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:
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.
A.
Applicability.
(1)
Any of the following activities or any other activity
regulated by this chapter shall only be carried out in conformity
with this chapter:
(2)
Zoning permit. A zoning permit indicates that a zoning
application complies with this chapter to the best knowledge of the
applicable Township staff.
(a)
A zoning permit is required to be issued prior
to the start of any of the following activities:
(b)
The Township may, at its option, issue combined
or separate building permits and zoning permits and/or may utilize
a single or separate applications for the permits.
(c)
When authorized by the issuance of a zoning permit, any permitted
building construction or establishment of a permitted use shall be
initiated within one year of the permit issuance date and be completed
within two years of the permit issuance date. The zoning permit shall
automatically expire for failure to comply with the required initiation
and completion periods.
[Added 7-16-2019 by Ord.
No. 2019-01]
(3)
Certificate of use and occupancy.
(a)
It shall be unlawful to use and/or occupy any
new principal building or establish any new or replacement principal
nonresidential use until a certificate of use and occupancy for such
building or use has been issued by the Township staff.
(b)
The Township staff may permit the zoning permit
application to serve as the application for the certificate of use
and occupancy.
(c)
The certificate of use and occupancy shall only
be issued by the Zoning Officer if the Zoning Officer determines that
the activity complies with this chapter, to the best knowledge of
the Zoning Officer. The Township may also withhold issuance of the
certificate until there is compliance with other Township ordinances.
(d)
The applicant shall keep a copy of the certificate
of use and occupancy available for inspection.
(e)
Upon the request of an applicant, the Zoning
Officer may issue a temporary certificate of use and occupancy. Such
temporary certificate may permit an activity to occur in all or part
of a structure before the entire work covered by the permit has been
completed.
(4)
However, such temporary certificate shall only be
issued if the applicant proves to the Zoning Officer that the activity
or occupancy can occur safely without endangering public health or
safety.
(5)
The temporary certificate shall establish in writing
a maximum time period under which it is valid. A six-month maximum
time period shall apply if not otherwise specified.
(6)
Failure to receive a permanent certificate of use
and occupancy within such time period shall be a violation of this
chapter.
(7)
The temporary certificate may be conditioned upon
compliance with certain specific requirements within certain time
periods.
B.
Repairs and maintenance. Ordinary repairs and maintenance
to existing structures shall not by itself be regulated by this chapter.
Examples of such work include replacement of a roof or porch that
does not involve enclosure of space. (However, a construction permit
under any Township building code[1] may be needed for such work.)
C.
Types of uses.
(1)
Permitted by right uses. The Zoning Officer shall
issue a permit under this chapter in response to an application for
a use that is "permitted by right" if it meets all of the requirements
of this chapter.
(2)
Special exception use or application requiring a variance.
A permit under this chapter for a use requiring a special exception
or variance shall be issued by the Zoning Officer only in response
to a written approval by the Zoning Hearing Board following a hearing.
D.
Applications.
(1)
Submittal. All applications for a zoning permit or
a decision by the Zoning Hearing Board shall be made in writing on
a form provided by the Township. Such completed application, with
required fees, shall be submitted to a designated Township staff-person.
(2)
Site plan. The applicant shall submit a minimum of
two copies of a site plan with the application if the application
involves a new principal building, expansion of a principal building
or addition of three or more parking spaces. The site plan shall be
drawn to scale and show the following:
(a)
Locations, dimensions and uses of existing and
proposed structures, parking and loading areas, and locations of existing
and proposed uses of areas of land, with existing features clearly
distinguished from proposed features;
(b)
Notes showing the dimensions of all buildings
from lot lines and street rights-of-way;
(c)
Locations of any watercourses and any one-hundred-year
floodplain;
(d)
Proposed lot areas, lot widths and other applicable
dimensional requirements;
(e)
Locations and widths of existing and proposed
sidewalks;
(f)
Well and primary and alternate on-lot sewage disposal system locations (see § 119-30); and
[Amended 5-1-2014 by Ord. No. 2014-01]
(g)
All areas or features of the project parcel
which are subject to the Township Official Map and the type of reservation
as specified on the Official Map.
