Cross Creek Township Washington County
City Zoning Code
City Zoning Code
ARTICLE XVII
Administration and Enforcement
§ 320-114 Zoning Officer powers and duties.
A.
The provisions of this chapter shall be administered and enforced by a Zoning Officer who shall be appointed by the Board of Supervisors. The Zoning Officer shall hold no elected office in the Township. The Zoning Officer shall meet the qualifications established by the Township and shall be able to demonstrate, to the satisfaction of the Township, a working knowledge of municipal zoning.
B.
The Zoning Officer shall have all the powers and duties conferred upon him by this chapter and the Pennsylvania Municipalities Planning Code (Act 247, as amended).[1] The Zoning Officer's duties shall include the following:
(1)
Receive and examine all applications for building/zoning permits and certificates of occupancy.
(2)
Process applications for building/zoning permits and certificates of occupancy for all permitted uses.
(3)
Receive applications for uses by special exception and variances and forward these applications to the Zoning Hearing Board for action prior to considering issuance of a building/zoning permit or certificate of occupancy for the proposed use.
(4)
Receive applications for conditional uses and forward these applications to the Planning Commission and Board of Supervisors for recommendation and action prior to considering issuance of a building/zoning permit or certificate of occupancy for the proposed use.
(5)
Issue permits only where there is compliance with the provisions of this chapter, with other Township ordinances and the laws of the commonwealth.
(6)
Following denial of a building/zoning permit or certificate of occupancy, refer any appeal of the denial to the Zoning Hearing Board for action thereon.
(7)
Conduct inspections and surveys to determine compliance or noncompliance with this chapter.
(9)
With the approval of the Board of Supervisors, or when directed by the Board, institute, in the name of the Township, any appropriate action or proceeding to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation so as to prevent the occupancy or use of any building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(10)
Revoke any order or permit issued under a mistake of fact or contrary to the law or the provisions of this chapter.
(11)
Record and file all applications for building/zoning permits and certificates of occupancy with accompanying plans and documents, which files shall be a public record.
(12)
Maintain the Official Zoning District Map for the Township.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 320-115 Enforcement; violations and penalties.
A.
Violations. Failure to comply with any provisions of this chapter; failure to secure a building/zoning permit prior to the erection, construction, extension, structural alteration or addition to building or structure; or failure to secure an occupancy permit for the use or change of use or occupancy of structures or land, shall be a violation of this chapter.
B.
Enforcement notice. The enforcement notice shall contain the following information:
(1)
The name of the owner of record and any other person against whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements that have not been met, citing in each instance the applicable provisions of this chapter.
(4)
The date before which steps for compliance must be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with the procedures set forth in this chapter.
(6)
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
C.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
(2)
Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge, determining that there has been a violation, further determines that there was a good-faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and, thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township.
(3)
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.
(4)
Nothing contained in this subsection shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this subsection.
D.
Causes of action. In case any building or structure is erected, constructed, reconstructed, structurally altered, repaired, converted or maintained or any building or structure or land is used in violation of this chapter or of any other ordinance or regulation made under authority conferred hereby, the Board of Supervisors or, with approval of the Board of Supervisors, the Zoning Officer or other proper official, 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 unlawful erection, construction, reconstruction, structural alteration, repair, conversion, maintenance or use; to prevent the occupancy of any building, structure or land; or to prevent any illegal act, conduct, business or use that constitutes a violation.
§ 320-116 Zoning permit required.
A.
No land use may be established or changed; no structure or building may be erected, constructed, reconstructed, structurally altered, razed or removed; and no building or structure may be used or occupied or the use changed until a building/zoning permit has been obtained from the Zoning Officer.
B.
In the instances where a building permit is required and applied for, such application shall be considered to include both the building permit and the zoning permit. In those instances where no building permit is required, an application for a certificate of occupancy for a new or changed use of land or structure shall be considered to include both the zoning permit and the certificate of occupancy.
§ 320-117 Application requirements for zoning permit.
A.
In those instances where a zoning permit is applied for, the application shall be made in writing by the owner, tenant, vendee under contract of sale or authorized agent, on a form supplied by the Township and shall be filed with the Zoning Officer. The application shall include the following information:
(1)
A statement as to the proposed use of the building, structure or land.
(2)
A plan drawn to scale showing the location, dimensions and height of proposed buildings, structures or uses and any existing buildings in relation to property and street lines. If the application relates to property scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
(3)
The location, dimensions and arrangements of all open spaces and yards, including methods to be employed for screening and landscaping.
(4)
The location, size, capacity and arrangement of all areas to be used for vehicular access, off-street parking, off-street loading and unloading and provision to be made for lighting such areas.
(5)
The dimensions, location and methods of illumination for signs, if applicable.
(6)
The location and dimensions of sidewalks and all other areas devoted to pedestrian use.
(7)
Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage.
(8)
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed gross density.
