Cecil Township City Zoning Code

Applications requiring public hearings and meetings.

Applications not requiring public hearings and meetings. Applications not requiring a public hearing or meeting (building permits, road encroachment permits, etc.) shall be filed and processed on a first-filed-first-processed basis.

Late submittal of supporting documentation. Whenever supplemental data in connection with a previously filed application is required by the Township or offered by the applicant, it shall be submitted at least 15 days prior to the date on which it is to be considered at a hearing or meeting. The filing of such data shall, in the discretion of the body reviewing the application, be cause to delay a requested hearing or meeting.

Waiving deadlines. Deadlines may be waived due to emergency, unique or unforeseen circumstances, at the discretion of the body reviewing the application.

The Board of Supervisors may, from time to time, amend, supplement, change, or repeal this chapter, including the Official Zoning Map. Any amendment, supplement, change, or repeal may be initiated by the Township Planning Commission, the Board of Supervisors, or by a petition to the Board of Supervisors by an interested party. The Board of Supervisors has the exclusive authority to enact, amend, or repeal zoning ordinances and is under no obligation to consider any proposed zoning amendment other than curative amendments submitted under this chapter.

The purpose of this section is to provide standards and procedures for making amendments to the text of this chapter and/or the Zoning Map. This amendment process is not intended to relieve particular hardships or to confer special privileges or rights upon any person, but only to make adjustments necessary in light of changed conditions or changes in public policy.

Eight copies of an area map prepared by an engineer, surveyor or other competent party showing all lots and streets in the area to be rezoned and within the surrounding one-quarter-mile radius.

A complete list of all property owners within 300 feet of the exterior limits of the property, indicating name, address, city, state and zip code.

An application signed by all registered owners of the property requested to be rezoned or, if application is made by an agent other than an attorney, a written power of attorney must be included.

The required escrow, if applicable, as well as the application fee as set forth in the Township fee schedule, as revised.

A narrative statement on how the proposed amendment is consistent with the Comprehensive Plan.

If the Board of Supervisors makes the determination to consider amending, supplementing, changing, or repealing this chapter, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice, before voting on the enactment of any such amendment, supplement, change, or repeal. In the case of an amendment other than that prepared by the Planning Commission, the Board shall submit such proposed amendment to the Planning Commission for recommendations at least 30 days prior to the public hearing (45 days for map changes).

If after any public hearing upon an amendment the proposed amendment is changed substantially, or is revised to include land not previously affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice before voting on the amendment.

At least 30 days prior to the public hearing on the amendment (45 days for map changes), the amendment shall be submitted to the Washington County Planning Commission for recommendations.

Within 30 days after enactment, a copy of the amendment to the zoning ordinance shall be forwarded to the Washington County Planning Commission.

Proposed amendments to this chapter text or the Zoning Map shall not be enacted unless the Township has caused notice of the proposed enactment to be published. Such notice shall include the time and place of the hearing at which passage will be considered and a reference to a place within the municipality where copies of the proposed amendment may be examined. The Board of Supervisors shall publish the proposed amendment once each week for two successive weeks in a newspaper of general circulation in the municipality not more than 30 days or less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Municipal Solicitor and setting forth all provisions in reasonable detail.

In the event substantial changes are made in the proposed amendment, the Board of Supervisors, before voting upon the enactment, shall at least 10 days prior to enactment readvertise in one newspaper of general circulation in the municipality a brief summary setting forth all the provisions in reasonable detail together with a summary of the changes.

If the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the municipality at points along the tract deemed sufficient by the municipality to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.

In addition, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the Township at least 30 days prior to the date of the hearing by first class mail to the addressees to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Township. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. This clause shall not apply when the rezoning constitutes a comprehensive rezoning.

Whether the proposed amendment is consistent with the goals, objectives and policies of the Comprehensive Plan, as adopted and amended from time to time;

Whether the proposed amendment is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property;

Whether the proposed amendment is the most desirable use for which the land in the subject property is adapted;

Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction; and

Whether the proposed amendment reflects responsible standards for development and growth.

The traffic generated by the proposed use of the property can be accommodated by the existing transportation network.

The proposed use of the property can be accommodated by the existing capacity of the Canonsburg Sewage Treatment Plant or the applicant shall demonstrate that agreements have been made to upgrade the capacity to accommodate the development.

The proposed rezoning will not result in any negative environmental, visual or other impacts on adjoining residential property.

The proposed rezoning will preserve the rural atmosphere of the adjoining properties which are zoned R-1.

The topography of the site proposed for rezoning is such that there are visual buffers from adjoining residential properties.

The topography of the site proposed for rezoning is such that the site is easily accessible from the transportation network serving Southpointe, including the 1-79 Interchange.

Priority will be given to those sites that are visible from Interstate 79 and/or from other nonresidential portions of the Southpointe development to the extent feasible.

