Harrison Township Allegheny County
City Zoning Code
City Zoning Code
PART 5
ADMINISTRATION AND ENFORCEMENT
§ 501 Zoning Officer Powers and Duties.
[Ord. 1944, 11/23/2009]
1.
The provisions of this Chapter shall be administered and enforced by a Zoning Officer who shall be appointed by the Board of Commissioners. The Zoning Officer shall hold no elective 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. The Zoning Officer shall administer and enforce the provisions of this Chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use that does not conform to this Chapter.
2.
The Zoning Officer shall have all the powers and duties conferred upon him by this Chapter and the Pennsylvania Municipalities Planning Code. The Zoning Officer's duties shall include the following:
A.
Receive and examine all applications for zoning certificates, building permits and certificates of occupancy.
B.
Notify applicants of any deficiencies in applications and request additional information.
C.
Process applications for zoning certificates and certificates of occupancy for all permitted uses.
D.
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 zoning certificates or certificates of occupancy for the proposed use.
E.
Receive applications for conditional uses and forward these applications to the Planning Commission and Board of Commissioners for recommendation and action prior to considering issuance of zoning certificates or certificate of occupancy for the proposed use.
F.
Issue certificates and permits only where there is compliance with the provisions of this Chapter, with other Township ordinances and the laws of the Commonwealth.
G.
Issue denials of zoning certificates or certificates of occupancy and refer any appeal of the denial to the Zoning Hearing Board for action thereon.
H.
Conduct inspections and surveys to determine compliance or noncompliance with this Chapter.
I.
Issue notices of violation in accordance with the requirements of § 503.2 below.
J.
With the approval of the Board of Commissioners, or when directed by the Board of Commissioners, 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.
K.
Revoke any order or permit issued under a mistake of fact or contrary to the law or the provisions of this Chapter.
L.
Record and file all applications for zoning certificates and certificates of occupancy with accompanying plans and documents, and maintain permanent files of those applications and certificates as a public record.
M.
Maintain the official Zoning District Map for the Township.
N.
Register nonconforming uses, structures and lots.
O.
Submit a monthly written report to the Board of Commissioners of all zoning certificates, certificates of occupancy, sign permits, temporary use permits and all notices of violation and orders issued.
P.
Meet with the Planning Commission no less frequently than quarterly to advise the Commission regarding potential developments and to discuss any problems in administering this Chapter and/or recommend amendments to this Chapter.
§ 502 Zoning Certificates.
[Ord. 1944, 11/23/2009]
502.1.
When Required.
A.
No land use may be established or changed; no structure or building may be erected, constructed, reconstructed, structurally altered, enlarged, razed or removed; and no building or structure may be used or occupied or the use or nonconforming use changed until a Zoning Certificate has been obtained from the Zoning Officer.
B.
In the case of changes to occupancy of a lot or building which, in the reasonable judgment of the Zoning Officer, might result in a use generating over 250 vehicular trips per day, the Zoning Officer shall require submission of a traffic impact study and compliance with the requirements of § 310 before any building permit or zoning certificate is issued. Fifteen copies of the study shall be submitted.
(1)
Upon receipt of such traffic study, the Zoning Officer shall distribute copies of the study to the Planning Commission, Board of Commissioners and Township Engineer.
(2)
The Township may retain its own traffic consultant to evaluate the study.
(3)
The Zoning Officer shall determine whether the traffic study is complete and accurate and whether all requirements of § 310 are met and shall notify the applicant in writing of his determination within 90 days after application for a building permit or zoning certificate is filed.
(4)
No building permit or zoning certificate shall be issued unless the Zoning Officer determines that the study is complete, accurate and that the requirements of § 310 are met.
(5)
The requirement to submit a traffic study shall not apply when the Zoning Officer determines:
C.
In the instances where a Building Permit is required and applied for, a zoning certificate shall be prerequisite to issuance of the building 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 accompanied by a zoning certificate.
D.
In the case of a conditional use or use by special exception, the Zoning Officer shall refer the application to the Planning Commission and Board of Commissioners or to the Zoning Hearing Board, whichever is applicable, for a decision granting approval of the conditional use or use by special exception prerequisite to issuing a zoning certificate. Whenever the approval of a conditional use or use by special exception includes conditions attached to the approval, said conditions shall be incorporated automatically into the zoning certificate as if set forth therein at length.
E.
In the case of a permitted use, the Zoning Officer shall not issue the zoning certificate unless and until all applicable regulations of this Chapter have been met and, in the case of a use for which land development plan approval is required by the Township Subdivision and Land Development Ordinance, unless and until final approval of the land development plan has been granted by the Township Planning Commission. Whenever final approval of a land development plan is subject to conditions, those conditions shall be incorporated automatically into the zoning certificate as if set forth therein at length.
502.2.
Application for Zoning Certificate.
A.
