Fallowfield Township
City Zoning Code
City Zoning Code
ARTICLE XVII
Administration and Enforcement
§ 400-67 Zoning Officer.
A.
The Zoning Officer shall administer and enforce this chapter, including the receiving of applications, the inspection of premises and the issuing of zoning permits. No zoning permit shall be issued by said officer except where the provisions of this article have been complied with. The Zoning Officer shall meet the qualifications established by the Township. The duties of the Zoning Officer shall include, but not be limited to, the following:
B.
The Zoning Officer shall be appointed by the Board of Supervisors of Fallowfield, Washington County, Pennsylvania, and shall not hold any elective office in the Township.
§ 400-68 Zoning permit.
A.
No building or structure, including mobile homes, shall be erected, added to, or structurally altered until a permit therefor has been issued by the Zoning Officer. All applications for zoning permits shall be in accordance with the requirements of this chapter, and, unless upon written orders of the Zoning Hearing Board, no such zoning permit shall be issued for any building where said construction, addition or alteration for use thereof would be in violation of any of the provisions of this chapter. Remodeling or improvement of an existing building that does not alter the basic structure, create additional lot area coverage or change the use of the parcel or building is exempt from this specific requirements. A zoning permit shall be required prior to any of the following:
(1)
The erection, construction or structural alteration of any building, structure, dwelling or portion thereof;
(2)
The moving of a structure into the districts or from one place in the district to another;
(3)
The change in use of structure or land;
(4)
The change or extension of a nonconforming use or structure.
B.
There shall be submitted with all applications for zoning permits, two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location of the building on the lot and accessory buildings to be erected, and other such information as may be deemed necessary by the Zoning Officer to determine and provide for the enforcement of this chapter.
C.
No permit shall be required for the following:
D.
Zoning permits issued for the purpose of permitting, construction, reconstruction, alterations, repairs, use or the like shall automatically expire 12 months from the date of issue. Prior to the continuance of the activity, use or change for which the original permit was used, a new zoning permit must be obtained. If, however, the construction, alteration, reconstruction, repairing, use or the like has been proceeding in a constant and regular manner and that, due to the extent and size of the subject project, it is impossible for the applicant to complete said process prior to the expiration of 12 months or because of an act of nature, no new permit must be obtained. However, the applicant must advise the Zoning Officer of said expiration and advise as to the reason for failure to complete within the specified time period. In the event said applicant fails to notify the Zoning Officer of said failure to complete, then said permit shall immediately expire and no further activity may take place unless a new permit is obtained.
E.
If, after the issuance of a zoning permit, no construction or other process is instituted, said permit shall terminate immediately 12 months from the date of issuance as stated above.
F.
A copy of the permit shall be posted on the premises for public inspection during the prosecution of the work and until completion of same.
§ 400-69 Conditional use permit.
An application for a zoning permit for a conditional use in any zoning district where such a use is allowed shall be filed with the Zoning Officer, and it shall:
A.
Identify and describe the property, its location and the present use being made of the property.
B.
Reasonably describe present improvements and any intended additions and changes to be made if the conditional use is granted.
C.
Disclose the conditional use for which the application is being made and by plan, map and description, show how the property, as it may be improved, meets or will meet the standards and criteria required in this chapter for such conditional uses.
D.
Upon receipt of such application for conditional use, the Zoning Officer shall forthwith refer the same to the attention of the Township Planning Commission. The Planning Commission shall arrange a date, time and place for a meeting with the applicant for the conditional use. Said meeting shall be held within 45 days of filing of the application with the Zoning Officer. The Planning Commission shall make a recommendation on the application to the Township Supervisors within 60 days of the original filing of the application with the Zoning Officer.
E.
The Township Supervisors may authorize conditional uses pursuant to express standards and criteria specified in this chapter for said uses and may attach such additional conditions and safeguards as it may deem necessary.
F.
The Township Supervisors shall hold a public hearing, pursuant to public notice, on the conditional use within 45 days of the Planning Commission recommendation and shall issue a decision within 15 days of the public hearing.
G.
The Zoning Officer shall be under a duty of issuance of a permit or order indicating the action of the Township Supervisors as a result of the hearing by said Supervisors on the application and shall notify the applicant.
H.
Any affected party or any person having a legal interest in the property may, within 30 days following such order having been issued, appeal the same to Washington County Court of Common Pleas, in accord with the Judicial Code [42 Pa.C.S.A. § 933(c)(1)] and the Municipal Planning Code (Act 247 of 1968, as amended by Act 170 of 1988).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 400-70 Occupancy permit.
A.
Upon completion of the authorized new construction, alteration, remodeling, change of use of building or land under the provisions of a zoning permit, such building shall not be occupied until an occupancy permit has been issued by the Zoning Officer. Written request to the Zoning Officer shall be processed within one week of receipt of the request of the proposed use, provided the use is in conformity with the provisions of this chapter and other effective and applicable ordinances. The Zoning Officer's refusal to issue an occupancy permit shall include a written statement to the applicant containing reasons for such denial.
B.
Occupancy permits are required for the following:
(1)
Occupancy of a new building.
(2)
Occupancy and use of a building hereafter moved or altered so as to require a zoning permit.
(3)
Change in the use of an existing building other than to a use of the same type.
(4)
Occupancy and use of vacant land.
(5)
Change in the use of land except to another use of the same type.
(6)
Any change in use of a nonconforming use.
C.
Occupancy permits shall state that the building or the proposed use of a building or land complies with all provisions of this chapter and all other ordinances of the Township.
D.
No occupancy permit shall be issued until such time as the applicant has applied for the same, paid the application fee, and the premises have been inspected by the Zoning Officer or his delegate and, thereafter, a determination has been made that the premises are in compliance with this chapter.
E.
No premises, structures, or land use activity requiring a zoning permit shall be used or occupied until such time as an occupancy permit has been granted. If the applicant desires to make use of the premises or project prior to its completion, the same is strictly prohibited until such time as an application has been made for an occupancy permit and all rules and regulations pertaining thereto and as contained herein have been determined by the Zoning Officer to have been met.
§ 400-71 Temporary permits.
A.
Temporary permits shall be required as indicated herein where it is intended that a temporary or seasonal use shall be located anywhere within the Township for a limited period of time.
B.
Temporary permits for the following uses are limited to a one-week period renewable for a maximum of four weeks during any one calendar year or as follows:
C.
Temporary structures used in conjunction with construction work shall be permitted only during the period that construction work is in progress. Temporary permits shall be issued for a three-month period and are renewable only at the discretion of the Zoning Hearing Board.
D.
Temporary permits for basement or foundation structures shall be issued for six-month periods renewable for a maximum of three years at the discretion of the Zoning Hearing Board.
E.
No temporary permit shall be issued for any temporary use where said use would violate any of the provisions of this chapter.
§ 400-72 Fees.
A.
The Township Supervisors shall determine and adopt a schedule for fees, charges and expenses, as well as the collection procedure for permits, variances, special exceptions, conditional uses, amendments or other matters pertaining to this chapter. Said schedule of fees shall be posted in the office of the Township Secretary.
B.
The Township Supervisors shall be empowered to reevaluate the fee schedule from time to time and make adjustments as deemed appropriate. Any such alterations shall not be considered an amendment to this chapter and may be adopted by resolution of the Township Supervisors at any legally advertised public meeting.
C.
Application for permits, approvals and other related matters pertaining to this chapter shall be accompanied by the designated fee and such other documentation specified by this chapter or considered necessary by the appropriate reviewing authorities or agencies.
§ 400-73 Zoning Hearing Board.
A.
Creation, appointment and organization. The membership of the Zoning Hearing Board shall consist of three residents of the municipality appointed by the governing body. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the governing body, but in no case shall the rates of compensation exceed that paid to the governing body. Their terms of office shall be three years and shall be so fixed that the terms of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify the governing body of any vacancies that occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the municipality.
B.
Alternative members. The governing body may appoint one to three residents of the municipality to serve as alternate members of the Zoning Hearing Board. Their terms shall be three years. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board, nor be compensated, unless designated by the Chairman of the Board as a voting alternate member pursuant to Section 906 of the Pennsylvania Municipalities Planning Code (Act 247, 1968, as amended by Act 170, 1988). Alternate members may hold no other office in the municipality.
C.
Powers and duties.
(1)
The Zoning Hearing Board shall hear and decide appeals from any order, requirements, decisions or determination made by the Zoning Officer in the administration of this chapter.
(2)
The Zoning Hearing Board shall hear and decide all matters referred to it or upon which it is required to pass under this chapter and other applicable laws of the Commonwealth of Pennsylvania.
(3)
The Zoning Hearing Board shall hear and decide appeals where it is alleged by the applicant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid ordinance or map or any valid rule or regulation governing the action of the Zoning Officer.
(4)
The Zoning Hearing Board shall hear challenges to the validity of a Zoning Ordinance or Map. In all such challenges, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
(5)
The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided the following findings are made where relevant in a given case:
(a)
That there are unique physical circumstances or conditions, peculiar to the particular property, and that the unnecessary hardship is due to such condition;
(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; and
(e)
That the variance will represent the minimum variance that will afford relief.
(6)
The Zoning Hearing Board may authorize special exceptions where the governing body in the Zoning Ordinance has made provision for such procedures pursuant to express standards and criteria. The Board may attach such additional conditions and safeguards as it may deem necessary.
(7)
Where it has zoning jurisdiction, the Zoning Hearing Board shall also hear all appeals which an applicant may elect to bring before it with respect to any municipal ordinance or requirement pertaining to the same development or development plan. The Board shall have no power to pass upon the nonzoning issues but shall take evidence and make a record thereon.
D.
Procedure. The procedure of the Zoning Hearing Board shall be governed by the provisions of applicable laws of the Commonwealth of Pennsylvania, and such rules, not inconsistent therewith, as the Board may adopt. In general, the procedure for appeal from action of the Zoning Officer shall be as follows:
(1)
Any appeal from the requirements of this chapter shall be taken by filing with the officer from whom the appeal is taken and with the Zoning Hearing Board a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all of the documentary material constituting the record upon which the action appealed was taken.
(2)
The appellant shall, at the time of filing his appeal, pay to the Township a fee as determined by the governing body to defray, or help defray, the required advertising costs.
(3)
Each case as provided for under this chapter shall be heard and/or tried on its merits at a public hearing. All hearings shall be conducted in accordance with the requirements of the Pennsylvania Municipalities Planning Code, as amended, with respect to such proceedings. Notice of such hearing shall be given by publishing in a newspaper or general circulation in the Township in accordance with applicable law. Written notice shall be given to the applicant, the Zoning Officer and such other persons as the Township Supervisors shall designate by ordinance. The Board shall give the notices required by law to all parties in interest, and they may adjourn any hearing for the purpose of giving such further notice.
(4)
In addition, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
(5)
Hearings shall be held within 60 days from the date of the applicant's request, unless an extension of time has been agreed to in writing by the applicant.
(6)
The Planning Commission shall furnish all pertinent narrative material, maps, charts and other data relative to the problem for reference by all concerned. The Board may adjourn any hearing for the purpose of reviewing such data as may be pertinent to the problem and request interpretations of said data by a representative of the Planning Commission.
(7)
The Board shall decide each case within 45 days after the last hearing or as otherwise specified by appropriate statute. A copy of the final decision or finding shall be delivered to the applicant personally or mailed to him/her not later than the day following its date. Notice thereof shall be given to all parties in interest. The Board's decision shall be immediately filed in its office and be a public record. In the exercise of its functions upon such appeals or upon exceptions, the Board may in conformity with law, reverse or affirm wholly or partly, or modify the order requirement, decision or determination appealed from, or make such order requirement, decision, or determination as it determines.
(8)
Where the Board fails to render a decision within the period required, or fails to hold the required hearing within 60 days from the date of the applicant's request for 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.
(9)
Any person, officer or agency of the municipality that is aggrieved by any decision of the Board may appeal therefrom within 30 days to the Court of Common Pleas as provided by law.
§ 400-74 Amendments.
A.
Whenever the public necessity, convenience or general welfare indicates, the governing body may, by ordinance in accordance with applicable laws of the Commonwealth of Pennsylvania, amend, supplement, or change the regulations, restrictions, boundaries or classifications of buildings, structures, and land, as the same are established by this chapter or may hereafter be made a part thereof.
(1)
Before voting on the enactment of an amendment, the governing body shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the municipality at points deemed sufficient by the municipality along the perimeter of 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.
(2)
In case of an amendment other than that prepared by the Planning Commission, the governing body shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing of such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.
(3)
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 governing body shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
(4)
At least 30 days prior to the public hearing on the amendment by the governing body, the municipality shall submit the proposed amendment to the Washington County Planning Commission for recommendations.
(5)
Within 30 days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the County Planning Commission.
B.
Applications or petitions for any change or amendments to existing zoning districts shall be made to the Planning Commission and shall be accompanied with a fee as determined by the governing body, payable to the Township of Fallowfield, and shall be deposited in the general fund. This fee is for the purpose of defraying the costs of preparing the necessary plats, maps, data, legislation and notices and all official publications required by the Township and shall not be refundable even though the application is disapproved by the governing body.
C.
The Township Supervisors may from time to time, on its own motion or petition, after public notice and hearing, amend the regulations and districts herein established, but no amendment shall become effective unless the same shall have first been submitted to the Fallowfield Township and Washington County Planning Commissions for review, and said Commissions shall have been allowed a period of at least 30 days for consideration and report.
D.
A landowner who desires to challenge on substantive grounds the validity of a Zoning Ordinance or Map or any provision thereof which prohibits or restricts the use of development of land in which he has an interest may submit a curative amendment to the governing body with a written request that his challenge and proposed amendment be heard and decided.
(1)
The governing body shall commence a hearing thereon within 60 days of the request. The curative amendment and challenge shall be referred to the Fallowfield Township and Washington County Planning Commissions for review and comment, and notice of the hearing thereon shall be given as required for public notice.
[Amended 1-27-2016 by Ord. No. 224]
(2)
If the Township Supervisors do not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the entire Zoning Ordinance and Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
(3)
The governing body may determine that a validity challenge has merit and may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment that will cure the challenged defects. The governing body shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;
(b)
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 the ordinance or map;
(c)
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;
(d)
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
(e)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
E.
If the Township Supervisors determine that the Zoning Ordinance or any portion thereof is substantially invalid, it shall take the following actions.
(1)
Declare by formal action the Zoning Ordinance or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the governing body shall:
(2)
Within 180 days from the date of the declaration and proposal, enact a curative amendment to validate, or reaffirm the validity of, the Zoning Ordinance.
F.
Zoning amendments shall not be enacted unless notice of proposed enactment is given. The notices shall include the time and place of the meeting at which passage will be considered, and a reference to a place within the Township where copies of the proposed ordinance or amendment may be examined either without charge or for a charge not greater than the cost thereof. The governing body shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the municipality not more than 60 days nor less than seven days prior to the passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the Municipal Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
(1)
A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.
(2)
An attested copy of the proposed ordinance shall be filed in the Washington County Law Library.
(3)
In the event substantial changes are made in the proposed amendment, before voting upon enactment, the governing body 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.
§ 400-75 Interpretation; intent; conflict with other provisions.
The interpretation and application of the provisions of this chapter shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. This chapter is not intended to interfere with or abrogate or annul other rules, regulations or ordinances of the Township of Fallowfield, provided that where this chapter imposes a greater restriction upon the use of building or premises, or upon the height of a building, or requires larger open spaces than are imposed by other such rules, regulations or ordinances, the provision of this chapter shall prevail.
§ 400-76 Remedies.
In case any structure or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained and/or used in violation of this chapter, or any regulations made pursuant thereto, the Township Supervisors, in addition to specifically authorizing the Zoning Officer to obtain enforcement and in addition to other remedies, may institute in the name of the municipality by itself or through the Zoning Officer, any appropriate action or proceeding to prevent, restrain, correct, or abate such building structure, land or use or to prevent in or about such premises any act, conduct, business or use constituting a violation.
§ 400-77 Violations and penalties.
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 Fallowfield Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by Fallowfield 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 Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, Fallowfield Township may enforce the judgment pursuant to the applicable rules of civil procedures. 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 attorneys' fees collected for the violation of this chapter shall be paid over to Fallowfield Township.
§ 400-78 Enforcement notice.
[Added 7-16-1999 by Ord. No. 159]
The Zoning Officer of Fallowfield Township is hereby authorized to commence enforcement proceedings and to issue enforcement notices under this chapter in accordance with the following provisions:
A.
If it appears to the Township that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B.
An enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
C.
An enforcement notice shall state at least the following:
(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 the description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
(4)
The date before which the 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 provisions 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 as provided under this chapter clearly described to the owner or other person against whom the municipality intends to take action.
D.
In any appeal of an enforcement notice to the Zoning Hearing Board, the Township shall have the responsibility of presenting its evidence first.
E.
Any filing fee paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Township if the Zoning Hearing Board or any court in a subsequent appeal rules in the appealing party's favor.