Cranberry Township City Zoning Code
PART 11
Administration and Enforcement
§ 27-1101 Zoning Approval for Structural Alteration or Erection of Structures.
[Ord. 96-267, 5/2/1996; as amended by Ord. 2003-343, 7/1/2003, § 7]
1.
Compliance Required. No structure shall be erected, added to or otherwise have any structural alterations made to it until zoning approval has been issued by the Township. No zoning approval shall be issued for any structure where said construction, addition, structural alteration or use thereof would be in violation of any of the provisions of this chapter, except after such written order from the Board or the Supervisors as this chapter may require. No zoning approval for structural alteration and erection of structures shall be issued until prior approvals and requirements of this chapter and the Subdivision and Land Development Ordinance [Chapter 22], have been complied with, including but not limited to conditional use, use by special exception, planned residential development, and recording of the final plat of a subdivision or land development. Any zoning approval issued in conflict with the provisions of this chapter shall be null and void.
2.
Application Content. All applications for development for zoning approval for structural alteration or erection of structures shall be in the form set forth in this chapter; the Subdivision and Land Development Ordinance [Chapter 22], if applicable; and in the Building Code. Chapter 5, Part 1, Uniform Construction Code, and Chapter 17, Public and Private Improvements Code. The application for development for zoning approval for structural alteration or erection of structures shall include the following:
[Amended by Ord. No. 2018-485, 11/1/2018]
A.
Two copies of application form, provided by the Township and completed by the applicant.
B.
For authorized uses by right that are not land developments: two copies of site plan of the site clearly and legible drawn at a scale of one inch being equal to not more than 50 feet, or less, showing the following:
(1)
Name of applicant and landowner.
(2)
Name of development, if any.
(3)
Evidence of preparation by an architect, landscape architect, engineer, or surveyor.
(4)
Graphic and written scale.
(5)
North arrow.
(6)
Dates of preparation and revisions of site plan.
(7)
A site location map.
(8)
Property lines for the entire lot or site and adjacent parcels, and lot width.
(9)
Site or lot area and net site or net lot area, lot coverage, impervious surfaces and percentage of impervious surfaces.
(10)
Location and dimensions of existing and proposed public and private streets, driveways, sidewalks and other pedestrian ways, and other impervious surfaces on the lot or site and within 100 feet of the perimeter of the lot or site.
(11)
Existing and proposed structures with proposed density and approximate height of structures indicated for each proposed type of structure and use, existing and proposed gross floor area and building area.
(12)
Proposed location and dimensions of all yards and open spaces.
(13)
Topography based on Chapter 17, Public and Private Improvements Code, showing existing and proposed contours at vertical intervals of two feet if the general slope is less than 10% and at intervals of five feet if the general slope is 10% or greater and indications of compliance with steep slope limitations set forth in § 27-308.
(14)
General proposals for the disposition of stormwater runoff.
(15)
Proposals for the disposition of sanitary wastes and the provision of water supplies.
(16)
Delineation of any portion of the lot or site in mature woodlands or other woodlands showing delineation and percentage of each that will remain uncut and undisturbed during construction or development.
C.
For uses authorized by conditional use, special exception, or planned residential development and for uses that are land developments - two copies - final site development plans containing the information required for a site plan in accordance with Subsection .2.B for uses by right, and in addition, information demonstrating conformity with the conditional use, special exception, planned development, or land development approved by the Supervisors.
D.
Two copies - construction plans as required by the Building Code.
E.
Such other information as lawfully may be required by the Zoning Officer to determine conformance with this chapter, the Subdivision and Land Development Ordinance [Chapter 22] including but not limited to the names of all the legal or beneficial owners of the applicant if the applicant is a corporation or a partnership, and
F.
Required fee.
3.
In approving an application for development the Zoning Officer may require such changes in plans for construction, addition, structural alteration or use of such structures or lots as may be necessary to assure compliance with this chapter.
4.
Zoning approval for any structure or use may be revoked and withdrawn by the Zoning Officer if the holder of the zoning approval has failed to comply with the requirements of this chapter or with any conditions attached to the issuance of the zoning approval; and the holder of the zoning approval may be subject to penalties as provided by this chapter.
5.
Expiration and Extension.
A.
Temporary Structures. Erection of temporary structures shall be completed within 30 days of issuance of zoning approval for structural alteration and erection of structures. Upon written request from the applicant, the Zoning Officer may extend the zoning approval.
B.
Other Structures. If no application for a grading or building permit to undertake work described in an application for zoning approval for structural alteration or erection of structures other than temporary structures, has been submitted within 12 months of issuance of zoning approval for structural alteration or erection of structures, said zoning approval shall expire automatically without written notice to the developer unless the Supervisors, in their sole discretion, extend the zoning approval upon written request of the developer received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
§ 27-1102 Zoning Approval for Occupancy and Use.
[Ord. 96-267, 5/2/1996]
1.
It shall be unlawful to use or occupy any structure or lot or part thereof until zoning approval has been issued by the Township. Zoning approval shall state that the proposed use of the structure or lot conforms to the requirements of this chapter. Any change in use category shall require the requisite approval as set forth in § 27-402, Tables of Authorized Uses.
2.
No nonconforming structure, use or lot shall be maintained, renewed, changed, or otherwise have any structural alterations made to it or extended until a zoning approval has been issued by the Township.
3.
Where zoning approval for occupancy and use is necessary to allow an occupancy permit to be issued pursuant to the Building Code, and where a building permit has been issued, zoning approval for occupancy and use shall be applied for within 10 working days after the erection of the structure or structural alteration has been completed.
4.
Temporary Zoning Approval. Temporary zoning approval may be granted by the Zoning Officer upon filing of a written application for development for temporary zoning approval for occupancy and use when a temporary or permanent occupancy permit is authorized and is eligible for approval under the Building Code or when all work described in the application for development is not complete, and subject to the following:
A.
The applicant shall post an acceptable financial security to the Township to guarantee completion of the work described in an application for development, for zoning approval and of all conditions attached to zoning approval within a specified time period.
B.
There shall be no violations of applicable zoning district regulations.
5.
Where zoning approval for occupancy and use is necessary in order to allow an occupancy permit to be issued pursuant to the Building Code for a new or changed use of a lot and where no building permit is required, zoning approval for occupancy and use shall be made directly to the office of the Zoning Officer.
6.
Zoning approval under this section shall be issued or a written notice stating why a zoning approval cannot be issued shall be given to the applicant.
7.
Temporary Structures. During the time of construction of a structure for which zoning approval has been granted and a building permit has been issued, the Zoning Officer may issue zoning approval for occupancy and use of a temporary structure for a period not to exceed 12 months. Zoning approval for a temporary structure may be extended upon reapplication at the discretion of the Zoning Officer. Zoning approval for a temporary structure shall be canceled upon written notice by the Zoning Administrator if construction of the permanent structure is not diligently pursued.
8.
Failure to obtain zoning approval shall be a violation of this chapter and may be subject to penalties as provided by this chapter.
9.
The Zoning Officer shall maintain a record of all zoning approvals issued.
§ 27-1103 Financial Security.
[Ord. 96-267, 5/2/1996; as amended by Ord. 2001-311, 3/1/2001, § 15]
Prior to granting zoning approval for structural alteration and erection of structures or zoning approval for occupancy and use or any other approval required by this chapter wherein the developer is required or has agreed, as a condition of approval, to remove or demolish any structure or to provide certain public and private improvements, the developer shall provide financial security in accordance with the provisions of the Subdivision and Land Development Ordinance [Chapter 22]. Financial security shall not be required for the costs of any improvements for which financial security is required by and provided to the Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the Act of June 1, 1945, known as the "State Highway Law," 36 P.S. § 670-101 et seq.
§ 27-1104 Registration of Nonconforming Uses, Structures and Lots.
[Ord. 96-267, 5/2/1996]
1.
In accordance with § 27-1102 of this chapter, owners of nonconforming uses, structures and lots may apply for zoning approval. Issuance of such zoning approval by the Zoning Officer will constitute registration of the nonconforming use, structure and/or lot.
2.
After the enactment or amendment of this chapter, the owners of nonconforming structures and/or lots or the owners of a lot on which a nonconforming use exists may be notified by the Zoning Officer of the provisions of this chapter. Within 30 days after the receipt of said notice, the owner shall apply for and be issued zoning approval for the nonconformity. If the owner of a nonconformity fails to apply for zoning approval within 30 days after receipt of the foregoing notice, the nonconformity ceases to be lawful and is hereby declared to be in violation of this chapter.
§ 27-1105 Duties of the Township Manager.
[Ord. 96-267, 5/2/1996; as amended by Ord. 2015-453, 5/6/2015]
1.
The Township Manager, or the Township Manager's delegated representative(s), shall be the Zoning Officer. The Township Manager is authorized to adopt by regulation forms for all applications for development authorized by this chapter. This chapter appoints the Township Manager as the Zoning Officer.
2.
The Township Manager shall serve to administer and enforce the Floodplain Management Ordinance and is referred to herein as the "floodplain administrator." The floodplain administrator may:
A.
Fulfill the duties and responsibilities set forth in this chapter or any other chapter in the Cranberry Township Code of Ordinances:
B.
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or
C.
Enter into a written agreement or written contract with another agency or private-sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
D.
The floodplain administrator shall maintain in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this chapter, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
[Added by Ord. No. 2018-482, 8/2/2018]
§ 27-1106 Duties of Zoning Officer.
[Ord. 96-267, 5/2/1996]
The Zoning Officer shall enforce this chapter by authorizing zoning approval for only those structures and uses that comply with the provisions of this chapter. The Zoning Officer shall have the authority to make inspections necessary to determine compliance with this chapter and shall maintain records thereof and shall have the authority to issue an enforcement notice and a cease and desist order upon determination that a violation has occurred.
§ 27-1107 Zoning Hearing Board.
[Ord. 96-267, 5/2/1996; as amended by Ord. 97-284, 11/6/1997, § 39; and by Ord. 2002-332, 9/5/2002, § 8]
1.
Appointment and Powers. The Supervisors shall appoint a Board in accordance with the requirements of the MPC. The Board shall have the following powers:
A.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this chapter.
B.
To authorize in specific cases such variance from the terms of this chapter as will not be contrary to the interest of the populace, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done in accordance with the laws of the Commonwealth of Pennsylvania.
C.
To authorize, in accordance with Part 7, such uses by special exception as will not be contrary to the interest of the populace, so that the spirit of this chapter shall be observed and substantial justice done.
D.
To hear and decide challenges to the validity of any provision of this chapter, where the challenging party does not submit a curative amendment, or to the validity of any land use ordinance where the challenge is based on procedural defects, as such challenges are governed by the MPC.
E.
To hear and decide appeals from a determination by the Township Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard provisions within this chapter.
F.
To hear and decide appeals from a decision by the Supervisors on a special encroachment permit.
2.
Hearings. The Board shall conduct hearings in accordance with Section 908 of the MPC, 53 P.S. § 10908, and the following requirements:
A.
Hearing Notice. Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, such other persons as the Supervisors shall designate by ordinance and to any person who has made timely request for public notice. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board. In addition, written notice shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The hearings shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.
B.
Parties. The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
C.
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.
D.
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.
E.
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
F.
Stenographic Record and Related Fees. The Board or the Hearing Officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or Hearing Officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.
G.
Communication. The Board or the Hearing Officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
H.
Time Limitations. Hearings shall be held in accordance with § 908 of the MPC, 53 P.S. § 10908.
3.
General Rules and Procedures for Appeals and Applications.
A.
Time Limitations.
(1)
Landowner Appeals. All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.
(2)
Appeals by Other Aggrieved Parties. No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate Township Officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan pursuant to § 27-902.5, Tentative Approval, of this chapter or from an adverse decision by the Zoning Officer on a challenge to the validity of an ordinance or map pursuant to § 916.2 of the MPC, 53 P.S. § 10916.2, shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.
B.
Who May Appeal. Appeals may be made to the Board by any landowner affected, any officer or agency of the Township, or any person aggrieved.
C.
All appeals and applications to the Board shall be submitted to the Zoning Officer in accordance with the rules of procedure established by the Board.
D.
Application Content. All appeals and applications shall contain the following:
(1)
A written application on the form prescribed by the Board referring to the specific provisions of this chapter which are involved and setting forth the reasons which would justify the granting of a variance, special exception or other requested determination.
(2)
The fee required by ordinance or resolution of the Supervisors.
(3)
Seven copies of the site plan when applicable.
4.
Decision and Findings. The Board shall make decisions and findings in accordance with § 908 of the MPC, 53 P.S. § 10908, and the following requirements:
A.
Decision. In exercising the above-mentioned powers, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as, in its opinion, ought to be made.
B.
Findings. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of the MPC or of any ordinance, rule or regulations shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
C.
Time Limitations. 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. 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.
D.
Deemed Decision. Where the Board fails to render the decision within the period required, or fails to commence or complete the required hearing within the time limitations, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection .2.A.
E.
Notice of Decision or Findings. A copy of the final decision or, where no decision is called for, of the findings shall be filed with the Zoning Officer and 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.
5.
Acquisition of Services. In exercising the above-mentioned powers, the Board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical or clerical services within the limits of funds appropriated for such purpose by the Supervisors.
6.
Stay of Proceedings. All land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be governed by the provisions of § 915.1 of the MPC, 53 P.S. § 10915.1, upon filing of an appeal and during its pendency before the Board.
7.
Appeals from the Board's Decision. Any person aggrieved by any decision of the Board or the Supervisors may appeal to the Court of Common Pleas of Butler County in accordance with the MPC.
§ 27-1108 Procedure for Variances.
[Ord. 96-267, 5/2/1996]
1.
Board Functions. The Board shall hear and decide requests for variances where it is alleged that this chapter inflicts unnecessary hardship upon the applicant.
2.
Who May Apply. The landowner or tenant with the permission of such landowner may apply for relief where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant or upon appeal from a decision of the Zoning Officer.
3.
Findings Required. No variance shall be granted until the applicant has established and the Board has made all of the following findings where relevant in a given case:
A.
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
B.
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C.
That such unnecessary hardship has not been created by the appellant.
D.
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
E.
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
4.
Conditions. In granting any variance, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter as it may deem necessary to implement the purposes of this chapter.
5.
Expiration. A variance granted by the Board shall expire automatically without written notice to the applicant if no application for a zoning approval, building permit or grading permit to undertake the work described in the decision granting the variance has been submitted within 12 months of said decision, unless the Board, in its sole discretion extends the variance 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. A variance granted by the Board prior to the adoption of this section shall be subject to the provisions of this section; however, the twelve-month period shall begin with the date of adoption of this section.
7.
(Reserved)
8.
Whenever a variance is granted to construct a structure below the base flood elevation, the Board shall notify the applicant, in writing, that:
[Amended by Ord. No. 2018-482, 8/2/2018]
§ 27-1109 Procedure for Uses by Special Exception.
[Ord. 96-267, 5/2/1996]
1.
Board's Function. Where this chapter, in accordance with the Tables of Authorized Uses in § 27-402 for the zoning district in which a property is located, allows uses by special exception granted or denied by the Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria and general criteria set forth in Parts 3 and 4.