Expansion of nonresidential zoning classifications in the vicinity of Southpointe should follow the North-South alignment of the Interstate 79 corridor.

Twelve copies of a vicinity map prepared by an engineer, surveyor or other competent party, showing all lots and streets in the area and within the surrounding one-quarter-mile radius.

Twelve copies of a site plan of the property, showing the following:

A complete list of all property owners within 300 feet of the exterior limits of the subject property, indicating name, address, city, state, and zip code and proof that applicant provided notification by certified mail of its intent to seek conditional use approval to said property owners.

An application signed by all registered owners of the property or, if application is made by an agent other than an attorney, a written power of attorney must be included.

The required escrow, if applicable, as well as the application fee as set forth in the Township fee schedule, as may be revised.

A narrative statement describing the proposed conditional use, including an evaluation of the effects of such elements as noise, glare, odor, fumes, vibration and generated traffic upon adjoining property, and the relationship of the proposed use to the Comprehensive Plan.

Supplementary plan submission requirements in addition to Subsection B above:

A TND shall propose a mixture of at least four distinct dwelling types: single-family, two-family (duplex), townhouses (or row), and multiple-family residential units, then the following standards shall apply to and be incorporated in order to facilitate the development of a traditional neighborhood design (or "TND"):

Common open space land.

Perimeter buffer easement. A perimeter buffer easement shall be established as provided for in § 240-41B(4).

Modifications. The Supervisors shall consider whether proposed waivers or modifications in any requirements of this section or the chapter will make for a more attractive and harmonious planned development. If such modifications, in the judgment of the Supervisors, constitute a more beneficial use of the site for the affected/future residents and the public interest than provided for under the requirements of this section or chapter or the zoning district in which the site of the planned development is located, the Supervisors, in their sole discretion, may grant the modifications as part of the TND approval process.

Applicability of other provisions. Unless otherwise specifically stated or modified by the Supervisors, TNDs must comply with all other related provisions of the Township's land development and zoning ordinances.

Is in fact listed as a conditional use within the specific zoning district involved;

Will be harmonious with and in accordance with the general objectives or with any specific objective of the Township's Comprehensive Plan and this chapter;

Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the same area;

Will not be hazardous or disturbing to existing neighboring uses;

Will be served adequately by essential facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services;

Will not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic welfare of the community;

Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

Will have vehicular approaches to the property which shall be designed so as not to create interference with traffic on surrounding public thoroughfares;

Will not result in the destruction, loss or damage of a natural, scenic or historic feature of significant importance.

Purpose. The variance procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of sections of this chapter not relating to subdivision requirements. When such hardships may be more appropriately remedied, if at all, pursuant to other provisions of this chapter, the variance procedure is inappropriate. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming uses of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Upon appeal from an order or determination of the Zoning Officer or upon application, the Zoning Hearing Board shall have the power to vary or adjust the strict application of rules and requirements in accordance with the provisions of the Pennsylvania Municipalities Planning Code, provided that the following findings are made where relevant in a given case:

Conditions on variances. In granting the variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter. Such conditions shall be expressly set forth in the ordinance or order granting the variance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

Effect of grant of variance. The grant of a variance shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits and approvals that may be required by ordinances of the Township.

Time limitations on variances. A variance granted by the Zoning Hearing Board automatically expires without written notice to the applicant if no application for an occupancy permit to commence a use or no building and/or grading permit to undertake the work described in the decision granting the variance has been submitted within two years of said decision, unless the Board extends the time period upon written request of the applicant received prior to its expiration or unless the Board specifically grants a longer period of time in its decision. The maximum extension permitted shall be one twelve-month extension.

Purpose. Upon application, in accordance with the provisions of this chapter and the rules of procedure of the Zoning Hearing Board, the Board shall hear and decide applications for uses by special exception specifically authorized by this chapter. The Board may approve a use by special exception following a public hearing conducted in accordance with the procedures specified in the Pennsylvania Municipalities Planning Code and only if all applicable requirements of this chapter and the express standards and criteria specified for the use have been met. In any case, Board shall consider the following standards:

Conditions on special exceptions. In granting a use by special exception, the Board may attach reasonable conditions and safeguards necessary to protect the public health, safety and welfare. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter.

Effect of grant of special exception. The grant of a special exception shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits and approvals that may be required by ordinances of the Township.

Time limitations on special exceptions. A special exception granted by the Zoning Hearing Board automatically expires without written notice to the applicant if no application for an occupancy permit to commence a use or no building and/or grading permit to undertake the work described in the decision granting the special exception has been submitted within two years of said decision, unless the Board extends the time period upon written request of the applicant received prior to its expiration or unless the Board specifically grants a longer period of time in its decision. The maximum extension permitted shall be one twelve-month extension.

