existing commercial
areas, while avoiding new strip commercial areas that would cause
traffic congestion and safety problems and conflicts with homes; and
(15) To promote new commercial and industrial development
in appropriate areas that will provide additional tax revenue and
job opportunities.
[Added 12-7-2004 by Ord. No. 2004-06]
All activities subject to this chapter shall also be subject to the reservations shown and established by the Chestnuthill Township Official Map which has been enacted by ordinance pursuant to Article
IV of the Pennsylvania Municipalities Code. The applicant shall, prior to submitting an application,
determine if in any of the land proposed for subdivision or land development
is subject to the Chestnuthill Township Official Map. If any of the
land is subject to the Official Map, the applicant is encouraged to
contact the Township Zoning Officer prior to submitting the application.
All of the enforcement, violations and penalty
provisions of the State Municipalities Planning Code, as amended,
are hereby incorporated into this chapter by reference. (Note: As
of the adoption date of this chapter, these provisions were primarily
in Sections 616.1, 617 and 617.2 of such Act.)
A. Violations. Any person who shall commit or who shall
permit any of the following actions violates this chapter:
(1) Failure to secure a zoning permit prior to a change
in use of land or structure, or the erection, construction or alteration
of any structure or portion thereof, or the excavation of land to
prepare for the erection, construction or alteration of any structure
or portion thereof.
(2) Placement of false statements on or omitting relevant
information from an application for a zoning permit.
(3) Undertaking any action in a manner which does not
comply with a zoning permit.
(4) Violation of any condition imposed by a decision of
the Zoning Hearing Board in granting a variance or special exception
or other approval.
B. Enforcement notice. If the Township has reason to
believe that a violation of a provision of this chapter has occurred,
the Township shall initiate enforcement proceedings by sending an
enforcement notice as provided in Section 616.1 of the State Municipalities
Planning Code. Prior to sending an official enforcement notice, the
Zoning Officer may at his/her option informally request compliance.
C. Time limits. An official enforcement notice shall
state the deadline to complete bringing the property into compliance
with this chapter, and shall state that the applicant has 30 days
from the receipt of the notice to appeal to the Zoning Hearing Board.
D. Causes of action; enforcement remedies. The causes
of action and enforcement remedies provisions of the State Municipalities
Planning Code, as amended, are hereby incorporated by reference. (Note:
As of the adoption date of this chapter, such provisions were in Sections
617 and 617.2 of such law.)
[Amended 2-7-2006 by Ord. No. 2006-03]
(1) Enforcement action. If the enforcement notice is not
complied with promptly, the Zoning Officer shall notify the Board
of Supervisors. The Supervisors may request the Township Solicitor
to institute in the name of the Township any appropriate action or
proceeding at law or in equity to prevent, restrain, correct or abate
such violation or to require the removal or termination of the unlawful
use of the structure, building, sign, landscaping or land in violation
of the provisions of this chapter or the order or direction made pursuant
thereto. The Board of Supervisors may also direct the Zoning Officer
or Township Solicitor to institute a civil enforcement proceeding
before a district justice.
(2) Violations and penalties. Any person who 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 the reasonable attorney's fees incurred
by the Township as a result thereof. No judgment shall commence or
be imposed, levied or be 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
a District Justice determining that there has been a violation further
determines that there was a good faith basis for the person 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's fees collected for the violation of this
chapter shall be paid over to the Township for the general use of
the Township.
(3) Remedies. In case any building, structure, sign or
landscaping is erected, constructed, reconstructed, altered, repaired,
converted or maintained; or any building, structure, sign or land
is used; or any hedge, shrub, tree or other growth is maintained in
violation of this chapter or of any of the regulations made pursuant
thereto or any of the permits or certificates of use and occupancy
issued under this chapter or any conditions imposed upon the grant
of a special exception or variance by the Zoning Hearing Board or
upon the grant of a conditional use, then, in addition to any other
remedies provided by law, any appropriate action or proceeding may
be instituted or taken to prevent or restrain such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use or to prevent any illegal act, conduct, business or use in
and about such premises.
E. Enforcement evidence. In any appeal of an enforcement
notice to the Zoning Hearing Board, the Township shall have the responsibility
of presenting its evidence first.
A Township fee schedule for permits and applications
may be established and amended by written resolution of the Board
of Supervisors. No application or appeal shall be considered filed until
all fees are paid.
Within the requirements of the State Municipalities
Planning Code, the Board of Supervisors may amend or repeal any or
all portions of this chapter on its own motion or after agreeing to
hear a written request of any person, entity, landowner or the Planning
Commission.
The applicable provisions of the State Municipalities
Planning Code shall apply. (Note: As of the adoption date of this
chapter, these provisions were primarily in Sections 609.1, 609.2
and 916.1 of such Act.)
[Amended 2-7-2006 by Ord. No. 2006-03]
The procedures and requirements of Section 908
of the State Municipalities Planning Code, as amended, shall apply to notice, conduct and decisions for hearings
before the Zoning Hearing Board.
The provisions for appeals to court that are
stated in the State Municipalities Planning Code, as amended, shall
apply. (Note: As of the adoption date of this chapter, these provisions
were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A
of such Act.)
See the provisions of the State Municipalities
Planning Code, as amended. (Note: As of the adoption date of this
chapter, such provisions were within Section 619 of such Act.)
The minimum lot area, minimum lot width and
minimum street frontage requirements of this chapter shall not apply
to uses or structures owned by Chestnuthill Township or by a municipal
authority created solely by Chestnuthill Township for uses and structures
that are intended for a public utility, stormwater or public health
and safety purpose.