[Amended 5-16-2012; 5-21-2014]
A.
The provisions of this chapter shall be administered
and enforced by a Code Enforcement Officer, who shall be appointed
by the Board of Supervisors. The Code Enforcement Officer shall hold
no elected office in the Township. The Code Enforcement Officer shall
meet the qualifications established by the Township and shall be able
to demonstrate, to the satisfaction of the Township, a working knowledge
of municipal zoning.
B.
The Code Enforcement Officer shall have all the powers
and duties conferred upon him by this chapter and the Pennsylvania
Municipalities Planning Code (Act 247 as amended). The Code Enforcement
Officer's duties shall include the following:
(1)
Receive and examine all applications for zoning certificates
and certificates of occupancy.
(2)
Process applications for zoning certificates and certificates
of occupancy for all permitted uses.
(3)
Receive applications for uses by special exception
and variances and forward these applications to the Zoning Hearing
Board for action prior to considering issuance of a zoning certificate
or certificate of occupancy for the proposed use.
(4)
Receive applications for conditional uses and forward
these applications to the Planning Commission and Board of Supervisors
for recommendation and action prior to considering issuance of a zoning
certificate or certificate of occupancy for the proposed use.
(5)
Issue zoning certificates, certificates of occupancy
and other permits required by this chapter only where there is compliance
with the provisions of this chapter, other Township ordinances and
the laws of the commonwealth.
(6)
Following denial of a zoning certificate or certificate
of occupancy, refer any appeal of the denial to the Zoning Hearing
Board for action thereon.
(7)
Conduct inspections and surveys to determine compliance
or noncompliance with this chapter.
(9)
With the approval of the Board of Supervisors, or
when directed by the Board, institute in the name of the Township
any appropriate action or proceeding to prevent unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use; to restrain, correct or abate such violation so as to prevent
the occupancy or use of any building, structure or land; or to prevent
any illegal act, conduct, business or use in or about such premises.
(10)
Revoke any order or permit issued under a mistake
of fact or contrary to the law or the provisions of this chapter.
(11)
Record and file all applications for zoning
certificates and certificates of occupancy with accompanying plans
and documents, which files shall be a public record.
(12)
Maintain the official Zoning District Map for
the Township.
A.
Violations. Failure to comply with any provisions
of this chapter; failure to secure a zoning certificate prior to the
erection, construction, extension, structural alteration or addition
to building or structure; or failure to secure a certificate of occupancy
for the use or change of use or occupancy of structures or land shall
be a violation of this chapter.
B.
Enforcement notice. The enforcement notice shall contain
the following information:
(1)
The name of the owner of record and any other person
against whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements
that 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 a prescribed period of time
in accordance with the procedures set forth in this chapter.
(6)
That failure to comply with the notice within the
time specified, unless extended by appeal to the Zoning Hearing Board,
constitutes a violation, with possible sanctions clearly described.
C.
Enforcement remedies.
(1)
Any person, 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 attorneys' 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 Magisterial 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.
(2)
Each day that a violation continues shall constitute
a separate violation, unless the Magisterial 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 Magisterial District Justice, and thereafter each day that
a violation continues shall constitute a separate violation. All judgments,
costs and reasonable attorneys' fees collected for the violation of
this chapter shall be paid over to the Township.
(3)
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.
(4)
Nothing contained in this subsection shall be construed
or interpreted to grant to any person or entity other than the Township
the right to commence any action for enforcement pursuant to this
subsection.
D.
Causes of action. In case any building or structure
is erected, constructed, reconstructed, structurally altered, repaired,
converted or maintained or any building or structure or land is used
in violation of this chapter or of any other ordinance or regulation
made under authority conferred hereby, the Board of Supervisors or,
with approval of the Board of Supervisors, the Code Enforcement Officer
or other proper official, in addition to other remedies, may institute
in the name of the Township any appropriate action or proceeding to
prevent, restrain, correct or abate such unlawful erection, construction,
reconstruction, structural alteration, repair, conversion, maintenance
or use; to prevent the occupancy of any building, structure or land;
or to prevent any illegal act, conduct, business or use that constitutes
a violation.
[Amended 5-16-2012; 5-21-2014]
A.
No land use may be established or changed; no structure
or building may be erected, constructed, reconstructed, structurally
altered, razed or removed; and no building or structure may be used
or occupied or the use changed until a zoning certificate has been
obtained from the Code Enforcement Officer.
[Amended 5-16-2012; 5-21-2014]
B.