Temporary permits. A temporary permit may be authorized by the Township for a short-term activity or use which it deems beneficial to the public health or general welfare, or which it deems necessary to promote the proper development of the community, provided that such use or activity are otherwise permitted uses in that district.

Temporary structures. Permits for temporary structures shall be issued for a period not to exceed one year and shall be limited to temporary real estate sales offices for approved developments in any zoning district and temporary construction or business offices in the Commercial, Industrial, Business Park Planned Development or Special Development District and shall be permitted only during construction of an approved development. Temporary structures shall be located on the site of the approved development and shall not be any closer than 20 feet to any property or right-of-way line. Temporary structures shall be located so as not to interfere with construction activities. A stone parking area for at least four cars shall be provided and shall be removed upon termination of the temporary use.

Appeals. Any person or Township official aggrieved or affected by any provision of this chapter or by any determination of the Zoning Officer or other Township official may file an appeal in a timely fashion as provided for by the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended).

Challenges to the Zoning Ordinance or Zoning Map validity. Any person aggrieved by a use or development of land of another person which is authorized by this chapter or the Cecil Township Zoning Map, or any amendment thereto, or any landowner who, on substantive grounds, desires to challenge the validity of this chapter or the Cecil Township Zoning Map, or any amendment thereto, shall submit his challenge in writing to the Zoning Hearing Board in accordance with Section 916.1 of the Pennsylvania Municipalities Planning Code, stating the substantive grounds for the challenge.[1]

Eight copies of a land development plan showing all structures on the property in question, their distances from property and/or rights-of-way lines, and all setbacks, easements, and parking and drive areas.

A complete list of all property owners within 300 feet of the exterior limits of the property, indicating name, address, city, state and zip code.

An application signed by all registered owners of the property or, if application is made by an agent other than an attorney, a written power of attorney must be included.

Six complete sets of plans for any structure to be erected, along with a completed building permit application.

The required application fee as set forth in the Township fee schedule, as revised.

The Township shall cause notice of the required public hearing to be published once each week for two successive weeks in a newspaper of general circulation within the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered. 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.

Written notice of the scheduled public hearing shall be given to the applicant, the Zoning Officer, such other persons as the Board of Supervisors shall designate by ordinance, and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as prescribed by ordinance or, in the absence of ordinance provision, by rules of the Zoning Hearing Board.

Written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

A public hearing shall be held within 60 days after the date of submission of an application for variance, special exception, nonconforming expansion, temporary use or appeal, unless the applicant has agreed in writing to an extension of time.

The hearing shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the municipality, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.

The parties to the hearing shall be the municipality, any person affected by the application who has made timely appearance of record before the Board, and any other person, including civic or community organizations permitted to appear by the Board. The Board shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

The Chairman or Acting Chairman of the Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

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.

The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing the decision of the Board, if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copies. In other cases, the party requesting the original transcript shall bear the cost thereof.

The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are offered 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.

The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of this chapter or on any ordinance, rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Where the Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days after 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. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

A copy of the final decision or, where no decision is called for, the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide, by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

Site plans (eight copies), drawn to scale, shall be prepared by an engineer, surveyor, architect or landscape architect registered in the commonwealth. Such plans shall show the exact size, shape and dimension of the lot, tract or parcel to be built upon. All property data and existing contours and features on the property shall be based on a current sealed and signed survey prepared by a surveyor registered in the commonwealth. Minor site plans, such as simple additions which do affect parking, or minor changes to an existing legally occupied site may be exempted from requiring an engineer- or architect-prepared plans, at the discretion of the Township.

Contours, present and proposed, shall be shown at five-foot intervals. Contours at two-foot intervals may be required by the Planning Commission.

Site plan features shall include a location map, North point, bar scale, date of preparation, location and size of proposed buildings, location of building setback lines, street rights-of-way, easements within the site and in adjacent street rights-of-way, driveway entrances and circulation features within the site, parking facilities (detailed as to stall arrangement and size), loading docks, stormwater management controls, landscaping, utility connections, and ground signs.

Location shall be shown of all one-hundred-year floodplains as identified by the United States Department of Housing and Urban Development's Flood Boundary and Floodway Map for Cecil Township. Shown also shall be areas of steep slope of 25% or greater and landslide-prone soils as identified by the Natural Resources Conservation Service and/or County Conservation District.

Submitted along with the site plan shall be a plan for managing stormwater runoff during and after construction and minimizing soil erosion and sedimentation, consistent with the requirements of this chapter.

The following textual information shall be included on the site plan:

After review by the Planning Commission, the Board of Supervisors may grant approval of the site plan with no conditions or with conditions after citation of the ordinance section relied on for conditions. Conditional site plan approval may also be granted, subject to the receipt of approvals or permits required from other governmental units; however, no actual development, construction activities, or use of land shall commence until all such required approvals or permits have been obtained and copies filed with the Township Zoning Officer.

