The provisions of this chapter shall be administered
and enforced by a Zoning Officer appointed by the Township Commissioners
who shall have the power to administer the Zoning Ordinance in accordance
with its literal terms, as well as the power to make inspection of
buildings or premises necessary to carry out his duties in the enforcement
of this chapter.
A.
Zoning permits. Zoning permits shall hereafter be
secured from the Zoning Officer's office prior to the issuance of
a building permit for the construction, erection or alteration of
structure or sign or part of a structure or upon a change in the use
of a structure or land. The fee for said permit shall be included
in the building permit fee. Except for accessory buildings, private
garages and carports having a building area of less than 500 square
feet, which will require the payment of a zoning permit fee equal
to the cost of a building permit fee, as well as any other applicable
permit fees.
[Amended 8-25-2004 by Ord. No. 1869]
B.
Building permits. For the construction, alteration,
demolition or relocation or any structure, a building permit must
be obtained from the Zoning Office. A building permit shall become
void in 90 days from the date of issuance unless actual construction
has begun by that date on the project described therein.
(1)
The permit application must be accompanied by a site
plan, in duplicate, showing as necessary to demonstrate conformity
to this chapter:
(a)
Lot. The location and dimensions of the lot.
(b)
Streets. Names and widths of abutting streets
and highways.
(c)
Structures and yards. Locations, dimensions,
and use of existing and proposed structures and yards on the lot and,
as practical, of any existing structures within 100 feet of the proposed
structure but off the lot.
(d)
Improvements. Proposed off-street parking and
loading areas, access drives, with walks. Proposed sewerage disposal
system.
(e)
Orientation. The North direction must be shown.
(2)
A site plan is not required for projects which are
concerned only with maintenance of or repair to existing structures.
C.
Temporary use permits. It is recognized that it may
be in accordance with the purpose of this chapter to permit temporary
activities for a limited period of time, which activities may be prohibited
by other provisions of this chapter.
(1)
If such uses are of such a nature and are so located
that, at the time of petition, they will:
(2)
Then, the Zoning Hearing Board may, subject to all
regulations for the issuance of special exception elsewhere specified,
direct the Zoning Officer to issue a permit for a period not to exceed
six months. Such permit may be extended not more than once for an
additional period of six months.
D.
Certificate of occupancy. It shall be unlawful to
use or permit the use of any building or premises or part thereof
hereafter created, located, erected, changed, converted or enlarged
wholly or partly until a certificate of occupancy has been issued
for that premises, certifying that the structure or use complies with
the provisions of this chapter. Such occupancy permits shall be granted
or denied within 45 days from the date that a written application
is filed with the Zoning Officer. In the event that the issuance of
a certificate of occupancy is denied upon application therefore, the
Zoning Officer shall notify the Zoning Hearing Board in writing his
action and the specific reasons therefore. Any construction or use
of premises contrary to the certificate of occupancy or the approved
plans authorizes the Zoning Officer to revoke such permit or certificate
and halt the construction or use on the premises.
A.
Filing of variance application; expiration. An application
may be made to the Zoning Hearing Board for a variance where it is
alleged that the provisions of this chapter inflict unnecessary hardship
upon the applicant. The application must be on a form provided for
that purpose by the Zoning Officer. It must be filed with the Board
and copies given to the Zoning Officer and Township Planning Commission.
The applicant must provide all the information and data that may be
required to advise the Board on the variance, whether such information
is called for by the official form or not.
B.
Unless otherwise specified or extended by the Board,
a variance authorized by it expires if the applicant fails to obtain
a building permit or use certificate within six months from the date
of authorization of the variance.
A.
Procedures. Applications for conditional uses permitted
by this chapter shall be made in writing to the Zoning Officer by
the owner or authorized agent on a form supplied by the Zoning Officer.
The Zoning Officer shall simultaneously refer such application to
the Planning Commission and the Township Commissioners. The Planning
Commission shall review the application, within 30 days of receipt,
submit its recommendations to the Township Commissioners for decision.
At its next regular meeting following receipt of the Planning Commission's
recommendations or expiration of the thirty-day period, whichever
is sooner, the Township Commissioners shall review the application
and, indicating its approval or disapproval thereof, return the application
to the Zoning Officer. The Zoning Officer in turn shall, within 10
days of decision by the Township Commissioners, forward, if approved,
an approved building permit or occupancy permit, as appropriate, to
the applicant; if disapproved, so notify the applicant.
B.
Criteria. The recommendations of the Planning Commission
and the decision of the Township Commissioners shall be based on,
but not limited to, the following standards and criteria.
(1)
Compatibility. The proposed use will be reviewed as
to its relationship to and effect upon surrounding land uses and existing
environmental conditions regarding the pollution of air, land and
water; noise; potential of hazards and congestion; illumination and
glare; restrictions to natural light and circulation of air.
(2)
Purpose. The intended purpose of the proposed use
as it relates to the area's development objectives established in
the Comprehensive Plan and this chapter will be reviewed.
(3)
Suitability. The nature of activity and population
served, numbers of participation population, frequency of use, adequacy
of space and spatial requirements, potential generation and impact
of congestion will be reviewed as suitably related to the proposed
location of potential use.
(4)
Accessibility. Ingress and egress to the site of the
proposed use, circulation and movement of pedestrian and vehicular
traffic, parking requirements and accessibility to the exiting and
proposed area highway system will be reviewed.
(5)
Serviceability. Review will be made as to the adequacy
and availability of utility services and facilities such as sanitary
and storm sewers, water, trash and garage collection and disposal
and the ability of the area to supply such services.
Whenever the owner or owners of any property
in the Township of Ridley, or any other persons, presents to the Board
of Township Commissioners, in accordance with this chapter, a petition
requesting an amendment, supplement, change, modification or repeal
of the regulations prescribed by this chapter, or of any Zoning Map
made a part of this chapter, the said petitioner shall defray all
costs of advertising, notes of testimony and other costs of the hearing,
and said petitioner shall file with said petition as deposit, cash
or a certified check in the sum (sum to be established by Township
resolution) as part payment of such costs. In the event that the costs
are less than said sum, the excess shall be returned to petitioner;
if the costs are in excess of said sum, no decision shall be given
until said excess be paid. The Board of Township Commissioners may
refuse to act upon said petition unless and until said sum is so deposited.
A.
Appointment and powers. For the administration of
this chapter, a Zoning Officer, who shall not hold any elective office
in the Township, shall be appointed by the Board of Commissioners.
The Zoning Officer shall meet qualifications established by the Township
and shall be able to demonstrate to the satisfaction of the Township
a working knowledge of municipal zoning. The Zoning Officer shall
administer 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. The Zoning Officer
shall be authorized to institute civil enforcement proceedings as
a means of enforcement when acting within the scope of his employment.
C.
Transmittal of papers. Upon receipt of an application
for a special exception, variance or a notice of appeal, the Zoning
Officer must transmit to the Secretary of the Zoning Hearing Board
and to the Township Planning Commission, copies of all papers constituting
the record upon the special exception, variance, conditional use or
appeal.
D.
Action on building permits. Within 60 days, except
for holidays, after receipt of an application for a building permit,
the Zoning Officer must grant or refuse the permit. If the application
conforms to the applicable requirements of the building permit ordinance
and this chapter, the Zoning Officer must grant a permit. If the permit
is not granted, he must state in writing the grounds of his refusal.
E.
Action on certificates of occupancy. Within 45 days,
except for holidays, after receipt of an application for a certificate
of occupancy, the Zoning Officer must grant or refuse the certificate.
In the event that the issuance of a certificate of occupancy is denied
upon application therefor, the Zoning Officer must state in writing
the grounds of his refusal.
F.
Violations.
(1)
Upon determining that a violation of any of the provisions
of this chapter exists, the Zoning Officer must serve notice on the
person committing or permitting the same that:
(2)
Following the hearing, he must take the action necessary
to terminate the violation, include recourse to a court of record.
G.
H.
Reports. The Zoning Officer shall prepare a monthly
report for the Township Commissioners summarizing for the period since
his last previous report all zoning permits issued and certificates
countersigned by him and all complaints of violations and the action
taken by him consequent thereon. A copy of each such report shall
be filed with the Office of the Chief Assessor of Delaware County
at the same time it is filed with the Township Commissioners.
A.
Membership of Board.
(1)
The membership of the Zoning Hearing Board shall be
five residents of the Township appointed by the Board of Commissioners.
The terms of office shall be five years and shall be so fixed that
the term of office of one member shall expire each year. The Zoning
Hearing Board shall promptly notify the Board of Commissioners of
any vacancies which 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 office in the Township, including
membership on the Planning Commission and Zoning Officer.
(2)
The Board of Commissioners 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 § 325-116C of this chapter, 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 powers and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to § 325-116D of this chapter unless designated as a voting alternate member pursuant to § 325-116C of this chapter.
B.
Removal of members. Any Zoning Hearing Board member
may be removed for malfeasance, misfeasance or nonfeasance in office
or for other just cause by a majority vote of the Board of Commissioners,
taken after the member has received 15 days' advance notice of the
intent to take such a vote. A hearing shall be held in connection
with the vote if the member shall request it in writing.
C.
Organization of Board.
(1)
The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in § 325-116E of this chapter.
(2)
If, by reason of absence or disqualification of a
member, a quorum is not reached, the Chairman of the Board shall designate
as many alternate members of the Board to sit on the Board as may
be needed to provide a quorum. Any alternate member of the Board shall
continue to serve on the Board in all proceedings involving the matter
or case for which the alternate was initially appointed until the
board has made a final determination of the matter or case. Designation
of an alternate pursuant to this section shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
(3)
The Board may make, alter and rescind rules and forms
for its procedure, consistent with ordinances of the Township and
laws of the commonwealth. The 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 Commissioners
as requested by the Board of Commissioners.
D.
Expenditures for services. Members of the Zoning Hearing Board shall receive compensation for the performance of their duties, as fixed by the Board of Commissioners, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Commissioners. Alternate members of the Zoning Hearing Board shall receive compensation, as fixed by the Board of Commissioners, for the performance of their duties when designated as alternate members pursuant to § 325-116C of this chapter, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the Board of Commissioners.
E.
Hearings. The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with the following requirements:
(1)
Public notice shall be given and written notice shall
be given to the applicant, the Zoning Officer, such other persons
the Zoning Hearing Board shall designate by its rules and to any person
who has made timely request for the same. Written notices shall be
given at such time and in such manner as shall be prescribed by rules
of the Zoning Hearing Board. In addition to the written notice prescribed
herein, written notice of said hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing.
(2)
The Board of Commissioners shall prescribe reasonable
fees with respect to hearings before the Zoning Hearing Board. Fees
for said hearings shall include compensation for the secretary and
members of the Zoning Hearing Board, notice and advertising costs
and necessary administrative overhead connected with the hearing.
The costs, however, shall not include legal expenses of the Zoning
Hearing Board, expenses for engineering, architectural or other technical
consultants or expert witness costs.
(3)
The hearing shall be held within 60 days from the
date of the applicant's request, unless the applicant has agreed in
writing to an extension of time.
(4)
The hearings shall be conducted by the Board or the
Board may appoint any member as a hearing officer. The decision, or,
where no decision is called for, the findings shall be made by the
Board; however, the appellant or the applicant, as the case may be,
in addition to the Township, may, prior to the decision of the hearing,
waive decision or findings by the Board and accept the decision or
findings of the hearing officer as final.
(5)
The parties to the hearing shall be the Township of
Ridley, any person affected by the application who has made timely
appearance of record before the Board, and any other person including
civic or community organizations permitted to appear by the Board.
The Board shall have power to require that all persons who wish to
be considered parties enter appearances in writing on forms provided
by the Board for that purpose.
(6)
The Chairman or Acting Chairman of the Board or the
hearing officer presiding shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant documents and papers, including witnesses and documents
requested by the parties.
(7)
The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witnesses on all relevant
issues.
(8)
Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
(9)
The Board or the hearing officer, as the case may
be, shall keep a stenographic record of the proceedings. The appearance
fee for a stenographer shall be shared equally by the applicant and
the Board. The cost of the original transcript shall be paid by the
Board if the transcript is ordered by the Board or hearing officer
or shall be paid by the person appealing from the decision of the
Board if such appeal is made, and in either event the cost of additional
copies shall be paid by the person requesting such copy or copies.
In other cases the party requesting the original transcript shall
bear the cost thereof.
(10)
The Board or the hearing officer shall not communicate,
directly or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
(11)
The Board or the hearing officer, as the case
may be, shall render a written decision or, when no decision is called
for, make written findings on the application within 45 days after
the last hearing before the Board or hearing officer. Where the application
is contested or denied, each decision shall be accompanied by findings
of fact and conclusions based thereon together with the reasons therefor.
Conclusions based on any provisions of the Pennsylvania Municipalities
Planning Code[1] or of any Township ordinance, rule or regulation shall
contain a reference to the provision relied on and the reasons why
the conclusion is deemed appropriate in the light of the facts found.
If the hearing is conducted by a hearing officer, and there has been
no stipulation that his decision or findings are final, the Board
shall make his report and recommendations available to the parties
within 45 days and the parties shall be entitled to make written representations
thereon to the Board prior to final decision or entry of findings,
and the Board's decision shall be entered no later than 30 days after
the report of the hearing officer. Where the Board fails to render
the decision within the period required by this section, or fails
to hold the required hearing within 60 days from the date of the applicant's
request for a hearing, the decision shall be deemed to have been rendered
in favor of the applicant unless the applicant has agreed in writing
or on the record to an extension of time. When a decision has been
rendered in favor of the applicant because of the failure of the Board
to meet or render a decision as hereinabove provided, the Board shall
give public notice of said decision within 10 days from the last day
it could have met to render a decision in the same manner as provided
in this section. If the Board shall fail to provide such notice, the
applicant may do so. Nothing in this section shall prejudice the right
of any party opposing the application to appeal the decision to a
court of competent jurisdiction.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(12)
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.
To all other persons who have filed their name and address with the
Board not later than the last day of the hearing, the Board shall
provide by mail or otherwise, brief notice of the decision or findings
and a statement of the place at which the full decision or findings
may be examined.
F.
Jurisdiction. The Zoning Hearing Board shall have
exclusive jurisdiction to hear and render final adjudications in the
following matters:
(1)
Substantive challenges to the validity of any land use ordinance, except those brought before the Board of Commissioners pursuant to §§ 325-120B and 325-121A(2) of this chapter.
(2)
Challenges to the validity of a land use ordinance
raising procedural questions or alleged defects in the process of
enactment or adoption which challenges shall be raised by an appeal
taken within 30 days after the effective date of said ordinance.
(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
cease and desist order or the registration or refusal to register
any nonconforming use, structure or lot.
(4)
Appeals from a determination by the Township Engineer
or the Zoning Officer with reference to the administration of any
floodplain or flood hazard provisions within a land use ordinance.
(5)
Applications for variances from the terms of this chapter pursuant to § 325-116G of this chapter.
(7)
Appeals from the determination of any officer or agency
charged with the administration of any transfers of development rights
or performance density provisions of this chapter.
(9)
Appeals from the determination of the Zoning Officer
or Township Engineer in the administration of any land use ordinance
or provision thereof with reference to sedimentation and erosion control
and stormwater management insofar as the same related to development
not involving subdivision and land development or planned residential
development applications.
G.
Zoning Hearing Board's functions; variances.
(1)
The Board shall hear requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The Board shall by rule prescribe the
form of application and may require preliminary application to the
Zoning Officer. The Board may grant a variance, provided that all
of the following findings are made where relevant in a given case:
(a)
That there are unique physical circumstances
or conditions, including irregularity, narrowness, or shallowness
of lot size or shape, or exceptional topographical or other physical
conditions peculiar to the particular property and not the circumstances
or conditions generally created by the provisions of this chapter
in the neighborhood or district in which the property is located.
(b)
That because of such physical circumstances
or conditions, there is no possibility that the property can be developed
in strict conformity with the provisions of this chapter and that
the authorization of a variance is therefore necessary to enable the
reasonable use of the property.
(c)
That such unnecessary hardship has not been
created by the appellant.
(d)
That the variance, if authorized, will not alter
the essential character of the neighborhood or district in which the
property is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare.
(e)
That the variance, if authorized, will represent
the minimum variance that will afford relief and will represent the
least modification possible to the regulation in issue.
H.
Zoning Hearing Board's functions; special exception.
(1)
The Board shall hear requests for special exceptions
pursuant to this chapter. The Board shall by rule prescribe the form
of application and may require preliminary application to the Zoning
Officer. The Board in granting or denying requests for special exceptions
shall consider the following factors where appropriate:
(a)
That the proposed use is appropriate for the
site in question in terms of size, topography, natural features, drainage,
sewage disposal, water supply, accessibility, and availability of
public services, and that adequate provisions will be made to protect
sensitive environmental features such as streams, lakes, wetlands,
slopes, and mature trees.
(b)
That the proposed use is compatible with the
character of the surrounding neighborhood and will not interfere with
or detract from legitimate uses and adjacent properties, and that
adequate measures will be provided through building design, site layout,
landscaping, planting, and operational controls to minimize any adverse
impacts caused by noise, lights, glare, odors, smoke, fumes, traffic,
parking, loading, and signage.
(c)
That the proposed special exception will serve
the best interest of the Township, the convenience of the community,
and the public health, safety and welfare.
(d)
That the proposed use is consistent with the
Ridley Township Comprehensive Plan.
(e)
That the proposed use promotes orderly development,
proper population density, and the provision of adequate community
facilities and services, including police and fire protection.
(f)
That the proposed use is suitable in terms of
its effect on highway safety and traffic circulation, and that access,
on-site circulation, and parking are adequate in view of anticipated
traffic.
(2)
In cases where uses permitted by special exception
are not accompanied by standards for such uses, the following standards
shall apply:
(a)
In residential districts, the area and bulk
regulations shall be not less than those for single-family detached
dwellings in the applicable residential district.
(b)
In nonresidential districts, the area and bulk
regulations shall be not less than those for the use which requires
the greatest dimensions in the applicable nonresidential district.
(3)
The Zoning Hearing Board may require more stringent but reasonable dimensional standards than those listed in § 325-116H(2) above, provided that the Board makes one or more of the following three determinations:
(a)
That the required standards [as noted in § 325-116H(2) above] are clearly insufficient to accommodate the proposed building, facility, or use, and that larger dimensional requirements would substantially alleviate that conditions.
(b)
That the required standards are clearly insufficient to provide adequate area for parking and loading, as required by Article XIII of this chapter, and that larger dimensional requirements would substantially alleviate that condition.
(c)
That the required standards are clearly insufficient
in providing for lot areas and dimensions necessary to protect the
adjacent area from the potential adverse impacts of the proposed use,
such as noise, vibration, air pollution and similar impacts, and that
larger dimensional requirements would substantially alleviate that
condition.
(4)
Financial hardship shall not be construed as a basis
for granting special exceptions.
(5)
In granting any special exception, the Board may attach
reasonable conditions and safeguards in addition to those expressed
in this chapter as it may deem necessary to implement the purposes
of the Pennsylvania Municipalities Planning Code[3] and this chapter, which conditions and safeguards may
relate to, but not be limited to, screening, lighting, noise, safety,
aesthetics and the minimization of noxious, offensive or hazardous
elements. Each special exception shall be clearly authorized by a
provision in this chapter and shall comply with the more specific
standards relating to such special exception contained in sections
of this chapter relating to uses by special exception.
[3]
Editor's Note: See 53 P.S. § 10101
et seq.
I.
Parties appellant before the Zoning Hearing Board.
(1)
Appeals under § 325-116E(1), (2), (3), (4), (7), (8) and (9) of this chapter may be filed with the Zoning Hearing Board in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for a variance under § 325-116G and for special exception under § 325-116H may be filed with the Board by any landowner or any tenant with the permission of such landowner.
(2)
No person shall be allowed to file any proceeding with the Board later that 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 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 shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision by the Zoning Officer on a challenge to the validity of an ordinance or map pursuant to § 325-122 of this chapter shall preclude an appeal from final approval except in the case where the final submission substantially deviates from the approved tentative approval.
(3)
All appeals from determinations adverse to the landowners
shall be filed by the landowner within 30 days after notice of the
determination is issued.
J.
Stay of proceedings. Upon filing of any proceeding referred to in § 325-116I(1) of this chapter and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the 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 Board or by the Court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the Court having jurisdiction of zoning appeals to order such persons to post bond as condition to continuing the proceedings before the Board. The Court is required to act upon the petition as prescribed in Section 915.1 of the Pennsylvania Municipalities Planning Code.[4]
[4]
Editor's Note: See 53 P.S. § 10915.1.
Powers and duties shall be as follows:
A.
Drainage. At the request of the Zoning Officer or
the Zoning Hearing Board, the Township Engineer must review site plans
or other data to ascertain that provision for surface water drainage
will be adequate.
B.
Buildings adjacent to drainage channels and watercourses.
The Township Engineer shall review plans for buildings adjacent to
drainage channels or watercourses to ascertain that the buildings
will be an adequate distance from the high water line.
C.
Zoning Hearing Board cases. Where the exercise of
the above powers and duties involves an application or appeal to the
Zoning Hearing Board, the Township Engineer shall make recommendations
to the Board. The approving authority in such cases shall be the Zoning
Hearing Board and not the Township Engineer.
Powers and duties shall be as follows:
A.
Zoning Hearing Board cases. Within 30 days of receiving
an application for a special exception or variance from the Zoning
Hearing Board, the Township Planning Commission must give written
report on it to the Board.
B.
The Township Planning Commission may recommend amendments
to the regulations and provisions of this chapter to the Township
Commissioners. For a proposed amendment stemming from other sources,
the Commission must review it and make a recommendation regarding
it to the Township Commissioners within 30 days after receipt of the
proposal. At least 30 days prior to the Township Commissioners hearing
on the amendment to the ordinance, the Township Planning Commission,
shall submit the proposed amendment to the ordinance to the Delaware
County Planning Commission for recommendation.
C.
Screens where commercial and industrial abut residential
districts. In reviewing plans for fences or hedges, where commercial
or industrial districts abut a residential district, the Township
Planning Commission must accept or refuse the plans, depending on
their adequacy for this purpose.
B.
Jurisdiction. The Board of Commissioners shall have
exclusive jurisdiction to hear and render final adjudications in the
following matters:
C.
Board of Commissioners functions; conditional uses.
(1)
The Board of Commissioners shall hold hearings on and decide requests for conditional uses in accordance with standards and criteria pursuant to § 325-113 of this chapter.
(2)
In granting a conditional use, the Board of Commissioners
may attach such reasonable conditions and safeguards, in addition
to those expressed in this chapter, as it may deem necessary to implement
the purposes of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
The Board of Commissioners may from time to time on
its own motion, or on petition or on recommendation of the Township
Planning Commission, amend, supplement or repeal any of the regulations
and provisions of this chapter.
(1)
Before voting on the enactment of an amendment, the
Board of Commissioners shall hold a public hearing thereon, pursuant
to public notice. In addition, if the proposed amendment involves
a Zoning Map change, notice of said public hearing shall be conspicuously
posted by the Township at points deemed sufficient by the Township
along the perimeter of the tract to notify potentially interested
citizens. The affected tract or area shall be posted at least one
week prior to the date of the hearing.
(2)
In the case of an amendment other than that prepared
by the Township Planning Commission, the Board of Commissioners shall
submit each such amendment to the Township Planning Commission at
least 30 days prior to the hearing on such proposed amendment to provide
the Township Planning Commission an opportunity to submit recommendations.
(3)
The Township shall submit any proposed amendment to
the Delaware County Planning Commission at least 30 days prior to
the hearing on such proposed amendment to provide the Delaware County
Planning Commission an opportunity to submit recommendations.
(4)
If, after any public hearing held upon an amendment,
the proposed amendment is changed substantially, or is revised, to
include land previously not affected by it, the Board of Commissioners
shall hold another public hearing, pursuant to public notice, before
proceeding to vote on the amendment.
(5)
Proposed amendments shall not be enacted unless notice
of proposed enactment is given in the manner set forth in this section,
and shall include the time and place of the meeting at which passage
will be considered, a reference to a place within the Township where
copies of the proposed amendment may be examined without charge or
obtained for a charge not greater than the cost thereof. The Board
of Commissioners shall publish the proposed amendment once in one
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 and
setting forth all the provisions in reasonable detail. If the full
text is not included a copy thereof shall be supplied to a newspaper
of general circulation in the Township at the time the public notice
is published and an attested copy of the proposed amendment shall
be filed in the county law library or other county office designated
by the County Commissioners.
(6)
In the event that substantial amendments are made
in the proposed amendment before voting upon enactment, the Board
of Commissioners shall, at least 10 days prior to enactment readvertise,
in one newspaper of general circulation in the Township, publish a
brief summary setting forth all the provisions in reasonable detail
together with a summary of the amendments.
(7)
Within 30 days after enactment, a copy of the amendment
to this chapter shall be forwarded to the Delaware County Planning
Commission.
B.
Procedure for landowner curative amendments.
(1)
A landowner who desires to challenge on substantive grounds the validity of this chapter or Zoning Map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Commissioners with a written request that his challenge and proposed amendment be heard and decided as provided in § 325-121 of this chapter. The Board of Commissioners shall commence a hearing thereon within 60 days of the request as provided in § 325-121 of this chapter. The curative amendment and challenge shall be referred to the planning agencies as provided in § 325-120A of this chapter and notice of the hearing thereon shall be given as provided in § 325-120A.
(2)
The hearing shall be conducted in accordance with § 325-116E of this chapter and all references therein to the Zoning Hearing Board shall, for the purposes of this section, be references to the Board of Commissioners. If the Township does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter and Zoning Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
(3)
The Board of Commissioners which has determined that
a validity challenge has merit 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 Commissioners 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 Zoning Map;
(c)
The suitability of the site for the intensity
of use proposed by the site's soils, slopes, woodlands, wetlands,
floodplains, aquifers, natural resources and other natural features;
(d)
The impact of the proposed use on the site's
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
(e)
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to public health
and welfare.
C.
Procedure for municipal curative amendments. If the
Township determines that this chapter or any portion thereof is substantially
invalid, it shall take the following actions:
(1)
The Township shall declare by formal action, this
chapter or any portions thereof substantively invalid and propose
to prepare a curative amendment to overcome such invalidity. Within
30 days following such declaration and proposal the Board of Commissioners
shall begin to prepare and consider a curative amendment to this chapter
to correct the declared invalidity and shall by resolution make specific
findings setting forth the declared invalidity of this chapter which
may include:
(2)
Within 180 days from the date of the declaration and proposal, the Township shall enact a curative amendment to validate, or reaffirm the validity of, this chapter pursuant to the provisions required by § 325-120A of this chapter in order to cure the declared invalidity of this chapter.
(3)
Upon the initiation of the procedures, as set forth in § 325-120A of this chapter, the Board of Commissioners shall not be required to entertain or consider any landowner's curative amendment filed under § 325-120B of this chapter, nor shall the Zoning Hearing Board be required to give a report requested under §§ 325-116F or 325-121 of this chapter subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by § 325-120C(1) of this chapter. Upon completion of the procedures as set forth in § 325-120A(1) and (2) of this chapter, no rights to a cure pursuant to the provisions of § 325-120B or 325-121 of this chapter shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this unamended chapter for which there has been a curative amendment pursuant to this section.
D.
The Township having utilized the procedures as set forth in § 325-120A(1) and (2) of this chapter may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of this chapter, pursuant to § 325-120C(2) of this chapter; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a Pennsylvania Appellate Court decision, the Township may utilize the provisions of this section to prepare a curative amendment to this chapter to fulfill said duty or obligation.
A.
A landowner who, on substantive grounds, desires to
challenge the validity of this chapter or Zoning Map or any provision
thereof which prohibits or restricts the use or development of land
in which he has an interest shall submit the challenge either:
B.
Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provision thereof, who desires to challenge its validity on substantive grounds shall first submit their challenge to the Zoning Hearing Board for a decision thereon under § 325-116F(1) of this chapter.
C.
(1)
In challenges before the Zoning Hearing Board, the challenging party shall make a written request to the Board that it hold a hearing on its challenge. The request shall contain the reasons for the challenge. Where the landowner desires to challenge the validity of such ordinance and elects to proceed by curative amendment under § 325-120B of this chapter, his application to the Board of Commissioners shall contain, in addition to the requirements of the written request hereof, the plans and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development permitted by the challenged ordinance or map. Such plans or other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a permit, so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map in light thereof. Nothing herein contained shall preclude the landowner from first seeking a final approval before submitting his challenge.
(2)
If the submission is made by the landowner to the Board of Commissioners under § 325-121A(2) of this chapter, the request also shall be accompanied by an amendment or amendments to the ordinance proposed by the landowner to cure the alleged defects therein.
(3)
If the submission is made to the Board of Commissioners, the Township Solicitor shall represent and advise it at the hearing or hearings referred to in § 325-119B of this chapter.
(4)
The Board of Commissioners may retain an independent
attorney to present the defense of the challenged ordinance or map
on its behalf and to present their witnesses on its behalf.
(5)
Based upon the testimony presented at the hearing or hearings, the Board of Commissioners or the Zoning Hearing Board, as the case may be, shall determine whether the challenged ordinance or map is defective, as alleged by the landowner. If a challenge heard by the Board of Commissioners is found to have merit, the Board of Commissioners shall proceed as provided in § 325-120B. If a challenge heard by the Zoning Hearing Board is found to have merit, the decision of the Zoning Hearing Board shall include recommended amendments to the challenged ordinance which will cure the defects found. In reaching its decision, the Zoning Hearing Board shall consider the 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 to classes of persons otherwise unlawfully excluded
by the challenged provisions of the ordinance or map;
(c)
The suitability of the site for the intensity
of use proposed by the site's soils, slopes, woodlands, wetlands,
floodplains, aquifers, natural resources and other natural features;
(d)
The impact of the proposed use on the site's
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
(e)
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to public health
and welfare.
(6)
The Board of Commissioners or the Zoning Hearing Board,
as the case may be, shall render its decision within 45 days after
the conclusion of the last hearing.
(7)
If the Board of Commissioners or the Zoning Hearing Board, as the case may be, fails to act on the landowner's request within the time limits referred to in § 325-121C(6) of this chapter, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
D.
The Zoning Hearing Board or Board of Commissioners,
as the case may be, shall commence its hearings within 60 days after
the request is filed unless the landowner requests or consents to
an extension of time.
E.
Public notice of the hearing shall include notice
that the validity of the ordinance or map is in question and shall
have the place where and the times when a copy of the request, including
any plans, explanatory material or proposed amendments, may be examined
by the public.
F.
The challenge shall be deemed denied when:
(1)
The Zoning Hearing Board or Board of Commissioners, as the case may be, fails to commence the hearing within the time limits set forth in § 325-121D of this chapter;
(2)
The Board of Commissioners notifies the landowner
that it will not adopt the curative amendment;
(3)
The Board of Commissioners adopts another curative
amendment which is unacceptable to the landowner; or
(4)
The Zoning Hearing Board or Board of Commissioners,
as the case may be, fails to act on the request 45 days after the
close of the last hearing on the request, unless the time is extended
by mutual consent by the landowner and municipality.
G.
Where, a curative amendment proposal is approved by the grant of curative amendment application by the Board of Commissioners pursuant to § 325-119B of this chapter or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 325-116F of this chapter or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval pursuant to Chapter 268, Subdivision and Land Development, or Article XIV of this chapter. Within the two-year period, no subsequent change or amendment in this chapter, Chapter 268, Subdivision and Land Development, or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of Section 508(4) of the Pennsylvania Municipalities Planning Code[1] shall apply. Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further application under Chapter 268, Subdivision and Land Development, the developer shall have one year within which to file for a building permit. Within the one-year period, no subsequent change or amendment to this chapter, Chapter 268, Subdivision and Land Development, or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.
[1]
Editor's Note: See 53 P.S. § 10508(4).
In order not to unreasonably delay the time when a landowner may secure assurance that the ordinance or map under which he proposes to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may be unavailable, the landowner may advance the date from which time for any challenge to this chapter or Zoning Map will run under § 325-116I(2) of this chapter by the following procedure:
A.
The landowner may submit plans and other materials
describing his proposed use or development to the Zoning Officer for
a preliminary opinion as to their compliance with the applicable ordinances
and maps. Such plans and other materials shall not be required to
meet the standards prescribed for preliminary, tentative or final
approval or for the issuance of a building permit so long as they
provide reasonable notice of the proposed use or development and a
sufficient basis for a preliminary opinion as to its compliance.
B.
If the Zoning Officer's preliminary opinion is that the use or development complies with the ordinance or map, notice thereof shall be published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall include a general description of the proposed use or development and its location, by some readily identifiable directive, and the place and times where the plans and other materials may be examined by the public. The favorable preliminary approval under § 325-116I(2) of this chapter and the time therein specified for commencing a proceeding with the Zoning Hearing Board shall run from the time when the second notice thereof has been published.
Nothing contained in this Article XVI of this chapter shall be construed to deny the appellant the right to proceed directly to court where appropriate, pursuant to the Pennsylvania Rules of Civil Procedure No. 1091 (relating to action in mandamus).
