North Fayette Township
City Zoning Code
City Zoning Code
PART 15
Administration and Enforcement
§ 27-1501 Applicability.
[Ord. No. 477, 5/11/2021]
1.
It shall be unlawful to use or occupy any structure or lot or part thereof until zoning approval has been issued by the Township. Further, no structure shall be erected, added to, or otherwise have any structural alterations made to it until zoning approval has been issued by the Township. No zoning approval shall be issued until prior approvals and requirements of this chapter and the Township's SALDO[1] have been complied with, including but not limited to conditional use, use by special exception, and recording of the final plat of a subdivision or land development. Any zoning approval issued in conflict with the provisions of this chapter shall be null and void.
§ 27-1502 Repairs and Maintenance.
[Ord. No. 477, 5/11/2021]
Repairs and maintenance. Ordinary repairs and maintenance to existing structures that do not involve an expansion or change of a use or structure shall not by themselves be regulated by this chapter.
§ 27-1503 Authorization of Types of Uses.
[Ord. No. 477, 5/11/2021]
1.
Permitted by Right Uses. The Zoning Officer shall issue a permit under this chapter in response to an application for a use that is permitted by right if it meets all of the requirements of this chapter.
2.
Special Exception Use or Application Requiring A Variance. A permit under this chapter for a use requiring a special exception or variance shall be issued by the Zoning Officer only in response to a written approval by the ZHB following a hearing.
3.
Conditional Use. A permit under this chapter for a use requiring conditional use approval shall be issued by the Zoning Officer only after the Board of Supervisors grants conditional use approval.
§ 27-1504 Required Permits.
[Ord. No. 477, 5/11/2021]
1.
Zoning Permit. A permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this chapter or with an order of the ZHB. A zoning permit is needed to:
2.
Establish or operate a temporary use of land or building.
3.
Grading Permit. A permit issued by the Township to authorize work to be performed in compliance with, and as required by, the Township's Grading Ordinance.
4.
Building Permit. A permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the provisions of the Township's Building Code.
A.
Such a permit shall not be confused with a zoning permit or with an occupancy certificate as may be required under the terms of this chapter.
5.
Occupancy Certificate. A certificate issued upon completion of the construction of a structure or changes in use of structure or parcel of land, indicating that the premises comply with the provisions of this chapter and the Township's Building Code.
[Amended by Ord. No. 513, 11/14/2023]
A.
An as-built property survey prepared by a Pennsylvania registered land surveyor shall be submitted for each newly constructed principal building, structure, or addition prior to a temporary or permanent certificate of occupancy being issued. The survey shall include all setbacks and the locations of all porches, decks, walkways, driveways, parking areas, easements, and rights-of-way; as well as the locations of buffer yards, stormwater management systems and septic systems (if applicable). The as-built survey shall also be accompanied by a letter signed by the owner/buyer acknowledging they have received a copy of the as-built survey.
§ 27-1505 Liability Disclaimer.
[Ord. No. 477, 5/11/2021]
1.
The granting of a zoning permit or occupancy permit shall not constitute a representation, guarantee or warranty of any kind by the Township, or by an official or employee thereof, of the structural integrity of a building or structure, the suitability or safety of subsurface soil conditions over which a building/structure is located, or the practicability or safety of any stormwater management structure or control technique or other environmental protection control, nor shall it create any liability upon or cause of action against the Township, any official or employee for any damage that may result from a structure or use for which a permit has been issued.
2.
Permits issued pursuant to this chapter attest only to the conformance of a structure or use to the zoning requirements contained herein.
§ 27-1506 Enforcement Penalties.
[Ord. No. 477, 5/11/2021]
2.
If it appears to the Township that a violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
3.
The 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.
4.
The enforcement notice shall state at least the following:
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 which have not been met, citing in each instance the applicable provisions of this chapter.
D.
The date before which the 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 ZHB within 30 days of the mailing date of the notice in accordance with procedures set forth in this chapter.