All applications for zoning certificates shall be made in writing by the owner or his authorized agency on a form furnished by the Township and shall include a statement of the intended use of the building and a property survey, both prepared in duplicate and drawn to scale, and copies of all required County, State and/or Federal permits as approved by the appropriate agency, and shall include the following information at a minimum:
(1)
All applications for a proposed use that does not involve construction, alteration or enlargement of a principal or accessory structure shall include a plot plan showing compliance with any applicable requirements for the proposed use such as signage, parking, buffer areas and the like, as well as a narrative describing the proposed use and demonstrating compliance with all applicable criteria for approval, including, but not limited to, any express standards and criteria for a conditional use or use by special exception. The Zoning Officer may, in his/her judgment, require that a plot plan prepared by a surveyor, engineer, architect or landscape architect, registered in the Commonwealth, be provided in instances where the minimum setbacks, lot coverage or other zoning requirements are at or near the limitations provided for under the ordinance and/or in instances where the Zoning Officer has reason to believe that the information presented by the applicant may be inaccurate and/or incomplete.
(2)
All applications for a zoning certificate for a principal structure where construction is proposed shall be accompanied by two copies of a plot plan, drawn to scale, showing: key location map; graphic scale; North arrow; closest intersecting public road; exact dimensions and total acreage of the lot(s) or parcel; zoning of lots and zoning of all abutting properties; exact location and exterior dimensions of the existing and proposed building(s) or other structure(s); exact location and area of all existing and proposed watercourses; drainageways, rights-of-way and easements; exact location of existing and proposed driveways, streets and roads within, adjacent and opposite to the lot(s) or parcel; exact location of existing and proposed off-street parking, loading and pedestrian movement facilities; exact dimensions of front, side and rear yards for all principal and accessory uses; and any other additional data as may be deemed necessary and be requested by the Zoning Officer to determine compliance with this Chapter. The Zoning Officer may, in his/her judgment require that a plot plan prepared by a surveyor, engineer, architect or landscape architect, registered in the Commonwealth, be provided in instances where the minimum setbacks, lot coverage or other zoning requirements are at or near the limitations provided for under the ordinance and/or in instances where the Zoning Officer has reason to believe that the information presented by the applicant may be inaccurate and/or incomplete.
(3)
All applications for construction, alteration or enlargement of an accessory structure shall be accompanied by two copies of a plot plan showing the principal structure, the proposed location of the accessory structure, setbacks for the accessory structure, its relationship to the principal structure and all easements and rights-of-way on the property. The Zoning Officer may, in his/her judgment, require that a plot plan prepared by a surveyor, engineer, architect or landscape architect, registered in the Commonwealth, be provided in instances where the minimum setbacks, lot coverage or other zoning requirements are at or near the limitations provided for under the ordinance and/or in instances where the Zoning Officer has reason to believe that the information presented by the applicant may be inaccurate and/or incomplete.
(4)
The Zoning Officer may require an applicant to furnish a survey of the property by a Pennsylvania registered land surveyor when complete and accurate information is not readily available from existing records.
(5)
The Zoning Officer may require additional data to determine compliance with this Chapter.
B.
It shall be the duty of the Zoning Officer to review the application to determine if all necessary information has been submitted or request more information of the applicant and officially receive the application for review by the appropriate Township agencies.
502.3.
Zoning Certificate. Upon approval of the application for a zoning certificate, one copy of the approved zoning certificate with the approved application attached shall be returned to the applicant. One copy of such zoning certificate shall be kept on file in the Township Office.
502.4.
Denial of Zoning Certificate. In the event of a denial, the Zoning Officer shall state in writing the reason(s) for such denial, including the citation of the specific section(s) of this Chapter or other pertinent ordinances that have not been met.
502.5.
Inspection. The Zoning Officer, or his duly appointed representative, may make inspections on the property for which an application for a zoning certificate has been submitted, issued or completed.
502.6.
Failure to Obtain Zoning Certificate. Failure to obtain a zoning certificate shall be a violation of this Chapter and shall be subject to the enforcement remedies of § 503 of this Chapter.
§ 503 Enforcement.
[Ord. 1944, 11/23/2009]
The Township shall enforce this Chapter in accordance with applicable procedures set forth in the Pennsylvania Municipalities Planning Code.[1] The Township may pursue any and all enforcement remedies and/or causes of action for violation of this Chapter to the full extent authorized under the Pennsylvania Municipalities Planning Code or other applicable law.
503.1.
Violations. Failure to comply with any provisions of this Chapter; failure to secure a zoning certificate prior to the erection, construction, extension, structural alteration, addition or occupancy of a building or structure; or failure to secure a certificate of occupancy for the use or change of use or occupancy of structures or land, shall be a violation of this Chapter.
503.2.
Enforcement Notice. The enforcement notice shall contain the following information:
A.
The name of the owner of record and any other person against whom the Township intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements that have not been met, citing in each instance the applicable provisions of this Chapter.
D.
The date before which steps for compliance must be commenced and the date before which the steps must be completed.
E.
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days in accordance with the procedures set forth in this Chapter, except that this period may be reduced to 10 days in cases where the violation poses an immediate threat to the public health, safety and welfare.
F.
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.
503.3.