In the instances where a building permit is required
and applied for, such application shall be considered to include both
the building permit and the zoning permit. In those instances where
no building permit is required, an application for a certificate of
occupancy for a new or changed use of land or structure shall be considered
to include both the zoning permit and the certificate of occupancy.
C.
Exceptions for certain oil and gas operations. A separate zoning
certificate shall not be required for the following activities:
[Added 11-14-2012 by Ord.
No. 12-01[1]]
(1)
Oil and gas operations taking place below the surface of the
earth, including, but not limited to, gas and water pipelines and
vertical and horizontal well bores.
[1]
Editor's Note: Section 9 of this ordinance stated that
"a zoning certificate fee will be paid in connection with application
for approval of the initial well pad, with a separate fee paid for
any subsequently registered well on the previously approved well pad."
A.
In those instances where a zoning certificate is applied
for, the application shall be made, in writing, by the owner, tenant,
vendee under contract of sale or authorized agent on a form supplied
by the Township and shall be filed with the Code Enforcement Officer.
The application shall include the following information:
[Amended 5-16-2012; 5-21-2014]
(1)
A statement as to the proposed use of the building,
structure or land.
(2)
A plan drawn to scale showing the location, dimensions
and height of proposed buildings, 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.
(3)
The location, dimensions and arrangements of all open
spaces and yards, including methods to be employed for screening and
landscaping.
(4)
The location, size, capacity and arrangement of all
areas to be used for vehicular access, off-street parking, off-street
loading and unloading, and provision to be made for lighting such
areas.
(5)
The dimensions, location and methods of illumination
for signs, if applicable.
(6)
The location and dimensions of sidewalks and all other
areas devoted to pedestrian use.
(7)
Provisions to be made for treatment and disposal of
sewage and industrial wastes, water supply and storm drainage.
(8)
The capacity and arrangement of all buildings used
or intended to be used for dwelling purposes, including the proposed
gross density.
(9)
A description of any proposed industrial or commercial
operations in sufficient detail to indicate the effects of those operations
in producing noise, glare, air pollution, water pollution, fire hazards,
traffic congestion and other safety hazards.
(10)
Description of methods to be employed in controlling
any excess noise, air pollution, smoke, fumes, water pollution, fire
hazards or other safety hazards.
(11)
Any other data deemed necessary by the Code
Enforcement Officer to determine compliance with the applicable provisions
of this chapter.
B.
Where the information required for a zoning certificate
duplicates the information required for a building permit and the
application is being considered a combined application, submission
of one drawing with the required information will meet the requirements
for both applications.
C.
Zoning certificates shall be acted upon within 15
days of submission of a completed application, unless the proposed
use requires approval of a conditional use or use by special exception.
In the case of a conditional use or use by special exception, the
zoning certificate shall be issued within five days of the date of
the meeting at which approval is granted by the Board of Supervisors
or the Zoning Hearing Board.
[Amended 5-16-2012; 7-19-2013 by Ord. No. 13-04; 5-21-2014]
A.
It shall be unlawful to use or occupy or permit the use or occupancy of any building, structure or lot, or part thereof, until a certificate of occupancy has been issued therefor by the Code Enforcement Officer. The Code Enforcement Officer shall not issue said certificate of occupancy until the applicant provides proof that the building, structure or lot is in compliance with all applicable federal, state and local laws. This requirement shall include (but not be limited to) proof that the property has "tapped in" if required by § 323-14 of the sewer connection provisions of the Township Code.
B.
Certificates of occupancy shall be applied for coincident
with the application for a building permit and shall be acted upon
within five working days after inspection by the Code Enforcement
Officer.
C.
Certificates of occupancy for a new use or changed
use where no building permit is required shall be part of the application
for a zoning certificate and shall be acted upon by the Code Enforcement
Officer within 15 days of submission of a completed application for
the zoning certificate.
D.
A temporary certificate of occupancy may be issued
by the Code Enforcement Officer for a period not exceeding six months
to permit partial occupancy of a building while work is being completed,
provided such temporary certificate of occupancy may require such
conditions and safeguards as may be warranted to protect the health
and safety of the occupants and the public.
E.
Failure to obtain a certificate of occupancy shall
be a violation of this chapter and shall be subject to enforcement
remedies as provided in this chapter. The Code Enforcement Officer
shall maintain a record of certificates of occupancy, and copies shall
be furnished, upon request, to any person having a proprietary or
tenancy interest in the building or lot affected.
The Township Planning Commission has been created in accordance with Article II of the Pennsylvania Municipalities Planning Code to fulfill the advisory role to the Board of Supervisors in the administration of this chapter and the Township Subdivision and Land Development Ordinance.[1]
A.
Membership.
(1)
The membership of the Planning Commission shall consist
of five members, all of whom shall be residents of the Township. At
least three of the five members shall be citizen members and shall
not be officers or employees of the Township.
(2)
The term of office for each member shall be four years,
and the terms of no more than two members shall expire in any calendar
year.
(3)
When any vacancies occur, the Chairman shall promptly
notify the Board of Supervisors, and the Board shall fill the vacancy
for the unexpired portion of the term.
B.
Duties of the Planning Commission.
(1)
The Planning Commission shall, at the request of the
Board of Supervisors, have the power and shall be required to:
(a)
Prepare the Comprehensive Plan for the development
of the Township in accordance with the requirements and procedures
set forth in the Pennsylvania Municipalities Planning Code and present
it for consideration by the Board of Supervisors.
(b)
Maintain and keep on file records of its action.
All records and files of the Planning Commission shall be in the possession
of the Board of Supervisors.
(2)
The Planning Commission, at the request of the Board
of Supervisors, may:
(a)
Make recommendations to the Board of Supervisors
concerning adoption or amendment of an official map, as defined herein.
(b)
Prepare and present to the Board of Supervisors
a zoning ordinance and make recommendations to the Board of Supervisors
on proposed amendments to it.
(c)
Prepare and recommend subdivision and land development
and planned residential development regulations and amendments thereto
and make recommendations to the Board of Supervisors on applications
submitted under those regulations.
(d)
Prepare and present to the Board of Supervisors
a building code and a housing code and make recommendations concerning
proposed amendments thereto.
(e)
Do such other acts or make such studies as may
be necessary to fulfill the duties and obligations imposed by the
Pennsylvania Municipalities Planning Code.
(f)
Prepare and present to the Board of Supervisors
an environmental study.
(g)
Submit a recommended capital improvements program
to the Board of Supervisors.
(h)
Prepare and present to the Board of Supervisors
a water survey that shall be consistent with the State Water Plan
and any applicable water resources plan adopted by a river basin commission
conducted in consultation with any public water supplier in the area
to be surveyed.
(i)
Promote public interest in, and understanding
of, the Comprehensive Plan and planning.
(j)
Make recommendations to governmental, civic
and private agencies and individuals as to the effectiveness of the
proposals of such agencies and individuals.
(k)
Hold public hearings and meetings.
(l)
Present testimony before any board.
(m)
Require from other departments and agencies
of the Township such available information as relates to the work
of the Planning Commission.
(n)
In the performance of its functions, enter upon
any land to make examinations and surveys with the consent of the
landowner.
(o)
Prepare and present to the Board of Supervisors
a study regarding the feasibility and practicability of using renewable
energy sources in specific areas within the Township.
(p)
Review the Zoning Ordinance, Subdivision and
Land Development Ordinance and such other ordinances and regulations
governing the development of land no less frequently than it reviews
the Comprehensive Plan.
(3)
In the performance of its powers and duties, any act
or recommendation of the Planning Commission that involves engineering
considerations shall be subject to review and comments of the Township
Engineer, which shall be incorporated and separately set forth in
any report, written act or recommendation of the Planning Commission.
C.
Records. The Secretary of the Planning Commission
shall keep minutes of all meetings and shall maintain a file of the
Commission's records, which shall be the property of the Township.
The Board of Supervisors may introduce and/or
consider amendments to this chapter and to the Zoning District Map,
as proposed by the Board of Supervisors or by the Planning Commission
or by a petition of a landowner of property within the Township.
A.
Petitions. Landowner petitions for amendments shall
be filed with the Planning Commission at least 10 calendar days prior
to the meeting at which the petition is to be heard. The petitioners,
upon such filing, shall submit a legal description of the property
proposed to be rezoned and a statement justifying the request and
shall pay a filing fee in accordance with the fee schedule fixed by
resolution of the Board of Supervisors. The Planning Commission shall
review the proposed amendment and report its findings and recommendations
in writing to the Board of Supervisors.
B.
Referral. Any proposed amendment presented to the
Board of Supervisors without written findings and recommendations
from the Township Planning Commission and the Washington County Planning
Commission shall be referred to these agencies for review at least
30 days prior to the public hearing by the Board of Supervisors. The
Board of Supervisors shall not hold a public hearing upon such amendments
until the required reviews are received or the expiration of 30 days
from the date of referral, whichever comes first.
C.
Posting of property. If the proposed amendment involves
a change to the Zoning District Map, a minimum of two notices of the
public hearing shall be conspicuously posted on the property at least
seven days prior to the date of the public hearing. At least 30 days
prior to the public hearing, the Code Enforcement Officer shall mail
a copy of the notice by first class mail to each property owner within
the area proposed for rezoning as well as to each property owner located
within 300 feet of the entire perimeter of the property, including
those located across a street right-of-way to the addresses to which
real estate tax bills are sent for the properties as evidenced by
tax records within the possession of the Township. The cost of mailing
the notices shall be paid by the applicant, if an applicant requests
the amendment. If the Township initiates the amendment, the Township
shall pay the cost of mailing the notices.
[Amended 5-16-2012; 5-21-2014]
D.
Public notice and public hearing. Before acting on
a proposed amendment, the Board of Supervisors shall hold a public
hearing thereon. Public notice, as defined by this chapter, shall
be given containing a brief summary of the proposed amendment and
reference to the place where copies of the same may be examined.
E.
Readvertisement and rehearing. If, after any public
hearing is held upon a proposed amendment, the amendment is substantially
changed or revised to include land not previously affected by the
amendment, the Board of Supervisors shall hold another public hearing,
pursuant to public notice, before proceeding to vote on the amendment.
F.
Publication, advertisement and availability.
(1)
Proposed amendments shall not be enacted unless the
Board of Supervisors gives notice of the proposed enactment, including
the time and place of the meeting at which passage will be considered
and a reference to the place in the Township where copies of the proposed
amendment may be examined without charge or obtained for a charge
not greater than the cost thereof.
(2)
The Board of Supervisors shall publish the proposed
amendment once in a newspaper of general circulation in the Township
not more than 60 days nor less than seven days prior to passage. Publication
of the proposed amendment shall include either the full text thereof
or the title and a brief summary prepared by the Township Solicitor
setting forth all the provisions in reasonable detail. If the full
text is not included:
G.
Action. Within 90 days of the date when the public
hearing on the proposed amendment is officially closed, the Board
of Supervisors shall vote on the proposed amendment. In the event
substantial amendments are made in the proposed amendment before voting
on enactment of the amendment, the Board of Supervisors shall readvertise
in one newspaper of general circulation in the Township a brief summary
of the amendments at least 10 days prior to enactment.
H.
Filing amendment with County Planning Commission.
Within 30 days after enactment, a copy of the amendment to this chapter
shall be forwarded to the Washington County Planning Commission.
[Amended 5-16-2012; 5-21-2014]
The Board of Supervisors shall establish and
revise, from time to time, a schedule of fees by resolution, as well
as a collections procedure, for all applications submitted under the
provisions of this chapter. The schedule of fees shall be available
to the public from the Code Enforcement Officer or Township Secretary.
A curative amendment may be filed by a landowner
who desires to challenge, on substantive grounds, the validity of
this chapter or the Zoning District Map or any provision thereof that
prohibits or restricts the use or development of land in which he
has an interest.
A.
Procedure. The landowner may submit a curative amendment
to the Board of Supervisors with a written request that his challenge
and proposed amendment be heard and decided as provided in Sections
609.1 and 1004 of the Pennsylvania Municipalities Planning Code, (Act
247, as amended).[1] As with other proposed amendments, the curative amendment
shall be referred to the Township Planning Commission and the Washington
County Planning Commission at least 30 days before the hearing is
conducted by the Board of Supervisors. Public notice shall be given
in accordance with Sections 610, 1004[2] and other applicable provisions of the Pennsylvania Municipalities
Planning Code. The hearings shall be conducted in accordance with
the provisions of Sections 908(4) through (8) of the Pennsylvania
Municipalities Planning Code and all references in that section to
the Zoning Hearing Board shall be references to the Board of Supervisors.
B.
Evaluation of merits of curative amendment. If the
Board of Supervisors determines that a validity challenge has merit,
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 alleged defects. The Board of Supervisors shall consider
the curative amendments, plans and explanatory material submitted
by the landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities,
water supplies, schools and other public service facilities;
(2)
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 Zoning District Map;
(3)
The suitability of the site for the intensity of the
use proposed by the site's soils, slopes, woodlands, wetlands, floodplains,
aquifers, natural resources and other natural features;
(4)
The impact of the proposed use on the site's soils,
slopes, woodlands, wetlands, floodplains, natural resources and natural
features, the degree to which these are protected or destroyed, the
tolerance of the resources to development and any adverse environmental
impacts; and
(5)
The impact of the proposal on the preservation of
agriculture and other land uses that are essential to public health
and welfare.
C.
Declaration of invalidity in court. If the Township
does not accept a landowner's curative amendment brought in accordance
with this section, and a court subsequently rules 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 that specifically
relate to the landowner's curative amendment and challenge.