[Added 12-7-2004 by Ord. No. 2004-06]
(3)
Additional information. Any application under this
chapter shall include the following information, unless the Zoning
Officer determines such information is unnecessary to determine compliance
with this chapter:
(a)
The address of the lot;
(b)
Name and address of the applicant, and of the
owner of the property if different from the applicant;
(c)
A description of the proposed use of the property;
(d)
All other applicable information listed on the
official Township application form;
(e)
If the applicant is incorporated, the legal
names and day telephone numbers of officers of the organization/corporation;
and
(f)
Such additional information that the Zoning
Officer may determine is reasonably necessary to determine compliance
with this chapter.
(4)
Submittals to the Board. In addition to the information listed in Subsection D(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:
(a)
The present zoning district and major applicable
lot requirements;
(b)
For a nonresidential use:
[1]
A description of the proposed nonresidential
operations and storage in sufficient detail to indicate potential
nuisances and hazards regarding noise, large truck traffic, glare,
odors, dust, fire or toxic or explosive hazards or other significant
public health and safety hazards;
[2]
A list of the maximum hours of operation;
(c)
The existing directions of stormwater flow (and
any proposed revisions), and any proposed methods of stormwater management;
(d)
A listing of any sections of this chapter being
appealed, with the reasons for any appeal;
(e)
Approximate locations of principal buildings
and locations of streets and alleys and zoning district boundaries
within 100 feet of the boundaries of the tract, and description of
uses of adjoining properties (such as "drug store" or "single-family
detached dwelling");
(f)
Heights, locations, methods of illumination
and intensity of exterior lighting and sign lighting;
(g)
Name and address of person who prepared the
site plan;
(h)
Signed acknowledgement of the site plan by the
applicant; and
(i)
Such additional information required under applicable
sections of this chapter.
E.
Issuance of permits.
(1)
At least one copy of each permit application and any
other zoning approval shall be retained in Township files.
(2)
PennDOT permit. Where necessary for access onto a
state road, a Township zoning or building permit shall be automatically
conditioned upon issuance of a PennDOT highway occupancy permit.
F.
Revocation of permits; appeal of permit or approval.
(1)
Revocation. The Zoning Officer shall revoke, withhold
or suspend a permit or approval issued under the provisions of this
chapter in case of one or more of the following:
(a)
Any false statement or misrepresentation of
fact in the application or on the plans on which the permit or approval
was based (Note: The Pennsylvania Crimes Code[2] provides for penalties for providing false information
to a municipal employee in the carrying out of his/her duties);
[2]
Editor's Note: See 18 Pa.C.S.A. § 101
et seq.
(b)
Upon violation of any condition lawfully imposed
by the Zoning Hearing Board upon a special exception use or variance;
(c)
Any work being accomplished or use of land or
structures in such a way that does not comply with this chapter or
an approved site plan or approved permit application; and/or
(d)
For any other just cause set forth in this chapter.
(2)
Appeals. A party with legitimate standing, or as otherwise
provided by state law, may appeal decisions under this chapter within
the provisions of the State Municipalities Planning Code.[3] Any such appeal shall occur within the time period established
in the State Municipalities Planning Code (as of the adoption date
of this chapter, such provisions were in Sections 914.1 and 1002-A[4]).
G.
Zoning permit for temporary uses and structures.
(1)
A zoning permit for a temporary use or structure may
be issued by the Zoning Officer for any of the following:
(a)
A temporary permit may be issued for customary,
routine and accessory short-term special events, provided that:
[1]
Only a well-established nonprofit organization
or a permitted place of worship proposing a temporary use to clearly
primarily serve a charitable, public service or religious purpose
shall be eligible to receive approval for commercial-type activities
in a district where a commercial use would not otherwise be permitted;
[2]
Such total events shall be limited to a maximum
of 45 days for Christmas tree sales and 12 total days per calendar
year for all other activities; and
[3]
The applicant shall prove to the Zoning Officer
that sufficient parking and traffic control will be available for
the special event, without obstructing parking that is required to
serve other uses on the site.
(b)
A temporary permit may be issued for temporary
storage and office trailers that are necessary to serve on-site construction,
while such construction is actively underway under a valid Township
permit.
(c)
A temporary permit may be issued for such other
activities that the applicant proves to the Zoning Officer are clearly
routine, customary, temporary and not in conflict with existing uses
within the vicinity.
(2)
Time period. The Zoning Officer shall state a reasonable
maximum time period on the temporary permit. If no time limit is stated,
then a seven-day maximum period shall apply. A temporary permit may
be renewed for just cause.
(3)
Temporary retail sales. Except as provided for in Subsection G(1)(a)[1] above, and except for agricultural sales allowed by § 119-27, a lot shall only be used for temporary retail sales if all of the following conditions are met:
(a)
The property is located within a zoning district
that allows retail sales.
(b)
The operator shall have received any business
permits required by the Township.
(c)
No off-street parking spaces shall be obstructed
that are required to serve permanent uses on the lot.
(d)
Any signs visible from a public street shall
comply with this chapter.
(e)
If food or beverages are sold that are not prepackaged,
the applicant shall prove compliance with state health regulations,
including having on-site facilities for workers to wash their hands.
Proper bathroom facilities shall also be available for workers.
(f)
Any structure shall meet applicable minimum
setbacks.
(g)
A permit under this chapter shall be required
from the Township, which shall be displayed while the activity is
open for business.
(h)
The application may be rejected if the Zoning
Officer has reason to believe that the activity would obstruct safe
sight distances.
H.
Compliance with Chapter 98, Subdivision and Land Development. If an application under this chapter would also be regulated by Chapter 98, Subdivision and Land Development, then any permit or approval under this chapter shall automatically be conditioned upon compliance with Chapter 98, Subdivision and Land Development. See the definitions of "land development" and "subdivision" in Chapter 98, Subdivision and Land Development.
(1)
For example, if an applicant applies for a single-family
detached dwelling on a proposed new lot, the construction permit for
such dwelling shall not be valid until after the lot is granted final
subdivision approval and the lot is officially recorded by the County
Recorder of Deeds.
[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.[1] 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.
B.
After the permit under this chapter has been issued,
the applicant may undertake the action specified by the permit, in
compliance with other Township ordinances. However, it is recommended
that applicants wait 30 days to begin construction if there is a possibility
of an appeal by another party to have the permit revoked. Any commencement
of construction or a use within this thirty-day appeal period shall
be at the risk of the applicant.
A.
Minimum requirements. Where more than one provision
of this chapter controls a particular matter, the provision that is
more restrictive upon uses and structures shall apply. The provisions
of this chapter are in addition to any other applicable Township ordinance.
B.
Uses not specifically regulated. This § 119-6B addresses, by special exception, a proposed use which is neither specifically permitted nor specifically denied in any zoning district established under this chapter and which is not permitted in a zoning district in another participating municipality by intermunicipal agreement in accord with § 119-27E.
[Amended 5-1-2014 by Ord. No. 2014-01]
(1)
Jurisdiction. Whenever an application is made to the Zoning Officer
for such a use, the application shall be submitted to the Zoning Hearing
Board, which shall have the authority to permit the use or deny the
use as a special exception.
(2)
Findings. The use may be permitted only if the Zoning Hearing Board
makes all of the following findings, and the burden of proof shall
be upon the applicant:
(a)
The use is similar to and compatible with the uses listed for
the subject zoning district by the Schedule of Use Regulations.[1]
[1]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
(b)
The use in no way conflicts with the intent of the zoning district
and the general purpose and intent of this chapter.
(c)
The use is not permitted in any other zoning district in the
Planning Area.
(d)
The use where proposed would be consistent with the Chestnuthill
Township Comprehensive Plan.
(3)
Planning Commission review. At the time the application is submitted
to the Zoning Hearing Board, the Zoning Officer shall also provide
a copy to the Township Planning Commission and the Regional Planning
Committee for review and recommendation. The Zoning Hearing Board
shall not conduct a public hearing on the application until 30 days
have passed from the time the application was referred to the Township
Planning Commission and the Regional Planning Committee.
(4)
Conditions. The Zoning Hearing Board may attach reasonable conditions
and safeguards to any special exception approval granted for a use
not specified in the Schedule of Uses, incorporating standards in
this chapter for similar uses in the district and such other conditions
as the Zoning Hearing Board may deem necessary to protect and promote
the public health, safety, morals and welfare and to implement the
purposes of this chapter and the Pennsylvania Municipalities Planning
Code.
C.
Interpretation of chapter text and boundaries.
(1)
The Zoning Officer shall literally apply the wording
of this chapter and the location of all district boundaries to particular
applications. In any case, the Zoning Officer may also request an
advisory opinion from the Township Solicitor or the Zoning Hearing
Board Solicitor to aid in the Zoning Officer's determination.
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.[1])
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.
[1]
Editor's Note: See 53 P.S. §§ 10616.1,
10617 and 10617.2.
A Township fee schedule for permits and applications
may be established and amended by written resolution of the Board
of Supervisors.[1] No application or appeal shall be considered filed until
all fees are paid.
[1]
Editor's Note: Said fee schedule is on file
in the Township offices.
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.[1])
[1]
Editor's Note: See 53 P.S. § 10609.1,
10609.2 and 10916.1.
A.
Appointment. The Zoning Officer shall be appointed
by the Board of Supervisors. The Zoning Officer may designate other
Township staff-persons to serve as Assistant Zoning Officer(s). Such
designations may be subject to concurrence by the Board of Supervisors.
Assistant Zoning Officers may serve with the same authority and duties
as the Zoning Officer. The Zoning Officer shall not hold any elective
office within the Township, but may hold other appointed offices.
B.
Duties and powers. The Zoning Officer's duties and
powers shall include the following:
(1)
Administer this chapter in accordance with its literal
terms, including to receive and examine all applications required
under the terms of this chapter, and issue or refuse permits within
the provisions of this chapter;
(2)
Conduct inspections to determine compliance, and receive
complaints of violation of this chapter;
(3)
Keep records of applications, permits, certificates,
written decisions, and variances granted by the Board, and of enforcement
orders, with all such records being the property of the Township and
being available for public inspection;
(4)
Review proposed subdivisions and land developments
for compliance with this chapter; and
(5)
Take enforcement actions as provided by the State
Municipalities Planning Code, as amended.
A.
Membership of Board.
(1)
The Zoning Hearing Board shall consist of five residents
of the Township appointed by the Board of Supervisors. The existing
terms of office shall continue, with terms of office being five years,
and with the terms being so fixed that the term of office of one member
shall expire each year. Members of the Board shall hold no other office
in the Township.
(2)
Alternate members. The Board of Supervisors may appoint
alternate members of the Zoning Hearing Board within the applicable
provisions of the State Municipalities Planning Code. [Note: As of
the adoption date of this chapter, such provisions were in Section
903(b) of such Act.[1]]
[1]
Editor's Note: See 53 P.S. § 10903(b).
B.
Vacancies. Appointments to fill vacancies shall be
only for the unexpired portion of a term.
D.
Zoning Hearing Board jurisdiction and functions. The
Zoning Hearing Board shall be responsible for the following:
(1)
Appeal of a decision by the Zoning Officer.
(2)
Challenge to the validity of the chapter or map. The
applicable provisions of the State Municipalities Planning Code, as
amended, shall apply. (Note: As of the adoption date of this chapter,
these provisions were primarily in Sections 909.1 and 916 of such
Act.[3])
[3]
Editor's Note: See 53 P.S. §§ 10909.1
and 10916.
(3)
Variance.
(a)
The Board shall hear requests for variances
filed with the Township staff in writing.
(b)
Standards. The Board may grant a variance only
within the limitations of state law. [Note: As of the adoption date
of this chapter, the Municipalities Planning Code provided that all
of the following findings must be made, where relevant:
[1]
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
in which the property is located;
[2]
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 a variance is therefore
necessary to enable the reasonable use of the property;
[3]
Such unnecessary hardship has not been created
by the appellant;
[4]
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; and
[5]
The variance, if authorized, will represent
the minimum variance that will afford relief and will represent the
least modification possible of the regulation in issue.]
(c)
In granting any variance, the Board may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of this chapter.
(4)
Special exception.
(a)
The Board shall hear and decide requests for all special exceptions filed with the Township staff in writing. The Board shall only permit a special exception that is authorized by this chapter. See § 119-17.
(b)
Conditions. In granting a special exception,
the Zoning Hearing Board may attach such reasonable conditions and
safeguards, in addition to those expressed in the chapter, as it may
deem necessary to implement the purposes and intent of this chapter.
(5)
Persons with disabilities. After the Zoning Officer
receives a complete written application, the Zoning Hearing Board
shall grant a special exception allowing modifications to specific
requirements of this chapter that the applicant proves to the satisfaction
of the Zoning Hearing Board are required under applicable federal
law to provide a "reasonable accommodation" to serve persons who the
applicant proves have "disabilities" as defined in and protected by
such laws.
(a)
Such reasonable accommodations shall be requested
in accordance with the U.S. Fair Housing Act Amendments and/or the
Americans with Disabilities Act, as amended.
(b)
If the applicant is requesting a reasonable
accommodation under the United States Fair Housing Act Amendments
of 1988 or the Americans with Disabilities Act, the applicant shall
identify the disability which is protected by such statutes, the extent
of the modification of the provisions of this chapter necessary for
a reasonable accommodation, and the manner by which the reasonable
accommodation requested may be removed when such person(s) with a
protected disability no longer will be present on the property.
(c)
Any modification approved under this section
may be limited to the time period during which the persons with disabilities
occupy or utilize the premises.
G.
Time limits on permits and approvals.
(1)
After a variance is approved or other zoning approval
is officially authorized, then any applicable zoning and building
permits shall be secured by the applicant within 12 months after the
date of such approval or authorization. The work authorized by such
permits shall then be completed within 12 months after the issuance
of the permits.
(2)
Extension. In response to an applicant stating good
cause in writing, the Zoning Officer may extend in writing the time
limit for completion of work to a maximum total of 36 months after
permits are issued.
(3)
If an applicant fails to obtain the necessary permits
or begin construction within the above time periods, or allows interruptions
in substantial construction of longer than 12 months, the Zoning Officer
may conclusively presume that the applicant has waived, withdrawn
or abandoned approvals and permits under this chapter and may consider
all such approvals and permits to have become null and void.
H.
Multiple applications. No more than one application
for the same property shall be pending before the Zoning Hearing Board
for special exception approval at any time.
[Amended 2-7-2006 by Ord. No. 2006-03]
The procedures and requirements of Section 908
of the State Municipalities Planning Code, as amended,[1] shall apply to notice, conduct and decisions for hearings
before the Zoning Hearing Board.
[1]
Editor's Note: See 53 P.S. § 10908.
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.[1])
[1]
Editor's Note: See 53 P.S. § 11001-A
et seq.
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.[1])
[1]
Editor's Note: See 53 P.S. § 10619.
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.
A.
Purpose. The special exception process is designed
to allow careful review of uses that have some potential of conflicts
with adjacent uses or areas.
B.
Special exception procedure.
(1)
A site plan shall be submitted, which shall contain the information required in § 119-3D. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a special exception is approved.
(2)
The Zoning Officer should provide a review to the
Zoning Hearing Board regarding the compliance of the application with
this chapter.
(4)
The Township staff should offer a special exception
application to the Township Planning Commission for any advisory review
that the Commission may wish to provide. However, the Zoning Hearing
Board shall meet the time limits of state law for a decision, regardless
of whether the Township Planning Commission has provided comments.
C.
Consideration of special exception applications. When
special exceptions are allowed by this chapter, the Zoning Hearing
Board shall hear and decide requests for such special exceptions in
accordance with standards established by this chapter, including the
following:
(1)
Compliance with this chapter. The applicant shall
establish by credible evidence that the application complies with
all applicable requirements of this chapter. The applicant shall provide
the Board with sufficient plans, studies or other data to demonstrate
this compliance.
(2)
Compliance with other laws. The approval may be conditioned
upon proof of compliance with other specific applicable Township,
state and federal laws, regulations and permits. Required permits
or other proof of compliance may be required to be presented to the
Township prior to the issuance of any zoning permit, building permit,
certification of occupancy and/or recording of an approved plan.
(3)
Traffic. The applicant shall establish that the traffic
from the proposed use will be accommodated in a safe and efficient
manner that will minimize hazards and congestion, after considering
any improvements proposed to be made by the applicant as a condition
on approval.
(4)
Site planning. The application shall include proper
site layout, internal circulation, parking, buffering, and all other
elements of proper design as specified in this chapter.
(5)
Neighborhood. The proposed special exception shall
not substantially harm any surrounding residential neighborhood, after
considering any proposed conditions upon approval.
(6)
Safety. The proposed use shall not create a significant
hazard to the public health and safety, such as fire, toxic or explosive
hazards.
D.
Conditions. In granting a special exception, the Board
may require such reasonable conditions and safeguards (in addition
to those expressed in this chapter) as it determines are necessary
to implement the purposes of this chapter. Conditions imposed by the
Zoning Hearing Board shall automatically become conditions of the
building permit issued pursuant thereto, and any failure to comply
with said conditions shall be a violation of this chapter.
A.
Purpose. The conditional use approval process is designed
to allow the Board of Supervisors to review and approve certain uses
that could have significant impacts upon the community and the environment.
B.
Procedure. The Board of Supervisors shall consider
the conditional use application and render its decision in accordance
with the requirements of the State Municipalities Planning Code.
(1)
Submittal. A site plan shall be submitted, which shall contain the information listed in § 119-3D. Detailed site engineering (such as stormwater calculations and profiles) are not required at the conditional use stage. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a conditional use is approved; or, an applicant may voluntarily choose to submit a subdivision or land development plan for review at the same time as a conditional use application.
(2)
Reviews.
(a)
The Zoning Officer should provide a review to
the Board regarding the compliance of the application with this chapter.
(b)
The Township staff shall submit a conditional
use application to the Planning Commission for any review that the
Commission may wish to provide. However, the Board of Supervisors
shall meet the time limits for a decision, regardless of whether the
Planning Commission has provided comments.
(3)
The only uses that shall be approved as conditional uses shall be those listed as conditional uses in Article III.
(4)
Time limits. Conditional uses shall be processed in accord with the
time frame established by the PA Municipalities Planning Code.
[Amended 7-16-2019 by Ord. No. 2019-01]
C.
Consideration of conditional use application. The Board of Supervisors shall determine whether the proposed conditional use would meet the applicable requirements of this chapter. The same standards shall apply to a conditional use as are listed in § 119-17C for a special exception use.
D.
Conditions. In approving conditional use applications,
the Board of Supervisors may attach conditions it considers necessary
to protect the public welfare and meet the standards of this chapter.
These conditions shall be enforceable by the Zoning Officer and failure
to comply with such conditions shall constitute a violation of this
chapter and be subject to the penalties described in this chapter.
A.
Any review of activity within the floodplain, site
plan review, subdivision or land development approval, erosion control
review, wetland delineation review, stormwater runoff review, review
of activity on steep slopes, or any other review, approval or permit
under this chapter by an officer, employee, board, commission, solicitor,
consultant or agency of the Township shall not constitute a representation,
guarantee or warranty of any kind by the Township, or its employees,
officials, boards, solicitor(s), consultants or agencies of the practicality
or safety of any structure, use or subdivision, and shall create no
liability upon nor a cause of action against such entity or person
for any damage that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under
this chapter, the Township shall not be liable for any later lawful
withdrawal of such permit.