2.
Who May Apply. The landowner or any tenant with the permission of such landowner may apply for a special exception.
3.
Conditions. In granting any special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
4.
If the Board determines that the application for special exception meets all the requirements of this chapter and receives assurances that any additional conditions deemed necessary shall be fulfilled and that the application is in conformity with the spirit and intent of this chapter, it shall direct the Zoning Officer of issue zoning approval for such special exception.
5.
Expiration. A special exception approval granted by the Board shall expire automatically without written notice to the applicant if no application for a zoning approval, building permit, or grading permit to undertake the work described in the decision granting the special exception has been submitted within 12 months of said decision, unless the Board, in its sole discretion extends the special exception 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. A special exception granted by the Board prior to the adoption of this section shall be subject to the provisions of this section; however, the twelve-month period shall begin with the date of adoption of this section.
§ 27-1110 Procedure for Conditional Uses.
[Ord. 96-267, 5/2/1996]
See Part 7.
§ 27-1111 Special Encroachment Permit.
[Ord. 96-267, 5/2/1996]
1.
Purpose. To permit a zoning approval for structural alteration or erection of structures to be issued or conditional use or use by special exception to be granted within the lines of any street, watercourse or public ground shown or laid out on the Official Map under certain circumstances specified in this section.
3.
Application Content. An application for approval of a special encroachment permit shall include the following:
A.
Seven copies of a plot plan drawn to scale, showing actual dimensions of the lot, the exact size and location on the lot of any buildings and structures, the location of the part of the property reserved by the Official Map, and such other information as may be necessary to demonstrate that the property, of which the location reserved by the Official Map is a part, cannot yield a reasonable return to the owner.
B.
Seven copies of a statement demonstrating that the property, of which the location reserved by the Official Map is a part, cannot yield a reasonable return to the owner.
C.
Application fee and review fees established by ordinance or resolution of the Supervisors to cover the cost of review.
5.
Public Hearing. The Supervisors shall hold a public hearing, notice for which shall be given as follows:
6.
Action. If the Supervisors determine that the application for special encroachment permit demonstrates that the property, of which the reserved location forms a part, cannot yield a reasonable return to the owner unless a permit shall be granted, the Supervisors shall direct the Zoning Officer to issue a zoning approval as a special encroachment permit subject to compliance with all other applicable requirements of this chapter and the Code. If the Supervisors determine that the application for a special encroachment permit does not demonstrate that the property, of which the reserved location forms a part, cannot yield a reasonable return to the owner unless a permit shall be granted, the Supervisors shall deny a special encroachment permit.
7.
Appeals from the Supervisors on Special Encroachment Permits. The Board shall hear and decide appeals where it is alleged by the landowner that the Supervisors failed to follow prescribed procedures or to make a proper determination in the denial or a special encroachment permit.
§ 27-1112 Procedure for Appeals.
[Ord. 96-267, 5/2/1996; as amended by Ord. 2002-332, 9/5/2002, § 9]
1.
Appeals may be made to the Board by any aggrieved person, firm or corporation or by any officer or department of the Township affected by any decision of the Zoning Officer relative to the interpretation of this chapter. Such appeal shall be made within 30 days from the date that a notice of violation is delivered to such aggrieved party by the Zoning Officer in accordance with the requirements of the MPC by filing with the Zoning Officer and with the Board a notice of appeal specifying the grounds therefor. The Zoning Officer shall forthwith transmit to the Board all papers constituting the record upon which the action was appealed.
2.
The Board shall fix a reasonable time for a public hearing to consider the appeal in accordance with § 908 of the MPC, 53 P.S. § 10908, and give public notice thereof, as well as due notice to the parties in interest and decide the same within 45 days after the public hearing is concluded. If no decision is made within 45 days after the public hearing is concluded, it shall be deemed that the Zoning Hearing Board has decided in favor of the person or the officer of the Township aggrieved or affected who is seeking relief.
§ 27-1113 Procedure for Amendments.
[Ord. 96-267, 5/2/1996; as amended by Ord. 2002-332, 9/5/2002, § 10]
1.
General. The regulations and provisions of this chapter may be amended from time to time, upon recommendation of the Planning Advisory Commission or the Board, upon the initiation of the Supervisors or upon petition to the Supervisors. A landowner's curative amendment shall conform to the requirements for a proposed amendment initiated by petition.[1]
[1]
Editor's Note: Amended at time of readoption of Code.
2.
Enactment of Amendments.
A.
Zoning amendments procedures shall adhere to the requirements of § 609 of the MPC, 53 P.S. § 10609.
B.
Public Hearing. The Supervisors shall hold a public hearing on a proposed amendment pursuant to public notice before voting on enactment of an amendment. The Supervisors shall by resolution adopted at a public meeting, fix the time and place of a public hearing on the proposed amendment and cause public notice to be given. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
C.
Publication and Advertisement. Proposed amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section. The notice of enactment shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Township where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Supervisors shall publish the proposed amendment once in one newspaper of general circulation in the Township not more than 60 days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Township Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
D.
Planning Advisory Commission Review. In the case of an amendment other than that prepared by the Planning Advisory Commission, the Supervisors shall submit each such amendment to the Planning Advisory Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Advisory Commission an opportunity to submit recommendations.[2]
[2]
Editor's Note: Amended at time of readoption of Code.
E.
Revised Amendment.
(1)
Additional Public Hearing. If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised to include land previously not affected by it, the Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
(2)
Additional Advertisement. In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Supervisors shall, at least 10 days prior to enactment, readvertise, in one newspaper of general circulation in the Township, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
F.
County Planning Commission Review. At least 30 days prior to the public hearing on the amendment by the Supervisors, the Supervisors shall submit the proposed amendment to the County Planning Commission for recommendations.
G.
Application Content. Proposed amendments initiated by petition of landowners shall include the following:
H.
Copy of Enacted Amendment. Within 30 days after enactment, a copy of the amendment shall be forwarded to the County Planning Commission.
3.
Procedure for Landowner Curative Amendments.
A.
Application Content. A landowner who desires to challenge on substantive grounds the validity of this chapter or the Zoning Map or any provision of this chapter, which prohibits or restricts the use or development of land in which he has an interest, may submit an application for curative amendment and substantive challenge to the validity of this chapter to the Supervisors. Such application shall include the following:
(1)
All items required for a zoning amendment set forth in Subsection .2.F.
(2)
A written request that the challenge and proposed amendment be heard and decided as provided in § 916.1 of the MPC, 53 P.S. § 10916.1, and including the reasons for the challenge.
(3)
Plans and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development permitted by the challenged ordinance or map. Such plans or other materials shall not be required to meet the standards prescribed for preliminary, tentative, or final approval or for the issuance of a zoning approval, so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map in light thereof.
(4)
An amendment or amendments to the ordinance proposed by the landowner to cure the alleged defects in this chapter.
B.
Public Hearing. The Supervisors shall commence a hearing thereon within 60 days of the request as provided in § 908 of the MPC, 53 P.S. § 10908, and notice of the hearing shall be given as provided in Subsection .2, Enactment of Amendments, Subsection .2.A. The hearing shall be conducted in accordance with §§ 609.1 and 908 of the MPC, 53 P.S. §§ 10609.1, 10908, except that the deemed approval provisions of § 908 of the MPC shall not apply.
C.
Legal Representation.
D.
The procedure for landowner curative amendments and substantive challenges to the validity of this chapter shall be governed by §§ 609.1 and 908 of the MPC, 53 P.S. §§ 10609.1, 10908. The Supervisors shall render a written decision within 45 days after the last hearing.
E.
Planning Agencies Reviews. The curative amendment and challenge shall be referred to the planning agencies as provided in Subsections .2.C and .2.E of this section.