(9)
A description of any proposed industrial or commercial operations in sufficient detail to indicate the effects of those operations in producing glare, air pollution, water pollution, fire hazards, traffic congestion and other safety hazards.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(10)
Description of methods to be employed in controlling any excess air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(11)
Any other data deemed necessary by the Zoning Officer to determine compliance with the applicable provisions of this chapter.
B.
Where the information required for a zoning permit duplicates the information required for a building permit and the application is being considered a combined application, submission of one drawing with the required information will meet the requirements for both applications.
§ 320-118 Certificate of occupancy required.
A.
It shall be unlawful to use or occupy or permit the use or occupancy of any building, structure or lot, or part thereof, until a certificate of occupancy has been issued therefor by the Zoning Officer. Said certificate of occupancy shall state that the proposed use of the building, structure or land conforms to the requirements of this chapter.
B.
Certificates of occupancy shall be applied for coincident with the application for a building permit and shall be acted upon within five working days after inspection by the Zoning Officer of the work completed under a building permit.
C.
Certificates of occupancy for a new use or changed use where no building permit is required shall be part of the application for a zoning permit and shall be acted upon by the Zoning Officer within 15 days of submission of a completed application for a zoning permit.
D.
A temporary certificate of occupancy may be issued by the Zoning Officer for a period not exceeding six months to permit partial occupancy of a building while work is being completed, provided such temporary certificate of occupancy may require such conditions and safeguards as may be warranted to protect the health and safety of the occupants and the public.
E.
Failure to obtain a certificate of occupancy shall be a violation of this chapter and shall be subject to enforcement remedies as provided in this chapter.
F.
The Zoning Officer shall maintain a record of certificates of occupancy and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or lot affected.
§ 320-119 Planning Commission.
The Township Planning Commission has been created in accordance with Article II of the Pennsylvania Municipalities Planning Code[1] to fulfill the advisory role to the Board of Supervisors in the administration of this chapter and Chapter 270, Subdivision and Land Development.
A.
Membership.
(1)
The membership of the Planning Commission shall consist of five members, all of whom shall be residents of the Township. At least three of the five members shall be citizen members and shall not be officers or employees of the Township.
(2)
The term of office for each member shall be four years and the terms of no more than two members shall expire in any calendar year.
(3)
When any vacancies occur, the Chairman shall promptly notify the Board of Supervisors and the Board shall fill the vacancy for the unexpired portion of the term.
(4)
The Board of Supervisors may appoint as many alternate members to serve on the Planning Commission as it deems appropriate, who shall serve only in the event that an appointed member of the Planning Commission is unable, unwilling or cannot serve for any other reason.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5)
The Board of Supervisors may permit the compensation of members of the Planning Commission, provided that said amount of compensation is set through the passage of a resolution at a public meeting of the Board of Supervisors, which may be amended from time to time through the passage of a subsequent resolution.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Duties of the Planning Commission.
(1)
(2)
The Planning Commission, at the request of the Board of Supervisors, may:
(a)
Make recommendations to the Board of Supervisors concerning adoption or amendment of an official map, as defined herein.
(b)
Prepare and present to the Board of Supervisors a zoning ordinance and make recommendations to the Board of Supervisors on proposed amendments to it.
(c)
Prepare and recommend subdivision and land development and planned residential development regulations and amendments thereto and make recommendations to the Board of Supervisors on applications submitted under those regulations.
(d)
Prepare and present to the Board of Supervisors a building code and a housing code and make recommendations concerning proposed amendments thereto.
(e)
Do such other acts or make such studies as may be necessary to fulfill the duties and obligations imposed by the Pennsylvania Municipalities Planning Code.
(f)
Prepare and present to the Board of Supervisors an environmental study.
(g)
Submit a recommended capital improvements program to the Board of Supervisors.
(h)
Prepare and present to the Board of Supervisors a water survey that shall be consistent with the state water plan and any applicable water resources plan adopted by a river basin commission conducted in consultation with any public water supplier in the area to be surveyed.
(i)
Promote public interest in, and understanding of, the Comprehensive Plan and planning.
(j)
Make recommendations to governmental, civic and private agencies and individuals as to the effectiveness of the proposals of such agencies and individuals.
(k)
Hold public hearings and meetings.
(l)
Present testimony before any board.
(m)
Require from other departments and agencies of the Township such available information as relates to the work of the Planning Commission.
(n)
In the performance of its functions, enter upon any land to make examinations and surveys with the consent of the landowner.
(o)
Prepare and present to the Board of Supervisors a study regarding the feasibility and practicability of using renewable energy sources in specific areas within the Township.
(p)
Review the zoning ordinance, subdivision and land development ordinance and such other ordinances and regulations governing the development of land no less frequently than it reviews the Comprehensive Plan.
(3)
In the performance of its powers and duties, any act or recommendation of the Planning Commission that involves engineering considerations shall be subject to review and comments of the Township Engineer, that shall be incorporated and separately set forth in any report, written act or recommendation of the Planning Commission.
C.
Records. The Secretary of the Planning Commission shall keep minutes of all meetings and shall maintain a file of the Commission's records that shall be the property of the Township.
[1]
Editor's Note: See 53 P.S. § 10201 et seq.
§ 320-120 Procedure for amendments.
The Board of Supervisors may introduce and/or consider amendments to this chapter and to the Zoning District Map, as proposed by the Board of Supervisors or by the Planning Commission or by a petition of a landowner of property within the Township.
A.
Petitions. Petitions for amendments shall be filed with the Planning Commission at least 10 calendar days prior to the meeting at which the petition is to be heard. The petitioners, upon such filing, shall submit a legal description of the property proposed to be rezoned and a statement justifying the request and shall pay a filing fee, in accordance with the fee schedule fixed by resolution of the Board of Supervisors. The Planning Commission shall review the proposed amendment and report its findings and recommendations in writing to the Board of Supervisors.
B.
Referral. Any proposed amendment presented to the Board of Supervisors without written findings and recommendations from the Township Planning Commission and the Washington County Planning Commission shall be referred to these agencies for review at least 30 days prior to the public hearing by the Board of Supervisors. The Board of Supervisors shall not hold a public hearing upon such amendments until the required reviews are received or the expiration of 30 days from the date of referral, whichever comes first.
C.
Posting of property. If the proposed amendment involves a change to the Zoning District Map, a minimum of two notices of the public hearing shall be conspicuously posted on the property at least seven days prior to the date of the public hearing. At least 14 days prior to the public hearing, the Zoning Officer shall mail a copy of the notice by mail to each property owner within 300 feet of the entire perimeter of the property, including those located across a street right-of-way. The cost of mailing the notices shall be paid by the applicant, if an applicant requests the amendment. If the Township initiates the amendment, the Township shall pay the cost of mailing the certified notices.
D.
Public notice and public hearing. Before acting on a proposed amendment, the Board of Supervisors shall hold a public hearing thereon. Public notice, as defined by this chapter, and mailed notice and electronic notice if applicable per 53 P.S. § 10109, shall be given containing a brief summary of the proposed amendment and reference to the place where copies of the same may be examined.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Readvertisement and rehearing. If after any public hearing is held upon a proposed amendment, the amendment is substantially changed or revised to include land not previously affected by the amendment, the Board of Supervisors shall hold another public hearing, pursuant to public notice, and mailed notice and electronic notice if applicable, before proceeding to vote on the amendment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F.
Publication, advertisement and availability.
(1)
Proposed amendments shall not be enacted unless the Board of Supervisors gives notice of the proposed enactment, including the time and place of the meeting at which passage will be considered and a reference to the place in the Township where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof.
(2)
The Board of Supervisors shall publish the proposed amendment once in a 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 setting forth all the provision in reasonable detail. If the full text is not included:
G.
Action. Within 90 days of the date when the public hearing on the proposed amendment is officially closed, the Board of Supervisors shall vote on the proposed amendment. In the event substantial amendments are made in the proposed amendment before voting on enactment of the amendment, the Board of Supervisors shall readvertise in one newspaper of general circulation in the Township a brief summary of the amendments at least 10 days prior to enactment.
H.
Filing amendment with County Planning Commission. Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Washington County Planning Commission.
§ 320-121 Fees.
The Board of Supervisors shall establish and revise, from time to time, a schedule of fees by resolution, as well as a collection procedure, for all applications submitted under the provisions of this chapter. The schedule of fees shall be available to the public from the Zoning Officer or Township Secretary.
§ 320-122 Landowner curative amendments.
A curative amendment may be filed by a landowner who desires to challenge, on substantive grounds, the validity of this chapter or the Zoning District Map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest.
A.
Procedure. The landowner may submit a curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in Sections 609.1 and 1004 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1] As with other proposed amendments, the curative amendment shall be referred to the Township Planning Commission and the Washington County Planning Commission at least 30 days before the hearing is conducted by the Board of Supervisors. Public notice shall be given in accordance with Sections 610 and 1004 and other applicable provisions of the Pennsylvania Municipalities Planning Code. The hearings shall be conducted in accordance with the provisions of Subsections (4) through (8) of Section 908 of the Pennsylvania Municipalities Planning Code[2] and all references in that section to the Zoning Hearing Board shall be references to the Board of Supervisors.
B.
Evaluation of merits of curative amendment. If the Board of Supervisors determines that a validity challenge has merit, the Board of Supervisors may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment that will cure the alleged defects. The Board of Supervisors shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(1)
The impact of the proposal upon 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 upon 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 this chapter or Zoning District Map;
(3)
The suitability of the site for the intensity of the use proposed by 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; and
(5)
The impact of the proposal on the preservation of agriculture and other land uses that are essential to public health and welfare.
C.
Declaration of invalidity in court. If the Township does not accept a landowner's curative amendment brought in accordance with this section and a court subsequently rules the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter, but only for those provisions that specifically relate to the landowner's curative amendment and challenge.