Any engineering consideration involved in the review of the plan shall be subject to review by the Township Engineer, who shall submit written comments to the Commission. In addition, the Township Engineer may require of any applicant a soil engineer's report to determine foundation or soil conditions in those areas deemed necessary.

Altering the location of any one structure or group of structures by not more than 10 feet or 1/4 of the distance shown on the approved site plan between such structure or structures and any other structure, vehicular circulation element or boundary of the site plan, as long as any requirement of this chapter is not violated.

Altering the location of any circulation element by not more than 10 feet or 1/4 of the distance shown on the approved site plan between such circulation element and any structure.

Altering the location of any open space by not more than 20 feet.

Altering any final grade by not more than 10% of the originally approved grade.

Altering the location of landscaping elements by not more than 20 feet or type of landscaping elements without reduction of total number.

A permit shall be required prior to the erection, construction, alteration or demolition of any building, structure or portion thereof; prior to commencement of improvements (as defined in Article II of this chapter) upon any property; prior to moving of a building into or within the Township; prior to the change or extension of a nonconforming use; and prior to any road encroachment. In addition, permits are required before the use or occupancy of new construction, alteration to an existing structure, change of use of an existing structure, change of ownership of an existing structure, or change of occupant/tenant/renter in a leased or rental building. In cases where a variance, special exception, conditional use, site plan, nonconforming use expansion, or other approval is required, a building permit shall be issued only after the foregoing approvals have been granted. It shall be the responsibility of the landowner or an authorized agent to obtain and sign for the required permits. Failure to obtain the required permits shall be a violation of this chapter, subject to the enforcement remedies and penalty provisions of Article XIV. Contractors performing work on behalf of the landowner or tenant are not permitted to apply for any permit unless they submit proof in writing of their authorized agent status.

Applicant must submit proof of sewage disposal method, such as an approved septic permit issued by an authorized sewage enforcement officer or letter of public sewage tap availability by a legally recognized disposal or treatment entity.

Permits shall not be required for maintenance work, such as replacement of shingles, windows, siding, soffit and fascia, unless accompanying interior renovations are also contemplated, and where occupancy cannot reasonably occur during renovations.

Time limit for building permit issuance. Permits shall be granted or denied within 20 days of the date that the Zoning Officer considers the application complete, except for commercial and industrial permits, which shall be granted or refused within 45 days after a complete application filing.

Expiration of building permits. Once work is initiated under a valid permit, the permit shall be valid for a period of one year from the date of issuance as long as the construction is diligently pursued. No permit for the erection, razing, change, alteration or removal of buildings or structures shall be valid after three months from the date of issuance thereof and shall thereafter be void if construction has not begun or been diligently carried on in those three months. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted by any reasonable cause other than his own negligence, the permit may be renewed without additional cost to the applicant.

Construction and use to be as approved. All permits required by this chapter issued on the basis of plans and applications approved by the Zoning Officer, Building Inspector, Fire Department designee, Board of Supervisors, Planning Commission, or other municipal official or body, authorize only the use, arrangement and construction set forth in such approved plans and application, and no other use, arrangement or construction, unless a minor adjustment is deemed necessary as allowed by § 240-15D of this article. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this chapter or applicable codes.

Application. Upon completion of the erection, alteration or change of use or occupancy of any building or portion thereof, or completion of any improvement on any property authorized by any permit, and prior to occupancy or use, the holder of such permit shall notify the Zoning Officer of such completion or change of occupancy. No permit shall be considered complete or permanently effective, nor shall any building be occupied or lot used, until said official has issued an occupancy permit certifying that the work has been inspected and approved as being in conformity with the permit and the provisions of this chapter and other applicable ordinances. Such work shall include not only building construction, but also installation of landscaping, driveways and sidewalks, where required. Occupancy permits shall be granted or denied within 10 days from the date of application.

Expiration. Occupancy permits expire with any change in use, change in ownership, change in tenant, or the addition of a new use on the property. If upon inspection by the Zoning Officer no change in use or additional type of use is being requested, the former occupancy permit may be renewed under the new owner, tenant or lessee name by the Zoning Officer.

Temporary occupancy permits. In cases when, because of weather conditions or other factors (exclusive of financial hardship) beyond the control of the recipient of a building permit or other approval, it would be unreasonable to require compliance with all of the requirements of this chapter prior to commencing the intended use of the property or occupying any buildings, the Zoning Officer may authorize the issuance of a temporary occupancy permit. Such permit will allow commencement of the intended use or the occupancy of buildings. No temporary occupancy permit shall be issued for a period of more than one year. Such permits may be issued when all of the following conditions have been met: