Barrett Township City Zoning Code
ARTICLE XV
Administration
§ 525-54 Enforcement.
[Amended 4-27-2016 by Ord. No. 187; 8-12-2020 by Ord. No. 198]
A.
The Zoning Officer is hereby authorized and directed to enforce the provisions of this chapter and to institute civil enforcement proceedings when acting within the scope of his employment. Zoning permits shall be secured from the Zoning Officer prior to erection, alteration, or addition to any building, structure or portion thereof and prior to change in use of a building and/or extension of a nonconforming use.
B.
If it appears that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested, in writing, by the owner of record. Enforcement notices shall follow the procedures set forth under Section 616.1(c) of the Pennsylvania Municipalities Planning Code. Appeals of the notice of violation must be filed within 30 days of issuance of the notice.
C.
Where a private sewage disposal system is required, no building permit may be issued until a permit for said private sewage disposal system has been issued.
§ 525-55 Zoning Officer.
A.
Appointment of Zoning Officer. This chapter shall be enforced by the Zoning Officer who shall be appointed by the Board of Supervisors. Said Zoning Officer shall not hold any elective office in the Township. The Zoning 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.
Duties and powers.
(1)
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.
(2)
The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.
(3)
The Zoning Officer shall receive and examine all applications required under the terms of this chapter and shall issue or refuse permits. The Zoning Officer shall issue a written notice of violation to any person, firm, or corporation violating any provisions of this chapter. He or she shall keep records of applications, of permits or certificates issued, of variances granted, of inspections made, of reports rendered and of notice or orders issued and, where applicable, shall identify and register nonconforming uses and structures and shall make all inspections required to determine conformance with this chapter and perform all other duties as called for in this chapter.
§ 525-56 Zoning Hearing Board.
A Zoning Hearing Board is hereby established in accordance with the provisions of the State Act of 1968, P.L. 805, No. 247, as reenacted and amended, the Pennsylvania Municipalities Planning Code.[1] The members of the Board shall be residents of the Township and shall be appointed by the Board of Supervisors to serve for terms as prescribed by law.
A.
Board functions. The Board shall be responsible for the following:
(1)
To hear and decide appeals against any alleged errors or actions of the Zoning Officer.
(2)
To hear and decide all requests for the interpretation of any fact or provision of this chapter.
(3)
To hear and decide all requests for variances.
(4)
To hear and decide all requests for special exceptions in accordance with the standards and criteria set forth in this chapter.
(5)
To hear and decide challenges to the validity of this chapter or Zoning Map or to any procedural questions or defects which are within its jurisdiction.
B.
All findings and decisions of the Board shall be in writing and shall be rendered within 45 days after the last hearing before the Zoning Hearing Board, and if the Board fails to render such a decision, then the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing, to an extension of time.
C.
The Board shall perform such other duties as may be provided or made necessary by this chapter or by State Act of 1968, P.L. 805, No. 247, as reenacted and amended,[2] including the interpretation of zoning boundaries, the holding of hearings after proper notice or the referral of any pertinent matter to the Board of Supervisors and/or Planning Commission for review and recommendations. The Board shall keep a full public record and a summary of the facts in cases over which it has jurisdiction and shall maintain adequate records on its findings and decisions.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 525-57 Variances.
A.
Upon appeal, and after public notice as well as personal notice to appellant, and after a hearing, the Board may grant a variance, provided the following findings are made where relevant in a given case:
(1)
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot, size, or shape, or exceptional topographical or other physical conditions, peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located;
(2)
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 or a variance is therefore necessary to enable the use of the property;
(3)
That such unnecessary hardship has not been created by the appellant;
(4)
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; and
(5)
That 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.
B.
A request for a variance shall be made by way of appeal to the Board from a decision of the Zoning Officer.
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.
§ 525-58 Public hearing and notice.
[Amended 4-27-2016 by Ord. No. 187; 8-12-2020 by Ord. No. 198]
Upon filing with the Board, an appeal, or a request for a variance as required by the terms of this chapter, or for such other purposes as provided herein where the Board deems it in the public interest, the Board shall fix a time and place for a public hearing thereon as follows:
A.
Public notice. By advertising at least once in a newspaper of general circulation in the Township, not less than one week nor more than three weeks in advance of such hearing. By providing notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
B.
Notice to appellant. By mailing a notice thereof by registered mail to the appellant.
