Cambria Township City Zoning Code
PART 2
ADMINISTRATION
§ 27-201 Purpose.
[Ord. 206, 12/10/2010, § 201]
The purpose of this Part is to define the following administrative provisions: zoning permits, how to get zoning permits, variances, how to get a variance, special exception uses, procedures for obtaining permits for special exception and condition uses, lists the standards that the Zoning Hearing Board is to utilize in determining whether or not to grant a special exception use, how the title is enforced, how landowners may contest the Zoning Officer's determinations, how landowners may dispute the validity of this title and the administrative provisions that are relevant to municipal officials such as the zoning-related duties of the Zoning Officer and Township Boards of Supervisors, and the establishment and conduct of the Zoning Hearing Board.
§ 27-202 Zoning Permits.
[Ord. 206, 12/10/2010, § 202]
1.
When Zoning Permits Are Needed. A zoning permit is needed before a land owner may have a non-sign structure erected, constructed, altered, converted, or moved onto his or her lot; or have a nonconforming, non-sign structure reconstructed, structurally altered, or moved on his or her lot (unless this ordinance specifically states otherwise). Part 6, "Signs," explains when zoning permits are required for signs. No land improvements or other development activities shall be commenced before the involved landowner has a zoning permit for these activities.
2.
Issuance of Denial of Permits. The issuance or denial of zoning permits shall follow the following procedure:
A.
Filing. An application shall not be officially filed until all required information has been submitted per the submittal requirements in the "Administration" Part of this chapter.
B.
Review. The Zoning Officer shall not issue a permit unless it is determined that (1) the proposed development complies with the provisions of this chapter, and (2) the permit meets approvals through the interdepartmental review process established in the "Administration" Part of this chapter.
C.
Decision. If these determinations are made, then the Zoning Officer shall issue a zoning permit. If the Zoning Officer does not act within 30 days after all approvals are received from the interdepartmental review process, then the permit shall be deemed to be issued.
3.
Special Permit Application Requirements for Industrial Zones. In order that the Zoning Officer may have a reasonable basis upon which to approve a proposed industrial operation or an expansion of an existing industrial operation for conformity to the requirements of this chapter, the date required in § 27-204 "Supplemental Zoning Permit Requirements" (Light Industrial Zone) and § 27-204 "Supplemental Zoning Permit Requirements" (General Industrial Zone) shall be submitted with an application for a permit; in addition to the requirements aforementioned for a zoning permit in this section.
4.
The Duration of Zoning Permits. A zoning permit shall expire within six months of the date of issuance if all required permits have not been approved regardless of jurisdiction. If all required permits have not been approved in the specified time period, a permit extension may be requested through the Zoning Hearing Board. In such cases, the zoning permit shall remain valid until the Board renders its decision.
5.
Inspections. In order to determine if the information submitted on or with an application is true and is being adhered to, the Zoning Officer shall have the authority to enter any building, structure, premises, property, or development in the Township at any reasonable hour upon presentation or proper credentials. If the party seeking a zoning permit believes that the denial of a zoning permit was made in error he may appeal the issuance of a zoning permit, as specified in § 27-210, "Appealing the Determination of a Zoning Officer."
6.
Revocation of Permits. If the Zoning Officer discovers that the development does not comply with the approved application or any applicable laws or ordinances, or if the permit fee required by this chapter has not been paid, or if the Zoning Officer determined that an applicant has made any false statements or misrepresentations regarding the development. The Zoning Officer shall revoke the zoning permit and proceed with whatever legal action is necessary to correct the violation.
7.
Permits Issued in Error. Any zoning permit issued in error shall be null and void.
8.
Appeals. The applicant may appeal the denial of a zoning permit, and aggrieved persons may appeal the issuance of a zoning permit, as specified in § 27-210 "Appealing the Determination of a Zoning Officer."
§ 27-203 Vested Rights and Development Changes.
[Ord. 206, 12/10/2010, § 203]
1.
Nothing in this title shall require any change in the development or use of a lot or structure for which a zoning permit was officially filed prior to the effective date of an amendment to this chapter; however, no properties or buildings shall deviate from the plans and other information submitted and approved under prior ordinances. Special exceptions and variance issued under prior ordinances shall become nonconforming uses or structures on the effective date of this chapter and all changes from the original plans shall be treated as changes to nonconforming uses, unless such changes comply with this chapter.
2.
If a zoning permit is issued, the involved development shall not deviate from the plans and other information submitted to the Zoning Officer-or the Township Board of Supervisors in the case of a temporary use and the Zoning Hearing Board in the case of a special exception or variance. Requests for all such approvals shall be submitted in writing to the Zoning Officer.
§ 27-204 Variance.
[Ord. 206, 12/10/2010, § 204]
1.
The regulations of this chapter apply to and are designed to address the conditions of either the entire multi-municipal area or an entire zone. Thus, they are not precisely geared to any one property. The regulations were designed in this manner to avoid unequal, unfair, or arbitrary treatment of different landowners. Because these generalized regulations were not designed with any one property in mind, however, it is possible in a few situations that they could prevent any use of a property. The function of a variance is to provide relief from a provision of this title in order to keep an owner from suffering an "unnecessary hardship" due to that provision.
2.
However, variances should not be given freely. If every landowner or tenant who suffered any kind of a hardship due to the regulations of this chapter were granted a variance, then this chapter would be unable to fulfill its purposes. Thus, Paragraph C, below specifies conditions that the Zoning Hearing Board (§ 27-215) uses to distinguish genuine unnecessary hardships from common inconveniences.
A.
Who May Apply. Any landowner, person with ownership interest or tenant who has the permission of his or her landowner may apply for a variance.
B.
Procedure. A party listed in Paragraph A, above, who wishes to obtain a variance must submit a written application to the Zoning Officer on a form supplied by the Zoning Hearing Board. This application shall specifically cite the provisions of this chapter from which the applicant is seeking relief. After determining that the application is complete, the Zoning Officer shall forward the application to the members of the Zoning Hearing Board. At the involved hearing, the Zoning Hearing Board shall follow the procedure specified in § 27-214, "The Zoning Hearing Board." In granting any variance the Zoning Hearing Board may attach such reasonable conditions and safeguards, as it may deem necessary to implement the purposes of this chapter. Appeals to the Board's decision may be made to the court of common pleas in the judicial district where the involved property is located.
C.
Conditions. The Zoning Hearing Board may only grant a variance when it makes all of the following five findings:
(1)
There are unique and peculiar physical conditions present on the involved property, such as the size, shape, or topography of the involved lot, that were not created by the provisions of this chapter.
(2)
Because of these conditions, there is no possibility that the involved property can be developed in strict conformity with the provisions of this chapter-that if these provisions were rigidly implemented, the property would be virtually unusable and without any economic value.
(3)
This unnecessary hardship was not created by the applicant property owner/tenant or any of his or her predecessors.
(4)
The variance requested, if granted, (1) will not alter the essential character of the involved neighborhood or zoning district, (2) will not substantially or permanently impair the appropriate use or development of any adjacent properties, and (3) will not be detrimental to the public welfare.
(5)
The variance, if granted, will be the smallest possible modification of the involved regulation that will provide relief from this regulation.
(6)
The variance, if granted, does not permit the use of the land to change.
§ 27-205 Special Exceptions.
[Ord. 206, 12/10/2010, § 205]
1.
Within the Central Cambria municipalities generally, or within certain zoning districts, certain uses specified in this chapter are appropriate for certain zoning districts only if adequate precautions are taken to assure that they do not generate adverse impacts and to assure that they comply with the purpose of the zoning district and this chapter. These uses are of such a nature that the heightened scrutiny of special and intensive review is required to determine whether they should be permitted in specific locations, and if any special conditions and safeguards should be applied if a special exception permit is granted.
2.
It is important to note that special exceptions are not deviations from this chapter or its purposes listed in § 27-201, "Purpose." These uses are both envisioned by this chapter and-if the location and operation standards prescribed by this Part are followed-permitted by this chapter.
3.
A "special exception" is a permission granted to an applicant to use land in a zoning district for a purpose or land use that is not permitted outright (i.e., that is not a permitted principal or accessory use) in that district. Special exceptions are utilized by this chapter because merely allowing and not allowing land uses is too narrow for sound planning in some zones. Some land uses fall in between what is consistent and what is not consistent with a zone's planned way of life. Furthermore, some uses should be located in a zone, but should be very carefully sited or controlled in order to protect the zone's overall quality of life. Establishing a special exception system for the Central Cambria Municipalities that allows such land uses in appropriate zones, subject to location and operation standards that are to protect the quality of life in those zones, is the general purpose of this section.
4.
Procedures for granting special exceptions permits as provided herein are intended to assure that such review is made on the basis of findings of fact, that due process is assured, and appropriate conditions and safeguards are attached if warranted by the findings of facts. Such conditions shall be based upon the standards in this chapter. Special exception permit procedures shall be applied, and such permits granted, only as specified in this chapter.
§ 27-206 The Procedure for Obtaining a Special Exception.
[Ord. 206, 12/10/2010, § 205-A]
1.
The procedure that an applicant is to use in obtaining a special exception is provided in this section. The standards that the Zoning Hearing Board is to use in determining whether or not a special exception should be granted to the applicant are provided in the Sections of Part 4 that pertain to the applicant's property. This Part and its regulations only apply to land uses that are proposed to be established in a zone where those uses are allowed only as special exceptions.
2.
All applications for special exceptions shall be made according to the following rules:
A.
Who May Apply. Any landowner, ownership interest or tenant with the written permission of his or her landowner may apply for a special exception.
B.
Permitted Land Uses. The only land uses that may be permitted through a special exception are those that are expressly permitted as special exceptions for the involved zone as listed within the Sections of Part 5, "Zone Provisions," that pertain to the applicants property or other parts of this chapter.
C.
Applications.
(1)
Any one of the aforementioned parties who wishes to establish a land use that is permitted in the involved zoning district as a special exception shall file an application with the Zoning Officer on forms and with supporting material as required by the rules of the Zoning Hearing Board. The Zoning Officer or designee shall establish an agenda for public hearing, cause notice of the time and place of the public hearing to be published, and give notice to parties in interest as proscribed in § 27-214, "The Zoning Hearing Board." Within five days of receiving an application for a special exception, the Township Secretary shall forward a complete copy of the application to the Zoning Hearing Board.
(2)
An application for a special exception shall not be considered complete unless it provides adequate levels of information enabling the Zoning Hearing Board to determine if the proposed land use meets the standards given for that use under the Sections of Part 5, "Zone Provisions," that pertain to the applicants property.
D.
Procedure.
(1)
The procedure that the Zoning Hearing Board is to use in deciding whether or not to grant a special exception is given in § 27-214D, "The Zoning Hearing Board."
(2)
In granting any special exceptions, the Zoning Hearing Board shall state in said approval lighting requirements, sign restrictions, parking requirements, operating hours and any other reasonable conditions and safeguards it may deem necessary to implement the purposes of this chapter.
E.
Burdens of Proof. In special exception hearings, the burden of proof shall be on the applicant to prove that his or her proposed use meets the standards prescribed for it by the Sections of Part 5, "Zone Provisions," that pertain to the applicant's property.
F.
Conditions. In granting a special exception, the Zoning Hearing Board may attach reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter (see § 27-102, "Purpose"). Such conditions shall "run with the land," and shall not be tied solely to a particular landowner. If a condition is violated subsequent to the grant of a special exception, it shall be enforced according to the provisions of § 27-207, "Enforcement."
G.
Appeals. The decision of the Zoning Hearing Board regarding a special exception application may be appealed to the relevant court of common pleas.
§ 27-207 Enforcement.
[Ord. 206, 12/10/2010, § 206]
1.
The purpose of § 27-208 is to prescribe procedures that will effectively enforce the provisions of this chapter while (A) protecting the legal rights of landowners, and (B) adhering to the rules for zoning ordinance enforcement that are established in the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247, 53 P.S. § 10101 et seq., as reenacted and amended through 2001). These procedures apply to situations in which a person, partnership, or corporation, reconstructs, repairs, alters, maintains, establishes, or uses a structure, sign, building, lot, or land use in a manner that violates one or more of the provisions of this chapter. In other words, these procedures apply to situations involving an illegal structure, sign, lot, or use. They do not apply to situations involving a structure, sign, lot, or use that is a nonconformity (as defined in Part 3, "Nonconforming Buildings and Uses") or that has a variance (as defined in Part 2, § 27-204, "Variances").
2.
In Pennsylvania, zoning ordinances are enforced through legal proceedings. These proceedings may be instituted by the following groups of people:
A.
The Board of Supervisors.
B.
The Zoning Officer of the Township.
C.
An aggrieved party who would be substantially affected by the alleged violation.
3.
The procedure that is to be used by the first two of these groups is discussed under Paragraph A below. The procedure that is to be used by aggrieved parties is discussed under Paragraph B below.
A.
Township Enforcement Procedure. If it appears to the municipalities that a violation of this chapter has occurred, then enforcement proceedings shall be instituted as described below:
(1)
Before any other enforcement actions begin, the Zoning Officer shall send enforcement notice to the following parties:
(a)
The owner of record of the parcel on which the violation has occurred.
(b)
Any person who has filed a written request to receive enforcement notices regarding the involved parcel.
(c)
Any person that the owner requested, in writing, to receive a copy.
