Chadds Ford Township
City Zoning Code
City Zoning Code
ARTICLE XXIX
Reasonable Accommodations
§ 135-220 Short title.
This chapter shall be known as the "Reasonable Accommodations" and contains the Township Policy and Procedure Regulations.
§ 135-221 Purpose and intent.
A.
The purpose of this chapter is to establish a procedure for Persons with disabilities seeking fair access to housing to make requests for reasonable accommodation in the application of Chadds Ford Township's zoning laws, rules, policies, practices and procedures pursuant to 42 U.S.C. § 3604(f)(3)(b) (the Fair Housing Act) and other laws which prohibit local government from refusing to make reasonable accommodations in policies and practices when these accommodations are necessary to afford Persons with disabilities equal opportunity to use and enjoy a Dwelling.
B.
The intent of this chapter is to provide flexibility in the application of the Zoning, Building/Construction and Planning Codes for Individuals with a Disability, when flexibility is necessary to eliminate barriers to housing opportunities. This chapter will facilitate compliance with federal and state fair housing laws and promote housing opportunities for residents of Chadds Ford Township.
§ 135-222 Applicability.
A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, Development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide an Individual with a Disability equal opportunity to housing of their choice. It is the policy of Chadds Ford Township, pursuant to the Fair Housing Amendments Act of 1988, to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of these provisions is to provide a process for making requests for reasonable accommodation to land use and zoning decisions and procedures regulating the siting, funding, Development and use of housing for people with disabilities. In this chapter, "use of housing" includes, but is not limited to, housing-related services and the use and enjoyment of the property.
§ 135-223 Notice to public of availability, application requirements.
A.
Chadds Ford Township's Reasonable Accommodations Policy and Procedure and necessary forms shall be available at the Township offices.
B.
Any Person (or his or her representative) who requires reasonable accommodation because of a Disability shall make such a request to the Township on a form provided by the Township Manager or his or her Designee (hereinafter referred to as "Designee"). A fee, pursuant to the Township's General Fee Schedule, will be charged to review the application.
C.
Other land use or design review applications may be required. If the project for which the request is being made also requires other Township approval (including, but not limited to, design review, Conditional Use permit, Variance or Subdivision), then the Applicant shall file the request for reasonable accommodation, together with the application for Township approval. All related applications for Township approval shall be considered concurrently with the request for reasonable accommodation.
§ 135-224 Requesting reasonable accommodation.
A.
In order to make specific housing available to an Individual with a Disability, any Person may request a reasonable accommodation in the rules, policies, practices and procedures regulating the siting, funding, Development or use of housing by completing the Fair Housing Accommodation Request form available at the Township and filing it with the Designee.
B.
If an individual needs assistance in making the request for reasonable accommodation, the Designee, shall provide the assistance necessary to ensure that the process is accessible to the Applicant.
C.
A request for reasonable accommodation in rules, policies, practices and/or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing, at the outset or during the approval process.
§ 135-225 Review of requests.
A.
When a request for reasonable accommodation is filed, it shall be referred to the Designee for review and consideration. The Designee shall issue a written decision within 30 days of the date of the application and may grant the reasonable accommodation request or deny the request. Requests shall be made using the Township's Fair Housing Accommodation Request Form, which may be supplemented as the Applicant sees fit.
B.
If necessary to reach a decision on the request for reasonable accommodation, the Designee may make a written request for further information from the Applicant consistent with the Fair Housing Act, specifying, in detail, what information is required. In the event that the Designee requests further information, the running of any review period set forth in § 135-225A shall be tolled (stopped) until the Applicant responds to the request, in writing. The Designee may make multiple requests for additional information.
§ 135-226 Factors for considering requests.
The Designee shall consider the following criteria when deciding whether a requested accommodation is reasonable:
A.
Is the housing that is the subject of the request for reasonable accommodation to be used by an individual protected under the Fair Housing Act?
B.
Is the request for accommodation necessary to make specific housing available to an individual protected under the Fair Housing Act?
C.
Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction.
D.
Whether the requested accommodation would require a fundamental Alteration in the nature of a program.
§ 135-227 Written decision on request.
A.
The notice of determination may grant the accommodation request; grant the accommodation request subject to specified nondiscriminatory conditions of approval; or deny the request.
B.
All written determinations shall give notice of the right to appeal, if any, as specified in this article. The Designee's written decision on the request for reasonable accommodation shall explain, in detail, the basis of the decision, including the Designee's findings on the criteria set forth above.
C.
All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth below. The Designee's notice of decision shall be sent to the Applicant by certified mail and first-class mail.
D.
If the Designee fails to render a written decision on the request for reasonable accommodation within the time period allotted in this article, the request shall be deemed granted.
§ 135-228 Appeals.
A.
Within 30 days of the date of the Designee's written decision, the Applicant may appeal an adverse decision by filing the Appeal of Denial of Fair Housing Accommodation Request form available at the Township. The appeal shall be a de novo appeal and shall be referred to the Chadds Ford Township Uniform Construction Code Appeals Board (hereinafter "UCC Appeals Board") for hearing and decision.
B.
An Applicant may request reasonable accommodation in the procedure by which an appeal will be conducted. If an Applicant needs assistance in filing an appeal, the Designee shall provide the assistance that is necessary to ensure that the appeal process is accessible to the Applicant.
C.
All appeals shall contain a statement of the grounds for the appeal.
D.
Nothing in this article shall preclude an aggrieved individual from seeking any other state or federal remedy available.
§ 135-229 Judicial review.
A.
Any party aggrieved by any order of the UCC Appeals Board may file an appeal to the Court of Common Pleas of Delaware County within 30 days after the mailing of notice of such order by the Commission to the aggrieved party or the party's attorney.
B.
If no appeal is taken within 30 days, the order of the UCC Appeals Board shall be final and conclusive and shall not be subject to review by any court in any action, including any proceedings to obtain enforcement.