Enforcement Remedies.
A.
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 District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
B.
Each day that a violation continues shall constitute a separate violation, unless the District Justice, 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 District Justice 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.
C.
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.
D.
Nothing contained in this Section 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 Section.
503.4.
Causes of Action. In case any building, structure, landscaping or land is or is proposed to be 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 Commissioners or, with approval of the Board of Commissioners, the Zoning Officer or other proper official, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute 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. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time when the action is begun by serving a copy of the complaint on the Board of Commissioners. No such action may be maintained until such notice has been given.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 504 Certificate of Occupancy.
[Ord. 1944, 11/23/2009]
504.1.
When Required. A certificate of occupancy indicating compliance with the provisions of this Chapter shall be required prior to:
A.
Occupancy of any structure following completion of construction, reconstruction or enlargement of the structure governed by an approved building permit.
B.
Occupancy of any land or structure for which a building permit is not required.
C.
A change in the use of an existing building, structure, water body or land area.
D.
A change of a nonconforming use, building or structure authorized by the Zoning Hearing Board.
504.2.
Application for Certificate of Occupancy. All requests for a certificate of occupancy shall be made in writing, on a form furnished by the Township, completed by the owner, or other authorized agent, and shall include a statement that the use and/or construction authorized by the approved zoning certificate has been completed in compliance with all applicable requirements.
A.
It shall be the duty of the Zoning Officer to review the application to determine if all necessary information has been submitted, to request more information of the applicant and officially receive the application.
504.3.
Issuance of Certificate of Occupancy.
A.
Applications for a certificate of occupancy shall be reviewed by the Zoning Officer. The Zoning Officer shall either issue findings as a basis for denial or shall approve the application.
B.
Upon approval of the request for a certificate of occupancy, one copy of the certificate of occupancy shall be given to the applicant, and one copy of the certificate of occupancy shall be kept on file in the Township Office.
504.4.
Denial of Certificate of Occupancy. In the event of denial, the Zoning Officer shall forward to the applicant, a written statement containing the reason(s) for such denial and shall cite the specific requirements of this Chapter that have not been met.
504.5.
Time Limitations. A certificate of occupancy shall remain valid for as long as the structure, building, water body or land area is used in the manner for which the certificate of occupancy has been issued.
504.6.
Temporary Certificate of Occupancy. 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, structure, water body or land area while work is being completed, provided such temporary certificate of occupancy may require such conditions and safeguards as may be warranted, including posting of surety, to protect the health and safety of the occupants and the public and guarantee compliance with the provisions of this Chapter or any conditions attached to the zoning certificate.
504.7.
Failure to Obtain a Certificate of Occupancy. Failure to obtain a certificate of occupancy shall be a violation of this Chapter and shall be subject to enforcement remedies as provided in § 503 of this Chapter.
§ 505 Temporary Use Permits.
[Ord. 1944, 11/23/2009]
505.1.
When Required. A temporary use permit shall be required prior to the initiation of a permitted temporary use of a structure, land or water body and shall meet the following requirements.
A.
Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail business with the permission of the landowner for a period of not more than 72 consecutive hours shall be exempt from obtaining a temporary use permit. Any such activity that exceeds 72 consecutive hours in duration shall be subject to approval by the Zoning Officer of a temporary use permit and this Section, provided the Zoning Officer determines compliance with all applicable standards of Subsection D below.
B.
Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization and seasonal agricultural activities shall be subject to approval of a temporary use permit, provided the Zoning Officer determines compliance with the standards of Subsection D below, as a condition precedent to obtaining the temporary use permit under this Section.
C.
Temporary construction trailers, model homes or sales offices shall be subject to approval of a temporary use permit by the Zoning Officer under this Section.
D.
All other temporary uses shall be subject to a determination by the Zoning Officer that all of the following criteria are met as a condition precedent to obtaining a temporary use permit under this Section:
(1)
A transient merchant license, if required by Township ordinance, shall be obtained.
(2)
The proposed temporary use or structure shall be limited to those uses or structures otherwise authorized in the zoning district.
(3)
In the B-1 and V Districts, preparation and/or serving of food in an outdoor setting for a period of more than 72 consecutive hours shall be permitted only if all of the following requirements are met:
(a)
Evidence of an approved permit from the Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services or its successor agency.
(b)
The preparation and serving of food shall not be permitted on any vacant lot and shall only be permitted on the site of an existing business.
(c)
The area used for preparing and serving the food shall not obstruct any sidewalk or public rights-of-way nor shall it obstruct the free flow of pedestrian or vehicular traffic on the site or adjoining the site. On any sidewalk, there shall be maintained a minimum of five feet unobstructed width for the passage of pedestrians and, in the case where there is parallel parking permitted along such sidewalk, a minimum of four feet adjacent to the curb to permit the discharging of passengers shall be provided. These required unobstructed areas on the sidewalk may be combined into one area at least five feet wide along the curb.
(d)
No noise or odor shall emanate from such outdoor area where food is prepared and/or served that adversely affects any adjoining residentially zoned property within 300 feet of the outdoor area.
(e)
The area used for preparing and serving food shall not eliminate the availability of the minimum required number of parking spaces on the site.
(f)
The activity shall comply with all applicable Township codes and ordinances.
(g)
The site intended to be used for the preparation and/or serving of food shall provide restroom facilities available to the public, unless the existing business on the site has restroom facilities that will be available to the public visiting the temporary use.
(h)
The owner of the existing business or the operator of the temporary use involving the preparation and/or serving of food in an outdoor setting shall provide the Township with a certificate of insurance, in an amount at least equal to $1,000,000 per occurrence and $1,000,000 aggregate, indemnifying the Township against any liability resulting from such use.
(4)
Approval of temporary uses or structures shall be granted for a specific time period not to exceed six months. If continued need for the temporary use or structure on an annual basis is demonstrated by the applicant, approval may be granted for annual renewal by the Zoning Officer of the permit for the temporary use or structure, provided all conditions of the original approval are maintained.
(5)
All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.
(6)
All temporary uses or structures that are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of this Chapter for the proposed use if parking is not already available on the site.
(7)
Existing parking on the site may be used for the temporary use, provided it does not reduce the available parking on the site by more than 10%.
(8)
Vehicular access for all temporary uses or structures that are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.
(9)
All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations of the zoning district in which they are located. All temporary uses or structures that are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory structures.
(10)
Temporary uses or structures that are authorized for a particular event shall be removed within 48 hours after the completion of the event.
(11)
Temporary uses or structures that are proposed as principal uses or structures and that are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot.
E.
Where any doubt arises as to compliance with these criteria, the Zoning Officer shall refer the application to the Zoning Hearing Board for consideration as a use by special exception.
505.2.
Application for Temporary Use Permit. All requests for temporary use permits shall be made in writing on a form furnished by the Township and shall include a full description of the type of use for which such permit is being sought and the dates during which this use is proposed to be in existence.
A.
It shall be the duty of the Zoning Officer to review the application for compliance, request more information of the applicant and officially receive the application.
C.
All applications for a temporary use permit shall include a written statement describing the proposed use and demonstrating compliance with the applicable criteria of § 505.1D.
505.3.
Issuance of Permit.
A.
Applications for a temporary use permit shall be reviewed by the Zoning Officer. The Zoning Officer shall either issue findings as a basis for denial or shall approve the temporary use permit.
B.
Upon approval of the application for a temporary use permit, one copy of the permit shall be given to the applicant. The copy of the permit must be publicly displayed at the site of the temporary use during the existence of the use. One copy of the permit shall be kept on file in the Township Office.
505.4.
Denial of Permit. In the event of denial, the Zoning Officer shall forward to the applicant a written statement containing the reason(s) for such denial and shall cite the specific requirements of this Chapter that have not been met.
505.5.
Time Limitations. Temporary use permits are valid for the time period(s) specified in the approval. Annual renewal may be granted subject to the Zoning Officer's determination that there is continuing compliance with § 505.1.
505.6.
Inspections.
A.
The Zoning Officer, or his fully appointed representative, may make an inspection of the property on which such temporary use is to be located to determine the suitability of the site for the use. This inspection shall be made prior to issuing a permit, prior to initiation of the use or in the event a renewal of the permit is requested, during the time the use is in existence.
B.
In the event of such inspection, a record shall be made indicating the time and date of inspection; the findings of the Zoning Officer in regard to conformance with this Chapter and other Township ordinances; and the opinion of the Zoning Officer in regard to the suitability of the site for this use.
505.7.
Failure to Obtain a Temporary Use Permit. Failure to obtain a temporary use permit shall be a violation of this Chapter and shall be subject to enforcement remedies as provided in § 503 of this Chapter.
§ 506 Sign Permits.
[Ord. 1944, 11/23/2009]
506.1.
When Required. A sign permit shall be required prior to the erection or structural alteration of any sign, either permanent or temporary, except that no sign permit shall be required for real estate signs, residential identification signs, contractor signs, window signs, public signs or notification signs. It shall be unlawful for any person to commence work for the erection or alteration of any sign until a permit has been issued.
506.2.
Application for Permit. All requests for sign permits shall be made in writing on a form furnished by the Township and shall include a full description of the proposed sign, a description of the lot upon which such proposed sign is to be located and a description of any other existing signs on the same lot.
A.
All applications for a sign permit shall be accompanied by two copies of a drawing showing: width of sign; height of sign; gross surface area of sign; total height of sign above adjacent ground level; clearance between bottommost part of sign and ground level; and, for freestanding signs, the distance between the front edge of the sign and adjacent street rights-of-way and the distance between the side or rear edge of the sign and the side or rear property line; the proposed message; construction specifications; the type of foundation, structural integrity and ability to withstand wind loads; the form of illumination proposed, if any; and compliance with any other requirements of this Chapter.
B.
It shall be the duty of the Zoning Officer to review the application for completeness and compliance, request more information of the applicant or officially receive the application for the sign.
D.
In the case of new construction of a multitenant development site, it shall be the responsibility of the developer to submit an application for a sign package that includes any monument signs, pole signs or ground signs proposed for the site, as well as any on-premises directional signs. Individual businesses shall apply for permits for any wall signs proposed for their buildings and, in the case of outparcels, any freestanding signs proposed.
506.3.
Issuance of Permit.
A.
Applications for a sign permit shall be reviewed by the Zoning Officer. The Zoning Officer shall either issue findings as a basis for denial or shall approve the application.
B.
Upon approval of the sign permit, one copy of the permit shall be given to the applicant, and one copy of the permit shall be kept on file in the Township Office.
506.4.
Denial of Permit. In the event of denial, the Zoning Officer shall forward to the applicant a written statement containing the reason(s) for such denial and shall cite the specific requirements of this Chapter that have not been met.
506.5.
Inspections. For a sign permit, the Zoning Officer, or his fully appointed representative, may make the following inspections on property which the permanent sign is to be located: prior to installation of the sign; following installation of the sign; occasionally to determine continued maintenance and compliance with this Chapter; in response to any written complaint; whenever the sign is proposed to be replaced or modified; and upon cessation of the use for which the sign was erected.
506.6.
Failure to Obtain a Sign Permit. Failure to obtain a sign permit shall be a violation of this Chapter and shall be subject to enforcement remedies as provided in this Chapter.
§ 507 Amendments.
[Ord. 1944, 11/23/2009]
The Board of Commissioners may introduce and/or consider amendments to this Chapter and to the Zoning District Map. In addition, the Board of Commissioners may consider amendments to this Chapter and to the Zoning District Map that are proposed by the Planning Commission or by a petition of landowners of property within the Township.
507.1.
Petitions. Petitions for amendments by landowners shall be filed with the Planning Commission at least 20 calendar days prior to the meeting at which the petition is to be heard. In the case of a petition for reclassification of property, the petitioners, upon such filing, shall submit a legal description of the property proposed to be rezoned. All petitions shall include a statement justifying the request and documenting consistency with the Township's Comprehensive Plan and a filing fee, in accordance with the fee schedule fixed by resolution of the Board of Commissioners. The Planning Commission shall review the proposed amendment and report its findings and recommendations in writing to the Board of Commissioners.
507.2.
Referral. Any proposed amendment presented to the Board of Commissioners without written findings and recommendations from the Township Planning Commission and the Allegheny County Department of Economic Development (ACED) shall be referred to these agencies for review at least 30 days prior to the public hearing of the Board of Commissioners. The Board of Commissioners 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.
507.3.
Posting of Property. If the proposed amendment involves a change to the Zoning District Map, notice of the public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the tract to notify potentially interested citizens at least seven days prior to the date of the public hearing.
507.4.
Mailing of Notices. In addition to posting the property, if the proposed amendment involves a change to the Zoning District Map, notice of the public hearing shall be mailed by the Township at least 30 days prior to the date of the hearing, by first class mail, to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Township. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this Subsection. This Subsection shall not apply when the rezoning constitutes a comprehensive rezoning.
507.5.
Public Notice and Public Hearing. Before acting on a proposed amendment, the Board of Commissioners shall hold a public hearing thereon. Public notice, as defined by this Chapter, shall be given containing a brief summary of the proposed amendment and reference to the place where copies of the same may be examined.
507.6.
Readvertisement. 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 Commissioners shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
507.7.
Publication, Advertisement and Availability.
A.
Proposed amendments shall not be enacted unless the Board of Commissioners 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.
B.
The Board of Commissioners shall publish the proposed amendment once in a newspaper of general circulation in the Township not more than 60 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 provisions in reasonable detail. If the full text is not included:
507.8.
Action. In the case of proposed adoption of a completely revised Zoning Ordinance, within 90 days of the date when the public hearing on the proposed ordinance is officially closed, the Board of Commissioners shall vote on the proposed ordinance. In the event substantial amendments are made in the proposed ordinance or amendment, the Board of Commissioners shall readvertise in one newspaper of general circulation in the Township a brief summary of the ordinance or amendments at least 10 days prior to enactment.
507.9.
Filing Amendment with County Planning Agency. Within 30 days after enactment, a copy of the amendment to this Chapter shall be forwarded to the Allegheny County Department of Economic Development, the County's designated planning agency.
507.10.
Mediation Option. The Board of Commissioners may offer the mediation option as an aid in completing proceedings authorized by this Section. The Township and the mediating parties shall meet the stipulations and follow the procedures set forth in Article IX of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
§ 508 Procedure for Landowner Curative Amendments.
[Ord. 1944, 11/23/2009]
1.
A landowner who desires to challenge on substantive grounds the validity of this Chapter or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Township Commissioners with a written request that his challenge and proposed amendment be heard and decided as provided in Section 916.1 of the Pennsylvania Municipalities Planning Code (MPC). The Board of Township Commissioners shall commence a hearing thereon within 60 days of the request as provided in Section 916.1 of the MPC. The curative amendment and challenge shall be referred to the planning agency or agencies as provided in Section 609 of the MPC and notice of the hearing thereon shall be given as provided in Section 610 of the MPC and in Section 916.1 of the MPC.
2.
The hearing shall be conducted in accordance with Section 908 of the MPC and all references therein to the Zoning Hearing Board shall, for the purposes of this Section, be references to the Township Board of Commissioners; provided, however, that the provisions of Section 908 (1.2) and (9) of the MPC shall not apply and the provisions of Section 916.1 of the MPC shall control. If the Township does 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.
If the Board of Township Commissioners determines that a validity challenge has merit, it may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Township Board of Commissioners 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.
E.
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
§ 509 Procedure for Municipal Curative Amendments.
[Ord. 1944, 11/23/2009]
If the Township of Harrison determines that its Zoning Ordinance or any portion thereof is substantially invalid, it shall take the following actions:
1.
The Township may declare, by formal action, its 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 Board of Township Commissioners shall:
2.
Within 180 days from the date of the declaration and proposal, the Township shall enact a curative amendment to validate, or reaffirm the validity of, its Zoning Ordinance pursuant to the provisions required by Section 609 of the MPC in order to cure the declared invalidity of the Zoning Ordinance.
3.
Upon the initiation of the procedures, as set forth in Subsection 1, the Board of Commissioners shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the MPC nor shall the Zoning Hearing Board be required to give a report requested under Section 909.1 or 916.1 of the MPC subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection 1A. Upon completion of the procedures as set forth in Subsections 1 and 2, no rights to a cure pursuant to the provisions of Sections 609.1 and 916.1 of the MPC shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which there has been a curative amendment pursuant to this Section.
4.
If the Township utilizes the procedures as set forth in Subsections 1 and 2, it may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of its Zoning Ordinance, pursuant to Subsection 2; provided, however, if after the date of declaration and proposal there is substantially new duty or obligation imposed upon the Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Township may utilize the provisions of this Section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.
§ 510 Zoning Hearing Board.
[Ord. 1944, 11/23/2009]
510.1.
Membership. The membership of the Zoning Hearing Board shall consist of three residents of the Township appointed by the Board of Commissioners. Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify the Board of Commissioners when vacancies 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 elected or appointed office in the Township, nor shall any member be an employee of the Township.
A.
Appointment of Alternate Members. The Board of Commissioners may appoint by resolution at least one, but no more than three, residents of the Township to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 510.1B, an alternate shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board to the same and full extent as provided by law for Zoning Hearing Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the power and duties set forth in this Chapter and as otherwise provided by law. Alternates shall hold no other elected or appointed office in the Township, including service as a member of the Planning Commission or as Zoning Officer, nor shall any alternate be an employee of the Township. Any alternate may participate in any proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote as a member of the Zoning Hearing Board unless designated as a voting alternate member pursuant to § 510.1B of this Chapter.
B.
Participation by Alternate Members. The Chairman of the Zoning Hearing Board may designate alternate members of the Board to replace any absent or disqualified members and if, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Zoning Hearing Board shall designate as many alternate members of the Zoning Hearing Board to sit on the Zoning Hearing Board as may be needed to reach a quorum. Any alternate member of the Zoning Hearing Board shall continue to serve on the Zoning Hearing Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Zoning Hearing Board has made a final determination of the matter or case. Designation of an alternate pursuant to this Subsection shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
C.
Removal of Members. Any Zoning Hearing Board member may be removed for malfeasance, misfeasance or nonfeasance in the office, or for other just cause, by a majority vote of the Board of Commissioners taken after the member has received 15 days' advance notice of the intent to take such vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
510.2.
Organization of the Zoning Hearing Board.
A.
Officers. The Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves.
B.
Quorum. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Zoning Hearing Board except when member(s) of the Zoning Hearing Board are disqualified to act in a particular matter, alternate members shall be appointed to provide a quorum.
C.
Hearing Officer. The Zoning Hearing Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Zoning Hearing Board and accept the findings or decision of the hearing officer as final.
D.
Procedures. The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the Commonwealth of Pennsylvania.
E.
Files and Annual Report. The Zoning Hearing Board shall keep full public records of its business, and shall submit a report of its activities to the Board of Commissioners once a year.
510.3.
Jurisdiction of the Zoning Hearing Board. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in the following matters:
A.
Substantive challenges to the validity of any land use ordinance, except curative amendments brought before the Board of Commissioners.
B.
Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after the effective date of the ordinance.
C.
Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.
D.
Appeals from a determination by the Township Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
E.
Applications for variances from the terms of this Chapter and flood hazard ordinance or such provisions within a land use ordinance.
F.
Applications for uses by special exception under this Chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 303 and Part 4 of this Chapter.
G.
Appeals from the Zoning Officer's determination under Section 916.2 of the Pennsylvania Municipalities Planning Code (Act 247, as amended).
H.
Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving subdivision and land development or planned residential development.
510.4.
Variances. The Zoning Hearing Board, upon appeal, shall have the power to authorize variances from the requirements of this Chapter and to attach such conditions to the variance as it deems necessary to assure compliance with the purposes of this Chapter. A variance may be granted if all of the following findings are made 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 necessary to afford relief and will represent the least modification possible of the regulation in issue.
510.5.
Uses by Special Exception. The Zoning Hearing Board shall have the power to hear and decide on applications for uses by special exception as authorized by this Chapter, in harmony with its general purpose and intent, and in accordance with the standards set forth in Part 4. The Zoning Hearing Board shall approve a use by special exception only if it meets all applicable requirements of this Chapter and the express standards and criteria set forth in Part 4. In granting a use by special exception, the Zoning Hearing Board may attach such reasonable safeguards, in addition to those expressed in this Chapter, as it may deem necessary to properly implement this Chapter and protect the public health, safety and welfare.
510.6.
Notice and Conduct of Hearings.
A.
Notice.
(1)
Written notice of a Zoning Hearing Board hearing shall be given to the public, the applicant, the Zoning Officer, the Board of Commissioners, the Planning Commission and to any person who has made timely request for the same. A notice of the hearing shall be given to other persons at such a time and in such manner as the Board of Commissioners or the Zoning Hearing Board shall designate.
(2)
Public notice, as defined in the Pennsylvania Municipalities Planning Code, shall be given for the public hearing. In addition, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the public hearing.
(3)
In addition, at least 14 days prior to the public hearing, written notices shall be sent by first class mail to the addresses to which real estate tax bills are sent for all real property located within 300 feet of the property line boundaries of the property for which the appeal is filed, including properties across any street rights-of-way. The names and addresses shall be provided by the appellant.
B.
Conduct of Hearing. The Zoning Hearing Board shall conduct hearings in accordance with the following requirements:
(1)
The first hearing shall be commenced within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.
(2)
Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. And the applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Township, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal.
(3)
The hearings shall be conducted by the Zoning Hearing Board or the Zoning Hearing 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 Zoning Hearing 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 Zoning Hearing Board and accept the decision or findings of the hearing officer as final.
(4)
The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Zoning Hearing Board, and any other person including civic or community organizations permitted to appear by the Zoning Hearing Board. The Zoning Hearing Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Zoning Hearing Board for that purpose.
(5)
The Chairman or Acting Chairman of the Zoning Hearing 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.
(6)
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.
(7)
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(8)
The Zoning Hearing Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. Fees for the stenographer and transcript are governed by § 510.9B of this Chapter.
(9)
The Zoning Hearing 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.
(10)
The Zoning Hearing 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 Zoning Hearing Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of any ordinance, rule or regulation 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. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Zoning Hearing 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 Zoning Hearing Board prior to final decision or entry of findings, and the Zoning Hearing Board's decision shall be entered no later than 30 days after the report of the hearing officer.
510.7.
Failure To Render a Decision.
A.
Where the Zoning Hearing Board fails to render a decision within the required forty-five-day period or fails to commence or complete the required hearing as provided in § 510.6B(1) and (2), 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.
B.
When a decision has been rendered in favor of the applicant because of failure of the Zoning Hearing Board to meet or render a decision, the Zoning Hearing Board shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as provided in § 510.6A. If the Zoning Hearing Board shall fail to provide such notice, the applicant may do so. Nothing in this Section shall prejudice the right of any party opposing the application to appeal the decision to the Court of Common Pleas.
510.8.
Mediation.
A.
Parties to proceedings authorized in this Section may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this Section once they have been formally initiated. Nothing in this Subsection shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.
B.
Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. The municipality, in offering the mediation option, shall assure that in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
(3)
Completing mediation, including time limits for such completion.
(4)
Suspending time limits otherwise authorized in this Chapter or in the Pennsylvania Municipalities Planning Code (Act 247, as amended), provided there is written consent by the mediating parties, and by an applicant or Township decisionmaking body, if either is not a party to the mediation.
(5)
Identifying all parties and affording them the opportunity to participate.
(6)
Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by the parties and become subject to review and approval by the appropriate decisionmaking body pursuant to the authorized procedures set forth in this Chapter.
C.
No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.
510.9.
Fees and Expenditures.
A.
Fees. The Board of Commissioners may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the Secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
B.
Stenographer's Appearance Fee and Transcripts. The appearance fee for a stenographer shall be shared equally by the applicant and the Zoning Hearing Board. The cost of the original transcript shall be paid by the Zoning Hearing Board if the transcript is ordered by the Zoning Hearing Board or hearing officer or shall be paid by the person appealing from the decision of the Zoning Hearing 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.
C.
Expenditures. Members of the Zoning Hearing Board may receive compensation for the performance of their duties as may be fixed by the Board of Commissioners, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Commissioners. Within the limits of funds appropriated by the Board of Commissioners, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical services.
510.10.
Time Limitations.
A.
No person shall file any proceeding before the Zoning Hearing Board later than 30 days after a preliminary or final application for development 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.
B.
The failure of anyone, other than the landowner, to appeal from an adverse decision on an application for tentative approval of a planned residential development or from an adverse decision by a Zoning Officer on a challenge to the validity of an ordinance or map filed pursuant to Section 916.2 of the Pennsylvania Municipalities Planning Code shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.
C.
All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.
510.11.
Stay of Proceedings.
A.
Upon filing of any proceeding and during its pendency before the Zoning Hearing Board, 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 stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Zoning Hearing Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order that may be granted by the Zoning Hearing Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Zoning Hearing Board by persons other than the applicant, the applicant may petition the court having jurisdiction of the zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Zoning Hearing Board. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
B.
All appeals from decisions rendered by the Zoning Hearing Board shall be taken to the Allegheny County Court of Common Pleas and shall be filed within 30 days after the entry of the decision or, in the case of a deemed decision, within 30 days after the date upon which notice of said deemed decision is given as required by Subsection 908(9) of the Pennsylvania Municipalities Planning Code (Act 247, as amended).
§ 511 Requests for Reasonable Accommodation.
[Ord. 1944, 11/23/2009]
1.
Persons with a claim for reasonable accommodation under the Fair Housing Amendments Act or the Americans with Disabilities Act shall submit their request in writing to the Zoning Officer on an application form which shall require that the following information that may be reasonably needed to process the request, be provided:
A.
Specific citation of the Zoning Ordinance provision from which reasonable accommodation is requested.
B.
The name and address of the applicants.
C.
The specific description of the reasonable accommodation sought and the particulars, including exact admonitions of any proposed structural or locational accommodation.
D.
The condition of the applicants for which reasonable accommodation is sought.
E.
A description of the hardship, if any, that the applicants will incur absent provision of the reasonable accommodation requested.
F.
A description of any alternative methods of relieving the claimed hardship that have been considered and the reason, if any, why applicants have rejected such alternatives.
G.
A statement describing why the requested accommodation is necessary to afford the applicants an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the dwelling in question.
H.
A description of the manner in which the accommodation, if granted, will be terminated or removed if no longer required to afford equal housing opportunity to handicapped or disabled persons.
I.
A statement of any facts indicating whether or not nonhandicapped or nondisabled persons would be permitted to utilize the property in question in a manner similar sought by applicants.
2.
The Zoning Officer may hold any meetings and/or hearing necessary in his discretion to elicit information or argument pertinent to the request for accommodation.
3.
The Zoning Officer's decision shall be in writing and shall state the reasons for the decision.
4.
The Zoning Officer shall issue his written decision to the applicants and the Township within 30 days of the filing of the request for accommodation.
5.
A request for reasonable accommodation should be directed in the first instance to the Zoning Officer. In considering a request for reasonable accommodation, the Zoning Officer shall, with the advice of the counsel of the Township Solicitor, apply the following criteria:
A.
Whether the applicants are handicapped or disabled within the meaning of the Federal Fair Housing Act Amendments or the Americans with Disabilities Act.
B.
The degree to which the accommodation sought is related to the handicap or disability of the applicants.
C.
A description of the hardship, if any, that the applicants will incur absent provision of the reasonable accommodation requested.
D.
The extent to which the requested accommodation is necessary to afford the applicants an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the dwelling in question.
E.
The extent to which the proposed accommodation may impact other property owners in the immediate vicinity.
F.
The extent to which the requested accommodation may be consistent with or contrary to the zoning purposes promoted by the Zoning Ordinance, the Comprehensive Plan, and the community development objectives set forth in the Zoning Ordinance.
G.
The extent to which the requested accommodation would impose financial and administrative burdens upon the Township.
H.
The extent to which the requested accommodation would impose an undue hardship upon the Township.
I.
The extent to which the requested accommodation would require a fundamental alteration in the nature of the Township's regulatory policies, objectives and regulations.
J.
The extent to which the requested accommodation would result in a subsidy, privilege, or benefit not available to nonhandicapped or disabled persons.
K.
The permanency of the requested accommodation and the conditions under which such accommodation will be removed, terminated or discontinued when no longer needed to provide handicapped or disabled persons with equal opportunity to use and enjoy the dwelling in question.
L.
The extent to which the requested accommodation will increase the value of the property during and after its occupancy by applicants.
6.
Accommodations Under the Fair Housing Amendments Act and/or the Americans with Disabilities Act or Similar Statutes. The Zoning Hearing Board shall hear and determine appeals from decisions of the Zoning Officer with respect to requests for reasonable accommodation. In hearing and deciding such an appeal, the Zoning Hearing Board shall apply the criteria set forth in § 511.5 of this Chapter, to the fullest extent as is consistent with the Americans with Disabilities Act, the Fair Housing Amendments Act or other applicable similar law. In granting a request for reasonable accommodation, the Board may attach such reasonable safeguards and/or limitations as it may deem necessary to implement this Chapter and protect the public health, safety and welfare, consistent with the Americans with Disabilities Act, Fair Housing Amendments Act or other similar applicable statute.
§ 512 Fees.
[Ord. 1944, 11/23/2009]
The Board of Commissioners 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.