(2)
Each enforcement notice required by this section shall contain:
(a)
The name of the involved landowner and any other persons against whom the Township intends to take action.
(b)
The location of the property in violation.
(c)
A description of the specific violation involved.
(d)
Citations and descriptions of the specific provisions of this chapter which have been violated.
(e)
The date before which the steps for compliance must be commenced, as well as the date before which these steps must be completed.
(f)
A statement noting that the recipient has the right to appeal the enforcement notice to the Zoning Hearing Board within 30 days, and that failure to comply with the notice within the time specified-unless it is extended by appeals-constitutes a violation of this chapter, with possible sanctions clearly described.
(3)
In a Zoning Hearing Board hearing where an enforcement notice is appealed, the Township shall present its evidence against the appellant first.
(4)
Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to that party by the Township if the Board or any court in a subsequent appeal rules in the appellant's favor.
(5)
After all necessary enforcement notices are sent as required above, the Board of Supervisors, or, acting with Board of Supervisor's approval, officers of the Township, as well as certain aggrieved parties, may institute civil proceedings with the appropriate district justice to enforce the provisions of this chapter-and to prevent, restrain, correct, or abate an illegal structure, sign, lot, or land use. Any person, partnership, or corporation who has violated or permitted the violation of this chapter shall, upon being found liable in a civil enforcement proceeding, pay a judgment of not more than $500 plus all court costs-including all reasonable attorney fees incurred by the Township. No penalties shall be imposed on the liable party until the date of the determination of a violation by the involved district justice. If the liable party neither pays nor appeals the judgment in a timely manner, the Township shall enforce the judgment pursuant to the applicable rules of civil procedure.
(6)
Each day that a violation continues shall constitute a separate violation, unless the district justice finds that there was a good faith basis for the liable party to have believed that there was no such violation. In this situation, there shall be only one violation until the 5th day following the date of the determination of a violation by the district justice after which each day that the violation continues shall constitute a separate violation.
(7)
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.
B.
Aggrieved Party Enforcement Procedure. Aggrieved parties may file an equity action in court (i.e., not with the district justice) to enforce the provisions of this chapter-and prevent, restrain, correct, or abate an illegal structure, sign, lot, or land use. Such parties may file such an action only after serving notice to the Township of Cambria at least 30 days in advance. This notice is to allow the Township time to investigate the situation and to issue an enforcement notice, if warranted.
§ 27-208 Procedural Challenges.
[Ord. 206, 12/10/2010, § 207]
1.
The Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., specifies procedures that are to be used to adopt and amend this chapter. These procedures are designed to offer ample opportunities for public participation and to make the ordinance as fair as possible. It is feasible, however, that this ordinance or any one of its amendments was not adopted according to these procedures, and thus, is procedurally flawed. The purpose of this section is to give landowners and other parties aggrieved by such a flaw-as well as officers and agencies of the Township itself-a process through which they may challenge the procedural validity of the ordinance or amendment. This process may be used to guarantee adequate public participation and fairness in the adoption process, and to overturn any unfair ordinances or amendments.
A.
Where Procedural Challenges May Be Heard. The parties named in § 27-207, "Enforcement," may file a procedural challenge with either the relevant court of common pleas or the Zoning Hearing Board. Procedural challenges taken to the Zoning Hearing Board may have to follow the rules established by § 27-211, "Time Limitations," and the Board shall hear all such challenges according to the procedure given in § 27-214, "The Zoning Hearing Board."[1]
[1]
Note that the Zoning Hearing Board's decision may be appealed to the relevant court of common pleas.
B.
Time Limitations. All such challenges shall be raised by an appeal taken within 30 days of the effective date of enactment for the involved ordinance or amendment.
§ 27-209 Substantive Challenges.
[Ord. 206, 12/10/2010, § 208]
1.
The Constitution of the United States, the Constitution of the Commonwealth of Pennsylvania, and various Federal and State laws limit what this chapter may regulate-so that the rights and property of Ebensburg Borough, Cambria Township, and Jackson Township's citizens and neighbors are protected. It is feasible, however, that one or more of this chapter's provisions violate these laws-and are thus, substantively flawed.
2.
The purpose of this section is to give landowners and other parties aggrieved by such a flaw-as well as officers and agencies of the Township itself-a process through which they may challenge the substantive validity of the involved provision. This process may be used to insure that this chapter respects the laws of the United States and the Commonwealth, as well as to overturn any illegal or unconstitutional provisions.
3.
A party named above who wishes to challenge the substantive validity of this chapter has the following two choices. A person or party who wishes to challenge the substantive validity of this chapter because he or she is aggrieved by a use or development permitted on another person's land must initially select Paragraph B. However, all of the other named parties are free to choose from either option.
A.
Applying to the Board of Supervisors for a "landowner curative amendment."
B.
Requesting that the Zoning Hearing Board hear a substantive validity challenge.
4.
Landowner curative amendments and substantive validity challenges are essentially the same type of appeal-with some minor procedural differences. A validity challenge must be in writing and contain reasons for the challenge, but unlike the curative amendment, does not have to contain materials describing the proposed development or amendments.
A.
Landowner Curative Amendments. Applications for a landowner curative amendment shall be governed by the rules outlined below:
(1)
All such applications shall be made to the Zoning Officer, who shall forward them to the Board of Supervisors. These applications may be subject to the time limitations of § 27-211, "Time Limitations."
(2)
All such applications shall be made in writing, and shall contain the following:
(a)
The reasons why the Chapter should be amended as proposed.
(b)
Plans and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development allowed by this chapter (these plans must be of sufficient quality and detail to allow an evaluation of this ordinance in light of the proposed use or development).
(c)
The amendment or amendments that the landowner proposes to cure the alleged defects in this chapter.
(d)
The Board of Supervisors shall hear and decide on applications for landowner curative amendments as required in § 27-214, "The Township Board of Supervisors."
(e)
Appeals to the elected official's decision shall be taken to the court of common pleas in the judicial district where the involved property is located.
B.
Substantive Validity Challenges. Requests for a hearing before the Zoning Hearing Board on a substantive validity challenge to this chapter shall be governed by the rules below.
(1)
All such requests shall be made to the Zoning Officer, who shall forward them to the Zoning Hearing Board. These applications may be subject to the time limitations of § 27-211, "Time Limitations."
(2)
All such requests shall be made in writing, and shall contain the reasons for the involved challenge.
(3)
The Zoning Hearing Board shall decide (a) whether or not to hear such a request, and (b) whether or not to grant such a request according to the requirements of § 27-213, "The Zoning Hearing Board."
(4)
Appeals to the Zoning Hearing Board's decision shall be taken to the court of common pleas in the judicial district where the involved property is located.
(5)
When (a) a landowner curative amendment proposal is approved by the Board of Supervisors, (b) a substantive validity challenge is sustained by the Zoning Hearing Board, or (c) the relevant court sustains either of these actions in a final appeal, the involved developer may (d) file a subdivision application within two years and (e) apply for a zoning permit within one year without losing the rights granted to him in the relevant validity challenge to a subsequent change or amendment in any land use ordinance.
§ 27-210 Appealing the Determination of the Zoning Officer.
[Ord. 206, 12/10/2010, § 209]
1.
Any landowner or party who is affected by a zoning-related determination of the Zoning Officer may appeal this determination to the Zoning Hearing Board. Such appeals may concern (but are not limited to):
A.
The granting or denial of any permit, including a failure to act on the application.
B.
The issuance of any enforcement notice via § 27-206, "Enforcement."
C.
The registration or refusal to register any nonconforming use, structure, or lot.
2.
Time limitations may be placed on such appeals by § 27-211, "Time Limitations." The Zoning Hearing Board shall hear all such appeals according to the provisions of § 27-214, "The Zoning Hearing Board."
§ 27-211 Time Limitations.
[Ord. 206, 12/10/2010, § 210]
1.
If the period of time in which a landowner could file an appeal concerning a decision that was adverse to his or her proposed use or development was unlimited, then the difficulty and costs of enforcing this chapter could become prohibitively high. Likewise, if the period of time in which a party who opposed this proposed use or development could file an appeal concerning a decision that approved the use or development was unlimited, then the costs of development could become prohibitively high. The purpose of this section is to avoid both of these situations by limiting the amount of time that both landowners and aggrieved parties have to file for a hearing before the Zoning Hearing Board or (where applicable) the Township Board of Supervisors when a proposed use or development is involved.
2.
The rules of this section, which are listed in the following Subsection 3, "Time Limitation Rules," only apply to:
A.
A landowner who wishes to appeal a determination by the Zoning Officer not to grant a zoning permit for his or her proposed construction, reconstruction, alteration, or other physical development (see § 27-202, "Zoning Permits").
B.
An aggrieved party who wishes to appeal a determination by the Zoning Officer to grant a zoning permit to another party's proposed construction, reconstruction, alteration, or other physical development (see § 27-202, "Zoning Permits").
C.
A landowner or an aggrieved party who wishes to appeal a determination by the Zoning Officer concerning the nonconforming status of a structure, land use, or lot (see Part 3, "Nonconforming Buildings and Uses").
D.
A landowner who wishes to contest the Zoning Officer's issuance of enforcement notice for his or her property (see § 27-206 "Enforcement").
E.
A landowner who wishes to reverse or limit a determination that (1) was made by the Zoning Officer according to the provisions of this chapter, and (2) opposes the landowner's proposed use or development,[1] by challenging the procedural or substantive validity of this chapter before either the Zoning Hearing Board or (where applicable) Board of Supervisors (see § 27-208, "Procedural Challenges," or § 27-209, "Substantive Challenges").
[1]
Such a determination might involve the refusal of a zoning permit or a grant of nonconformity status.
F.
An aggrieved party who wishes to reverse or limit a determination that (1) was made by the Zoning Officer according to the provisions of this chapter, and (2) approves a proposed use or development on another party's land by challenging the procedural or substantive validity of this chapter before either the Zoning Hearing Board or (where applicable) Board of Supervisors (see § 27-208, "Procedural Challenges," or § 27-209, "Substantive Challenges").
3.
Time Limitations.
A.
If the reason behind a hearing before either the Zoning Hearing Board or Board of Supervisors is to reverse or limit the Zoning Officer's "determination"[2] of a third party's proposed use or development in any manner,[3] then the request for that hearing must be filed no later than 30 days after the involved approval was given. If the person filing such a request has succeeded to his or her interest after the involved approval was given, then he or she shall be bound by the knowledge of his predecessor in interest.
[2]
A "determination" might be the issuance of a zoning permit or the grant of nonconformity status.
[3]
This includes procedural or substantive validity challenges. In these cases, the thirty-day period shall begin when the proposed construction, reconstruction, alteration, or other physical development receives its zoning permit.
B.
All appeals from decisions[4] that are adverse to the involved landowner shall be filed with the involved body within 30 days of the notice of this decision.
[4]
Such a "decision" might be the issuance of an enforcement notice or the denial of a zoning permit or nonconformity status.
§ 27-212 Appeals to Court.
[Ord. 206, 12/10/2010, § 211]
The final adjudication of any Township officer or body is appealable to the court of common pleas of the involved property's county and judicial district. Nothing in this chapter shall be construed to deny an appellant the right to bypass either the Zoning Hearing Board or Board of Supervisors, and proceed directly to court-where appropriate. Furthermore, nothing in this chapter shall be construed to deny the right to bypass the procedures for challenging the procedural or substantive validity of this chapter that are given in this Part.
§ 27-213 The Zoning Officer.
[Ord. 206, 12/10/2010, § 212]
1.
A Zoning Officer shall be appointed in accordance with the administrative code of the Township of Cambria, As such, he or she is a non-elected member of the Township's executive branch. The Zoning Officer is hereby given the duty, power, and authority to enforce the provisions of this chapter as provided for in § 27-213, "The Zoning Officer," are in accordance with requirements of this chapter, record and file all applications for permits with accompanying plans and documents, may identify and register all nonconforming uses and nonconforming structures, and make such reports as may be required. All documents, applications, permits and certificates required by and issued during the enforcement of this chapter shall be permanently maintained by the Zoning Officer.
2.
The provisions of this section only apply to the Zoning Officer and the parties with which he or she comes into contact.
A.
Appointment. A Zoning Officer shall be appointed by the Township Board of Supervisors to administer this chapter. This officer shall:
(1)
Not hold any elected offices within the Township.
(2)
Meet qualifications established by the Township.
(3)
Be able to demonstrate to the satisfaction of the Township Board of Supervisors a working knowledge of municipal zoning.
(4)
Be familiar with both this chapter and the Central Cambria Coalition Multi-Municipal Comprehensive Plan.
B.
Powers. The Zoning Officer shall enforce this chapter in accordance with its literal terms. He or she shall not have the power to permit any construction, use, or change of use which does not conform to the provisions of this chapter.
C.
Duties of the Zoning Officer.
(1)
The Zoning Officer shall receive, process, file copies of, and make decisions on all applications for zoning permits as required by § 27-202, "Zoning Permits." Where such a permit is denied, the Zoning Officer shall inform the applicant, in writing, of the basis for this denial, including a reference to the specific ordinance section.
(2)
The Zoning Officer shall receive, process, file copies of, forward, and schedule hearings for all applications for hearings before the Zoning Hearing Board.
(3)
The Zoning Officer shall send enforcement notices to alleged violators of this chapter as specified in § 27-207, "Enforcement." Such notices shall be sent via certified mail, return receipt requested, or personally served to provide proof that the notice was received.
§ 27-214 The Zoning Hearing Board.
[Ord. 206, 12/10/2010, § 213]
1.
The Zoning Hearing Board of the Township of Cambria is a quasi-judicial body within the municipal government. It has no legislative power, has no enforcement power, and cannot make or modify zoning policy. It is instead a judicial-like body that helps to assure fair and equitable application and administration of this chapter. The purposes of this section are to establish the Board, outline its duties, and prescribe procedures that it is to use in fulfilling its duties.
2.
Subsection 4A of this section explains how the Board is to be established, while Subsection 4B details how its members may be removed. Subsection 4C explains how the Board is to be organized and provides some guidance concerning how it is to operate. Subsection 4D discusses how the Board may spend money. Subsection 4E lists the duties of the Board, and provides some rules on how these duties are to be carried out. Subsection 4F notes that the Board's decisions may be appealed to the relevant court of common pleas.
3.
The Zoning Hearing Board must use the same procedure in each of its hearings -regardless of which one of its duties from Subsection 4E that hearing falls under. Throughout this chapter, provisions that concern the Zoning Hearing Board have remarked that it is to hear the involved case.
4.
The provisions of this section only apply to the Zoning Hearing Board and the parties with which it comes into contact.
A.
The Formation of the Zoning Hearing Board.
(1)
The Zoning Hearing Board of the Township of Cambria shall consist of three residents of the Township, appointed by Board of Supervisors via a resolution. Each member's term of office shall be three years, and shall be fixed so that the term shall expire each year. Members of the Zoning Hearing Board shall hold no other office in the Township government.
(2)
The Board of Supervisors may also appoint by resolution from one to three residents of the Township to serve as alternate members of the Board. The term of office of an alternative member shall also be three years. When an alternative is seated on the Board (see Paragraph C below), he or she shall be entitled to participate in all proceedings to the same extent as any other member of the Board. However, alternates shall not be entitled to vote as a member of the Board or be compensated unless they have been designated as a voting alternate member as required by Paragraph C below. Alternates shall also hold no other office in the Township government.
B.
The Removal of Zoning Hearing Board Members. Any 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 Supervisors. However, the member must receive notice of the intent to take such a vote at least 15 days before the actual vote is taken, and he or she may request that a hearing be held in connection with the vote.
C.
The Organization of the Board.
(1)
The Zoning Hearing Board shall elect officers from its own membership. Such officers shall serve annual terms and may succeed themselves.
(2)
For the conduct of any hearing and the taking of any action or votes, a quorum shall be no less than a majority of all of the members of the Board.
(3)
If, for reasons of absence or disqualification, a quorum is not reached, the chairman of the Board shall designate enough alternates as voting alternative members to reach the quorum. Any alternate so designated shall continue to serve on the Board in all proceedings involving the matter or case for which he or she was designated until the Board has made a final determination on that matter or case. Such designations shall be made on a rotating basis among all alternates on the order of declining seniority.
(4)
Tie votes shall be interpreted as maintaining the status quo in the matter at hand. For instance, special exceptions are denied when the Board is tied.
(5)
The Board may make, alter, and rescind rules and forms for its procedure, consistent with the requirements of this ordinance and the laws of the Commonwealth of Pennsylvania. The Board shall keep full public records of its business,[1] and shall submit a report of its activities to Board of Supervisors if requested.
[1]
Such records shall be the property of the Township.
D.
The Duties of the Zoning Hearing Board. The Board's duties shall be as follows. All hearings conducted in pursuit of these duties shall be held according to the rules below:
(1)
The Board shall hear substantive challenges to the validity of this chapter and its amendments in accordance with § 27-208, "Substantive Challenges."
(a)
Based on the testimony presented at the hearing or hearings, the Board shall determine whether the challenged ordinance, ordinance provision, or map is defective as alleged by the applicant. If the challenge is found to have merit, then the final decision of the Board shall include recommended amendments to the challenged ordinance which will cure the involved defects.
(b)
In reaching its decision on a substantive challenge to validity of this chapter or its amendments, the Board shall consider:
1)
The impact of the proposal on 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 on 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 the Chapter or map.
3)
The suitability of the site for the intensity of use proposed, considering 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.
5)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(c)
The challenge shall be deemed to be denied if the Board (1) fails to commence the hearing within 60 days, or (2) fails to act on the application within 45 days of the close of the last involved hearing. In the latter two of these cases, the involved time limit may be extended by mutual consent of the applicant and the municipality. If no such consent is reached, the challenge shall be denied on the day after the last day that the Board could have taken the involved action.
(2)
The Board shall hear procedural challenges to the validity of this chapter or one of its amendments in accordance with § 27-207, "Procedural Challenges."
(3)
The Board shall hear appeals from the zoning-related determinations of any municipal officer-including the Zoning Officer-in accordance with § 27-209, "Appealing the Determination of the Zoning Officer."
(4)
The Board shall hear appeals from the determinations of the municipal engineer with reference to any floodplain provisions of any land use ordinance.
(5)
The Board shall hear applications for variances in accordance with § 27-204, "Variances."
(6)
The Board shall hear applications for special exceptions in accordance with § 27-205, "Special Exceptions." In granting a special exception, the Board may attach any reasonable conditions and safeguards, as it may deem necessary to implement the purposes of this chapter.
(7)
The Board shall hear applications to expand a nonconforming land use or to change one nonconforming land use to another in accordance with Part 3, "Nonconforming Buildings and Uses."
(8)
For land uses not listed under any "Permitted Use," "Special Exception," Section of Part 5 ("Zone Provisions"), the Board shall determine (a) which zoning districts they shall be allowed in, (b) how they shall be allowed in those districts (i.e., as permitted principal uses, permitted accessory uses, etc.), and (c) which Sections of the remainder of this chapter apply to them. The Board may ask the Planning Commission for a recommendation on these matters.
(9)
The Board shall hear all other applications and appeals that are assigned to it by this chapter or the laws of the Commonwealth of Pennsylvania.
E.
Appeals. All decisions rendered by the Zoning Hearing Board may be appealed to the court of common pleas of the judicial district where the involved land is located; so long as these appeals are filed no more than 30 days after the Board renders its decision.
F.
Procedure. In fulfilling its duties listed under Paragraph E above, the Board shall follow the rules and procedures specified for it by the table below:
(1)
Time Limitations.
(a)
Each hearing that is to be held shall begin within 60 days of the date that the request for that hearing was filed.
(b)
The Zoning Hearing 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 of the end of the hearing.
(c)
If the hearing is conducted by a hearing officer (see Paragraph C above), and there has been no stipulation that his or her decisions or findings are final, the Zoning Hearing Board shall make his or her report and recommendations available to all of the involved parties within 45 days of the end of the hearing. The parties are then entitled to make written responses to this report. The Zoning Hearing Board shall make a final decision after reading these responses, but no later than 30 days after the Hearing Officer's report is issued.
(d)
Where the Zoning Hearing Board fails to render this decision within the required period, or where the Board fails to hold the hearing within the required period, the decision shall be deemed to have been rendered in favor of the applicant or appellant (as the case may be)- unless either (1) the applicant/appellant has agreed in writing or on the record to an extension of time, or (2) the hearing concerns a challenge to the substantive validity of the ordinance[2] (see § 27-209, "Substantive Challenges"). When a deemed decision is rendered, the Board shall give notice of this-within 10 days of the last day that it could have met to render a decision-to the parties and at the locations listed under "Required Public Notice" below. If the Board fails to provide such notice, the applicant/appellant may do so. Protesting or aggrieved parties cannot obtain a deemed decision.
[2]
Where the Zoning Hearing Board fails to commence a hearing on the substantive validity of the Chapter within 60 days of the involved request, or where the Board fails to act on such a hearing within 45 days of its closure, the challenge shall be deemed to be valid.
(2)
Required Public Notice.
(a)
The Secretary shall publish a notice containing the information listed under "Contents of Required Public Notice" below shall be published once each week for two successive weeks in a newspaper of general circulation in the Township. The first of these publications shall not be more than 30 days before the date of the hearing, and the second shall not be less than seven days before the date of the hearing.
(b)
Written notice shall be provided by the Zoning Officer and mailed to (1) the applicant, (2) the Planning Commission, (3) all residents and owners of contiguous properties to the subject site, (4) any party that has requested such notice and (5) conspicuously posted on the involved tract of land at least one week prior to the hearing. The timing and manner of this notice shall follow rules adopted by the Zoning Hearing Board.
(3)
Contents of the Required Public Notice.
(a)
The required notice shall be written by the Zoning Officer in plain language and shall state that the Zoning Hearing Board of the Township of Cambria will hold a public hearing on the appropriate date, at the proper timing, and pertinent location.
(b)
The name of the applicant or appellant (as the case may be) shall be given, as well as the nature of the hearing for which a permit is sought, and where and when written comments will be received concerning the request. The notice shall also state that the Township of Cambria shall promptly make a copy of the application and supporting documentation available for inspection by an interested person at the Township Building.
(c)
The location or locations of the involved property or properties shall be provided.
(d)
All applicable sections of the Chapter shall be cited.
(e)
If the involved hearing involves a substantive challenge to the validity of this chapter or one of its amendments, then the notice shall state that the validity of the Chapter is being questioned.
(f)
The following statement shall be included: "All persons having an interest in these matters are encouraged to attend this meeting. Persons with a disability who wish to attend this hearing and require an auxiliary aid, service, or other disability accommodation to participate in the proceedings can be accommodated by contacting the Township office.
(g)
The date of the publication shall be given.
(4)
Stays of Proceedings.
(a)
An appeal to the Zoning Hearing Board automatically stops all affected land development. However, if the Zoning Officer certifies that such a halt would cause an imminent danger to life or property, then the development may be stopped only with a restraining order granted by the Zoning Hearing Board or by any court with competent jurisdiction- following notice to the Zoning Officer.
(b)
An applicant or appellant may petition a court of competent jurisdiction to force those contesting an authorized permit or approval to either post bond or drop their appeal. The burden of proof shall be on the applicant/appellant to prove that the appeal is frivolous. If the party contesting an authorized permit or approval refuses to post bond as ordered by the involved court, appeals to an appellate court, and loses, then that party is liable for all reasonable costs, expenses, and attorney fees incurred by the applicant in the hearing.
(c)
The parties to the hearing shall be (1) the Township, (2) any person affected by the application or appeal who has made timely appearance of record before the Board, and (3) any other person- including civic or community organizations-permitted to appear by the Board. The Board may require that everyone who wishes to be considered a party to a hearing fill out a form that asks (1) the person's name and address, (2) who he or she is representing, and (3) whether or not he or she desires a copy of any final decision in the case.
(5)
Fees.
(a)
Through a separate resolution, the Board of Supervisors may prescribe reasonable fees for a Zoning Hearing Board hearing which may include (1) compensation for the secretary and members of the Board, (2) public notice and advertising costs, (3) necessary administrative overhead connected with the hearing, and (4) one-half the cost of a stenographer.
(b)
The cost of the original transcript shall be paid by the Board if the original is ordered by the Board or the Hearing Officer, and shall be paid by the applicant/appellant if he or she orders it.
(c)
Additional copies shall be paid for by the parties requesting them. Fees may not compensate for the legal expenses of the Board. Furthermore, fees may not be used to compensate engineering, architectural, planning, or other technical consultants or expert witnesses.
(6)
The Zoning Hearing Board's Solicitor.
(a)
The Zoning Hearing Board may hire its own solicitor.
(b)
The Zoning Hearing Board's solicitor shall be a different person, and shall be from a different law firm, than the Township's Solicitor.
(7)
Conducting the Hearing.
(a)
Either the Zoning Hearing Board or a hearing officer (see Paragraph C above) shall conduct all hearings.
(b)
A stenographic record that conforms with civil trial transcripts must be taken in all hearings. Furthermore, written minutes shall be taken of all Board meetings. The substance of all official actions, the names of people who appear officially, and the subject of their testimony must be recorded.
(c)
Each party has the right to be represented by counsel, to present and respond to evidence, and to cross-examine adverse witnesses on all relevant issues.
(d)
The chairman of the Zoning Hearing Board (if a hearing officer has not been appointed) or the hearing officer (if one has been appointed, see Paragraph C above) has the power to administer oaths and issue subpoenas to compel both the attendance of relevant witnesses and the production of relevant papers. All testimony should be affirmed, as unaffirmed statements do not constitute legal evidence to make a record.
(e)
Formal rules of evidence do not apply to hearings. However, the Zoning Hearing Board may exclude any irrelevant, immaterial, or unduly repetitious evidence. Hearsay evidence, if not objected to, may be given its natural probative value. Yet, the Board has the power to reject even uncontradicted testimony if it finds this testimony to be lacking in credibility.
(f)
In the time following the beginning of a hearing and prior to a rendering of the decision or findings, the Board shall not communicate with any party or party representatives unless all parties are given an opportunity to participate. No communication, reports, staff memoranda, or other materials-except advice from the Board's own solicitor-may be accepted or noticed by the Board unless all parties are given an opportunity to contest that information. The Board should not inspect the involved site or its surroundings during the hearings unless all parties are given an opportunity to be present. Any reports by the Zoning Officer shall be filed with all involved parties.
(g)
A case should not be postponed to a later date without substantial or compelling reasons, especially if the issue is of great concern and has attracted an audience. However, where (1) a new issue is raised for the first time at a hearing, and (2) the applicant/appellant had no notice of this issue, the hearing should be continued at a later date to give the applicant/appellant an opportunity to react properly. When a case is continued at a second hearing, a notice shall be prominently posted at the hearing site, and all involved parties must be notified.
(8)
Mediation.
(a)
Mediation is "a voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable" (from the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.). Mediation is intended to supplement, but not replace, the procedures for Zoning Hearing Board hearings specified here. It can provide a potentially less costly mechanism for resolving land use disputes, as well as a less polarized process.
(b)
In no case may the Zoning Hearing Board initiate mediation or participate as a mediating party.
(c)
Participation in mediation must be voluntary, and the involved parties must agree to (1) funding, (2) the selection of a mediator, (3) the completion of mediation (including the time limits for such a completion), (4) the suspension of the time limits authorized by this ordinance and the Pennsylvania Municipalities Planning Code,[3] (5) the identification of all parties, (6) the determination of whether some or all sessions shall be open or closed, and (7) the issuance of mediation solutions in writing, subject to review and approval by the decision making body.
[3]
The suspension of these time limits must be agreed to in writing by the involved parties, and by both the applicant/appellant and the municipality (not the Zoning Hearing Board) — Even if neither one of these two is a party to the mediation.
(d)
No offers or statements made in the mediation sessions, excluding the final written mediated agreement, can be admissible as evidence in any subsequent judicial or administrative proceedings.
(9)
Making a Decision.
(a)
The decision or, where no decision is called for, the findings shall be made by the Zoning Hearing Board. However, the applicant/appellant and the Township may agree before this decision to waive this and instead accept the decision or findings of the Hearing Officer as final (if a hearing officer has been appointed).
(b)
In voting on a final decision, the vote cast by each member of the Board (or the hearing officer, where appropriate) shall be made publicly.
(c)
Where an application or appeal is contested or denied, the resulting decision must be accompanied by a finding of fact, the conclusions based on these facts, and the reason that such conclusions were drawn. This will show that the decision was reasoned, and not arbitrary. References to any provisions of any ordinance, rule, or regulation relied on for any conclusion must be made, along with the reason that the conclusion is appropriate for the particular case at hand.
(d)
Even where an application or appeal is not contested, the resulting decision should be accompanied by a statement of findings or an opinion that is detailed enough to substantiate the Zoning Hearing Board's decision.
(e)
A copy of the final decision, or where no decision is called for, the findings must be delivered or mailed to the applicant/appellant no later than the day after the date of the report.
(f)
All other parties to the hearing, as well as all of the parties that are listed under "Required Public Notice" above, shall be sent a brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
§ 27-215 The Township Board of Supervisors.
[Ord. 206, 12/10/2010, § 214]
1.
The Board of Supervisors of Cambria Township are the chief governing body of the Township, and is the only body that can set the Township's zoning policy. The Board of Supervisors of course, has many duties. The purpose of this section is to address only Board of Supervisors zoning-related duties — outlining these duties and prescribing the procedures that the Board of Supervisors to use in fulfilling them.
2.
Subsection 4A of this section lists the Board of Supervisor's major duties under this chapter and specifies some rules that apply to each. Subsection 4A(1) discusses enacting amendments, Subparagraph (2) explains how Board of Supervisors is to hear and decide on landowner curative amendments to this chapter.
3.
Subsection 4A(3) explains the procedure for municipal curative amendments. A municipal curative amendment can be used to fix a portion of this chapter that is substantially invalid. It has a major advantage over fixing invalid provisions via a plain amendment in that the Township need not entertain any substantive challenges to these provisions during the municipal curative amendment process — which can save the Township a significant amount of time and money.
4.
The provisions of this section only apply to the Board of Supervisors and the parties with which it comes into contact on zoning-related issues:
A.
Zoning-Related Duties. The Board of Supervisors major duties under this chapter — as well as some rules that apply to these duties — are provided below.
(1)
Enacting Amendments. The Board of Supervisors shall enact all amendments to this chapter that are not landowner curative amendments, at the Board of Supervisors discretion, according to the rules below.
(a)
Before voting on the enactment of such an amendment, the Board of Supervisors shall hold a public hearing.
(b)
Public notice of this hearing shall be provided according to the rules below:
1)
The public notice shall include the time and place of the hearing, the purpose of the hearing, the full text or a brief summary of the proposed amendment prepared by the Planning Commission, the date of the publication, and a statement that reads "All persons having an interest in these matters are encouraged to attend this meeting. Persons with a disability who wish to attend this hearing and require an auxiliary aid, service, or other disability accommodation to participate in the proceedings can be accommodated by contacting the Township Secretary's Office."
2)
If a summary of the proposed amendment is included in the public notice instead of its full text, then (a) the notice shall include a place within the municipality where copies of the full text may be examined without charge or copied at cost, (b) a copy of the full text shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published in that paper, and (c) an attested copy of the full text shall be filed in the Cambria County law library.
3)
The public notice shall be published in a newspaper of general circulation once each week for two consecutive weeks. The first of these publications shall not be more than 60 days prior to passage or 30 days before the hearing. The second of these shall not be less than seven days before either the hearing or passage.
4)
If substantial changes are made in the proposed amendment before passage but after the involved public hearing, then a notice shall be published in a newspaper of general circulation within Cambria Township at least 10 days prior to enactment that sets forth the provisions in reasonable detail together with a summary of the changes made. If these changes involve land that was previously not affected by the proposed amendment, then the above requirement shall be dropped, and the public hearing process shall begin again.
5)
If the amendment at hand involves a Zoning Map change, then notice of the hearing shall be posted by the Township at points deemed sufficient along involved tracts to notify potentially interested citizens. Such postings shall be made at least one week prior to the date of the hearing.
(c)
A proposed amendment shall be submitted to the County Planning Commission at least 30 days prior to the hearing so that the Planning Commission may submit its recommendations.
(d)
A proposed amendment shall be submitted to the County Planning Commission within 30 days after the enactment.
(e)
If the amendment was prepared by a group other than the Planning Commission, then Board of Supervisors shall submit it to the Planning Commission at least 30 days prior to that amendment's hearing so that the Planning Commission may submit its recommendations.
(f)
The Township may offer a mediation option as an aid in completing this section's proceedings. Mediation is described in § 27-214, "The Zoning Hearing Board."[1]
[1]
The Board of Supervisors shall be substituted for the Zoning Hearing Board as it applies to this section.
(2)
Curative Amendments. The Board of Supervisors shall hear all applications for landowner curative amendments according to both the following rules and the provisions of § 27-209, "Substantive Challenges."
(a)
The Board of Supervisors shall commence a hearing on a proposed landowner curative amendment within 60 days of the filing of a complete application for that amendment.
(b)
Public notice of this hearing shall be given according to the requirements for enacting amendments described above. This notice shall include (1) notice that the validity of the Chapter or map is in question, and (2) the place and times where a copy of the proposed amendment — including any plans or explanatory materials — may be examined by the public.
(c)
Board of Supervisors shall submit the proposed amendment to the Planning Commission at least 30 days prior to the hearing so that the Planning Commission may submit its recommendations.
(d)
A proposed amendment shall be submitted to the County Planning Commission at least 30 days prior to the hearing so that the Planning Commission may submit its recommendations.
(e)
A proposed amendment shall be submitted to the County Planning Commission within 30 days after that amendment's enactment.
(f)
The Board of Supervisors shall render a written decision within 45 days of the end of the hearing.
(g)
The Board of Supervisors may prescribe reasonable fees for such a hearing which may include (1) compensation for the Township Secretary (2) public notice and advertising costs, (3) necessary administrative overhead connected with the hearing, (4) enacting amendments as described above, and (5) one-half of the stenographer's fee. The cost of the original transcript shall be paid by the Township if the original is ordered by the Township, and shall be paid by the applicant if he or she orders it. Additional copies shall be paid for by the parties requesting them. Fees may not compensate for the legal expenses of the Board of Supervisors Furthermore, fees may not be used to compensate engineering, architectural, planning, or other technical consultants or expert witnesses.
(h)
Conducting the Hearing.
1)
A stenographic record that conforms with civil trial transcripts must be taken in all hearings. The substance of all official actions, the names of people who appear officially, and the subject of their testimony must be recorded.
2)
Each party has the right to be represented by legal council, to present and respond to evidence, and to cross-examine adverse witnesses on all relevant issues.
3)
The Township Solicitor shall represent the Township Board of Supervisors, if requested. However, the Township Board of Supervisors may retain an independent attorney to present the defense of the challenged ordinance.
4)
The Board of Supervisors has the power to administer oaths and issue subpoenas to compel both the attendance of relevant witnesses and the production of relevant papers. All testimony should be affirmed, as unaffirmed statements do not constitute legal evidence to make a record.
5)
Formal rules of evidence do not apply to these hearings. However, the Board of Supervisors may exclude any irrelevant, immaterial, or unduly repetitious evidence. Hearsay evidence, if not objected to, may be given its natural probative value. Yet, the Board of Supervisors has the power to reject even uncontradicted testimony if it finds this testimony to be lacking in credibility.
6)
In the time following the beginning of a hearing and prior to a rendering of the decision or findings, the Board of Supervisors shall not communicate with any party or party representatives unless all parties are given an opportunity to participate. No communication, reports, staff memoranda, or other materials may be accepted or noticed by the Board of Supervisors unless all parties are given an opportunity to contest that information. The Board of Supervisors should not inspect the involved site or its surroundings during the hearings unless all parties are given an opportunity to be present. Any reports by the Zoning Officer shall be filed with all involved parties.
7)
A case should not be postponed to a later date without substantial or compelling reasons, especially if the issue is of great concern and has attracted an audience. However, where (a) a new issue is raised for the first time at a hearing, and (b) the applicant had no notice of this issue, the hearing should be continued at a later date to give the applicant an opportunity to react properly. When a case is continued at a second hearing, a notice shall be prominently posted at the hearing site, and all involved parties must be notified.
(i)
Making a Decision.
1)
In voting on a final decision, the vote cast by each Board of Supervisors member shall be made publicly.
2)
In making its decision, the Board of Supervisors shall consider (a) the proposed amendments, plans, and explanatory materials submitted by the applicant; (b) the impact of the proposal on roads, sewer facilities, water supplies, schools, and other public service facilities; (c) the impact of the proposal on 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; (d) the suitability of the site for the intensity of use proposed (considering the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources, and other natural features); (e) the impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources; and (f) the impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
3)
Where the Board of Supervisors fails to render this decision within the required period, or fails to hold the hearing within the required period, the decision shall be deemed to have been rendered against the amendment. When a deemed decision is rendered in favor of the amendment, the Board of Supervisors shall give notice of this within 10 days of the last day that it could have met to render a favorable decision.
4)
If the Board of Supervisors determines that a validity challenge has merit, then it may either accept the applicant's landowner curative amendment — with or without revision — or adopt an alternative amendment that will cure the alleged defects in this chapter.
5)
Where an application is denied, the resulting decision must be accompanied by a finding of fact, the conclusions based on these facts, and the reason that such conclusions were drawn. This will show that the decision was reasoned, and not arbitrary. References to any provisions of any ordinance, rule, or regulation relied on for any conclusion must be made, along with the reason that the conclusion is appropriate for the particular case at hand.
6)
Even where an application is not denied, the resulting decision should be accompanied by a statement of findings or an opinion that is detailed enough to substantiate the involved decision.
7)
A copy of the final decision must be delivered or mailed to the applicant no later than the day after the date of the report.
(j)
The elected official's decision may be appealed to the Zoning Hearing Board.
(3)
Municipal Curative Amendments. If Board of Supervisors determines that this chapter or a portion thereof is substantially invalid or defected, then the Board of Supervisors may initiate a municipal curative amendment as follows:
(a)
The Board of Supervisors shall first (1) declare this chapter or the substantially invalid portion or portions thereof to be invalid by formal action, and (2) propose to prepare a municipal curative amendment to overcome these invalidities.
(b)
Within 30 days of the declaration and proposal, the Board of Supervisors shall: (1) make findings by resolution that set forth the declared invalidity or invalidities (this may include references to specific uses which are either not permitted or not permitted in sufficient quantity, to a class or use or uses which require revision, or to the entire Chapter), and (2) begin to prepare and consider a curative amendment to the Chapter that will correct these invalidities.
(c)
Within 180 days of the declaration and proposal, the Board of Supervisors shall either (1) enact this curative amendment according to the provisions of Paragraph A(4) of this section, or (2) reaffirm the validity of this chapter.
(d)
During this 180-day period, the Township of Cambria, its Board of Supervisors and its Zoning Hearing Board shall not be required to entertain or consider any substantive challenges to the validity of this chapter (as laid out in § 27-209, "Substantive Challenges") that are based on the same invalidities declared under clause (b) above.
(e)
The Township may not initiate another municipal curative amendment for 36 months after the date that either the curative amendment is enacted or the validity of this chapter is reaffirmed. However, if a new duty or obligation is imposed on the Township by a statute or a Pennsylvania Appellate Court decision, then the Township may ignore this rule in order to amend this ordinance to fulfill said duty or obligation.