F.
Copy of Enacted Amendment. Within 30 days after enactment, a copy of the amendment shall be forwarded to the County Planning Commission.
§ 27-1114 Planning Advisory Commission.
[Ord. 96-267, 5/2/1996[1]]
The Planning Advisory Commission shall perform all duties as required by the laws of the Commonwealth of Pennsylvania including, but not limited to, the following:
A.
The Planning Advisory Commission shall receive from the Zoning Officer copies of all applications for amendments to this chapter and shall make findings and recommendations thereon, after which the Commission shall forward such findings and recommendations, in writing, to the Supervisors before the date set for a public hearing on the proposed amendment.
B.
The Planning Advisory Commission shall receive from the Zoning Officer copies of all applications for planned developments and shall make findings and recommendations thereon as set forth in Part 9 of this chapter, after which the Commission shall forward such findings and recommendations, in writing, to the Supervisors before the date set for a public hearing on the proposed planned development.
C.
The Planning Advisory Commission shall receive from the Zoning Officer all applications for conditional uses and shall make findings and recommendations and shall forward such written findings and recommendations to the Supervisors before the date set for a public hearing on the proposed conditional use.
D.
The Planning Advisory Commission shall, furthermore, initiate, direct, and review, from time to time, the provisions of this chapter and make reports of its findings and recommendations to the Supervisors in writing not less frequently than annually and to recommend and update of the provisions of the Comprehensive Plan not less frequently than every 10 years.
[1]
Editor's Note: Amended at time of readoption of Code.
§ 27-1115 Supervisors.
[Ord. 96-267, 5/2/1996]
Under the provisions of this chapter, the Supervisors shall have the duty of considering and adopting or rejecting proposed planned residential developments, conditional uses, special encroachment permits, and amendments to or the repeal of this chapter, as provided by law, and of establishing a schedule of fees and charges as stated in § 27-1116 of this part.
§ 27-1116 Schedule of Fees, Charges and Expenses.
[Ord. 96-267, 5/2/1996]
1.
The Supervisors shall by ordinance or resolution adopt a schedule of fees, charges and expenses and a collection procedure for zoning approvals, planned residential development, conditional uses, uses by special exception, special encroachment permits, variances, zoning amendments and other matters pertaining to this chapter. The schedule of fees shall be duly recorded in the ordinance or resolution Book of the Township and posted in the office of the Zoning Officer. The schedule of fees and changes may be altered or amended only by ordinance or resolution adopted by the Supervisors.
2.
No application for any zoning approval, planned development, conditional use, special encroachment permit, zoning amendment, use by special exception, variance or other matter shall be considered unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the Board unless or until the preliminary charges or fees have been paid in full.
3.
The Supervisors may waive or modify fees where unusual circumstances warrant such relief.
§ 27-1117 Violations and Penalties; Enforcement Procedures.
[Ord. 96-267, 5/2/1996; as amended by Ord. 2005-362, 12/15/2005]
1.
Enforcement Penalties. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of any provision of this chapter shall upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied, or payable until the date of the determination of a violation by the district judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district judge determining that there has been a violation further determines that there has been a good faith basis for the person, partnership, or corporation violating this chapter to have believed that there was no such violation, in which event, there shall be deemed to have been one such violation until the fifth day following the date of the determination of a violation by the district judge and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs, and reasonable attorney fees shall be paid over to the Township.
2.
Enforcement Remedies. If any structure or lot is or is proposed to be erected, constructed, reconstructed or otherwise have any structural alterations made to it, converted, maintained or used in violation of this chapter, the Supervisors or, with the approval of the Supervisors, an officer of the Township, in addition to other remedies, may institute in the name of the Township any appropriate action or proceeding to prevent, restrain, correct or abate such violation.
3.
Nothing herein contained shall prevent the Township from taking such other lawful action as is necessary to prevent or remedy any violation.