C.
Notice to local officials. By mailing a notice to the Township Supervisors and Township Planning Commission.
D.
Notice to interested parties. By mailing a notice thereof to every association of residents of the Township, and any other interested party who shall have registered their names and addresses for this purpose with the Board.
E.
Notice to owner and neighbors. When the Board shall order, by mailing a notice thereof to the owner, if his residence is known, and to the occupant of every lot on the same street within 300 feet of the lot or building in question and of every lot not on the same street within 100 feet of said lot or building, provided that failure to give such notice as specified in this subsection shall not invalidate any action by the Board.
F.
Nature of notice. The notice required shall be posted upon instruction from the Board, and shall state the location of the building or lot in question and the general nature of the question involved.
G.
Conduct of hearings. All hearings shall be conducted in accordance with the following:
(1)
The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record and any other person, including civic or community organizations, permitted to appear by the Board or by Township Supervisors.
(2)
The Board or Township Supervisors shall have power to administer oaths and to issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
(3)
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.
(4)
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(5)
The Board, Township Supervisors or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings.
(6)
The Board, Township Supervisors 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.
(7)
The Board, Township Supervisors 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, Township Supervisors 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 this chapter or of any law, 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. Where the Board, Township Supervisors or the hearing officer, as the case may be, fails to render the decision within the period required by this subsection 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.
(8)
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 no later than the day following the date of the decision. To all other persons who have filed their name and address with the Board or Township Supervisors not later than the last day of the hearing, a brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined shall be mailed.
§ 525-59 Filing fees.
Township Supervisors shall by resolution establish separate filing fees for the following categories of permits.
§ 525-60 Violations and penalties.
A.
Township may initiate appropriate action. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building structure or land is used in violation of this chapter, or of any ordinance or regulation made under authority conferred hereby, the Board or other proper official, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, conversion, maintenance or use, to restrain, correct, or abate such violation within 10 days and to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
B.
Violation punishable. 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 attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. 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 the Magisterial District Judge 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 Judge, and, thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 525-61 Challenge to validity of chapter or map.
A.
A landowner, who desired to challenge on substantive grounds the validity of this chapter or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest, may submit the challenge to the Zoning Hearing Board for a report thereon. The landowner's challenge shall be set forth in a written request to the Board for a hearing. Said request shall contain a short statement reasonably informing the Board of the matters that are at issue and the grounds for the challenge.
B.
The request shall be accompanied by plans and other materials describing the use or development proposed by the landowner in lieu of the use or development permitted by this chapter or map. Such plans and materials shall provide reasonable notice of the proposed use or development and a sufficient basis for evaluating this chapter in light thereof.
C.
The Board shall commence a hearing within 60 days of receipt of the request. Public notice of the hearing shall be given in accordance with § 525-58A hereof, listing the time and place of the scheduled hearing. Said notice shall state that the validity of the chapter or map is in question and shall state the times and location at which a copy of the landowner's request, along with his plans may be examined by the public.
D.
At the hearing, the Board shall take evidence and make a stenographic record. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact.
E.
The Board shall file its report on the validity of the challenge to this chapter within 30 days after the close of the last hearing on the request, unless the time is extended by mutual consent between the landowner and the Board. A written copy of the Board's report shall be made available to the landowner.
§ 525-62 Amendments.
The Township Board of Supervisors, by the affirmative vote of a majority of the members, may from time to time amend, supplement, change, modify, or repeal this chapter, including the Zoning Map, by proceeding in the following manner:
A.
Public hearing. The Board of Supervisors by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment. At least 15 days' notice of the time and the place of such hearing shall be published in at least one newspaper. The notice shall state the general nature of its contents and shall name the place or places where copies of the proposed amendment may be examined.
B.
Review by Planning Commission. In the case of an amendment other than one prepared by the Barrett Township Planning Commission, the Board of Supervisors shall submit each such amendment to the Barrett Township Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations. Furthermore, the Board of Supervisors shall submit each proposed amendment to the Monroe County Planning Commission at least 30 days prior to the hearing on the proposed amendment to provide that Planning Commission an opportunity to submit recommendations. Within 21 days of receipt of the proposed amendment, the Barrett Township Planning Commission shall submit to the Board of Township Supervisors a report in writing with recommendations on the proposed amendment. If the Planning Commission shall fail to file such report within the specified time, it shall be conclusively presumed that the Planning Commission approved the proposed amendment.
C.
Opportunity to be heard. At the public hearing, full opportunity to be heard shall be given to any citizen and all parties in interest.
§ 525-63 Curative amendments.
A.
A landowner who desired to challenge on substantive grounds the validity of this chapter or 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 governing body with a written request that his challenge and proposed amendment be heard and decided by the Board of Supervisors. The curative amendment and challenge shall be referred to the Barrett Township and Monroe County Planning Commissions and shall follow the procedure described in 53 P.S. §§ 10609.1 and 10916.1.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
The request shall be accompanied by plans and other materials describing the use or development proposed by the landowner in lieu of the use or development permitted by this chapter or map. Such plans and materials shall provide reasonable notice of the proposed use or development and a sufficient basis for evaluating this chapter in light thereof. The request shall be accompanied by an amendment to this chapter proposed by the landowner to cure the alleged defects therein.
C.
Public notice of the proposed curative amendment shall be given in accordance with § 525-58A hereof, listing the time and place of the scheduled hearing. Said notice shall state that the validity of this chapter or map is in question and shall state the time and location at which a copy of the landowner's request, along with his plans, may be examined by the public.
D.
At the hearing, the Board of Supervisors shall take evidence and make a stenographic record. At the conclusion of the hearing, the Board of Supervisors shall decide all contested questions and shall make findings on all relevant issues of fact.
E.
The landowner's request for a curative amendment shall be deemed denied when:
(1)
The Board of Supervisors notified the landowner that it will not adopt the amendment;
(2)
The Board of Supervisors adopts another amendment which is unacceptable to the landowner; or
(3)
The Board of Supervisors fails to act on the landowner's request within 30 days after the close of the last hearing on the request, unless the time is extended by mutual consent between the landowner and the Board.
§ 525-64 Conditional use procedures and standards.
All conditional uses permitted in this chapter shall comply with the following procedures and standards.
A.
Application.
(1)
The application shall be submitted in writing to the Township Zoning Officer, on a form to be supplied by the Township, and shall include sufficient information to document compliance with the applicable standards of this chapter. A tentative sketch plan of the proposed development shall also be included.
(2)
The application shall include a fee, which shall be set by resolution of the Board of Supervisors.
(3)
The Township Zoning Officer shall submit one copy of the application to the Monroe County Planning Commission for its advisory review, one copy to the Township Planning Commission, one copy to the Township Board of Supervisors, and other copies to agencies and/or technical consultant whose review may be relevant.
B.
Public hearing.
(1)
The Township Board of Supervisors shall schedule a public hearing within 60 days of the date of application, pursuant to public notice, to consider the proposal.
(2)
The Board of Supervisors shall render a written decision within 15 days of the close of the last hearing. This decision shall be sent by certified mail to the applicant at the address provided on the application form filed with the Township.
(3)
The Township Board of Supervisors shall consider the comments and recommendations of the Township and County Planning Commissions, other advisors, and those present at the public hearing prior to deciding to approve or deny the proposed use.
C.
Standards of approval for conditional uses.
(1)
The applicant shall demonstrate at the public hearing that the proposed use shall not be contrary to the public health, safety, and welfare of the community.
(2)
In particular, the applicant shall demonstrate the adequacy of the proposed vehicular circulation system and other roadway improvements, pedestrian circulation system, utilities, buffering and screening, and protection of floodplain, steep slopes, and other natural features. These requirements are in addition to any other regulations required by this chapter.
(3)
In allowing a conditional use, the Board of Supervisors 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 this chapter.
§ 525-65 Interpretation.
In the interpretation and the application of the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals, and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this chapter imposes greater restrictions upon the use of buildings or premises, or upon the height or bulk of a building, or requires larger open spaces, the provisions of this chapter shall control.
§ 525-66 Severability.
If any section, subsection, sentence, clause, or phase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this chapter. The Board of Supervisors hereby declares that it would have passed this chapter and each section or part thereof irrespective of the fact that any one or more sections or parts thereof be declared invalid.
§ 525-67 Repealer.
All ordinances or parts of ordinance of the Township of Barrett in conflict with this chapter, to the extend of such conflict and no further, are hereby repealed.
§ 525-68 When effective.
This chapter shall take effect immediately upon the adoption hereof.