F.
That failure to comply with the notice within the time specified, unless extended by appeal to ZHB, constitutes a violation, and, upon being found liable therefore in a civil enforcement proceeding, shall pay a fine of not more than $1,000, plus all court costs, including reasonable attorney fees incurred by the Township, or alternatively sentenced to pay a fine or not more than the maximum permitted under Pennsylvania law as the same may be from time to time amended and in effect as of the date of conviction. In default of payment of imposed fines, the offender may be imprisoned for a term not to exceed 90 days.
§ 27-1507 Causes of Action.
[Ord. No. 477, 5/11/2021]
2.
In case any building, structure, landscaping, sign, or land is or is proposed to be erected, constructed, reconstructed, altered, repaired, converted, maintained or used in violation of this chapter, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township or any aggrieved owner or tenant of real property who shows that his property or person will be substantially effected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping, sign or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township, by certified mail, at least 30 days prior to the time the action is to begin by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained unless such notice has been given.
§ 27-1508 Enforcement Remedies; Violations and Penalties.
[Ord. No. 477, 5/11/2021]
2.
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 therefore in a civil enforcement proceeding commenced by the Township, pay a fine of not more than $1,000, plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof, or, alternatively, sentenced to pay a fine of not more than the maximum permitted under Pennsylvania law as the same may be from time to time amended and in effect as of the date of conviction. No judgment shall commence or be imposed, levied or 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. 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 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 to the Township.
3.
The Court of Common Pleas of Allegheny County, upon petition, may grant an order or stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
4.
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.
§ 27-1509 Fees.
[Ord. No. 477, 5/11/2021]
The Board of Supervisors shall establish and revise, from time to time, a Schedule of Fees by resolution, as well as a collection procedure, for all applications submitted under the provisions of this chapter. The Schedule of Fees shall be available to the public from the Zoning Officer or Township Manager.
§ 27-1510 Amendments.
[Ord. No. 477, 5/11/2021]
2.
The regulations and provisions of this chapter may be amended from time to time, upon recommendation of the Planning Commission or the Board of Supervisors, or by application of an effected party.
3.
Enactment of Amendments. Zoning amendments procedures shall adhere to the requirements of Section 609 of the MPC, 53 P.S. § 10609.
4.
Public Hearing. The Board of Supervisors shall hold a public hearing on a proposed amendment pursuant to public notice, and pursuant to mailed notice and electronic notice to an owner of a tract or parcel of land located within the Township or an owner of the mineral rights in a tract or parcel of land within the Township who has made a timely request in accordance with Section 109 of the MPC[2] before voting on enactment of an amendment. In addition, if the proposed amendment involves an Official Zoning Map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
A.
In addition to the requirement that the notice be posted, where the proposed amendment involves an Official Zoning Map change, 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 section. This subsection shall not apply when the rezoning constitutes a comprehensive rezoning.
[2]
Editor's Note: See 53 P.S. § 10109.
5.
Planning Commission Review. In the case of an amendment other than that prepared by the Planning Commission, the Board of Supervisors shall submit the amendment to the Planning Commission at least 30 days prior to the hearing on the proposed amendment for recommendations.
6.
County Planning Review. The recommendation of the County Planning Agency shall be made to the Board of Supervisors within 45 days and the proposed action shall not be taken until such recommendation is made. If, however, the county fails to act within 45 days, the Board of Supervisors shall proceed without its recommendation.
§ 27-1511 Township Board of Supervisors
[Ord. No. 477, 5/11/2021]
Duties and Power. The Board of Supervisors shall have the duties and power to:
1.
Amend the Comprehensive Plan for the Township.
2.
Enact or amend an Official Zoning Map, a Zoning Ordinance, a SALDO, PRD and PNRD Ordinances, Building Code(s), and a Housing Code, in accordance with this chapter, other Township ordinances, and the laws of the Commonwealth of Pennsylvania.
3.
Appoint a ZHB, a Planning Commission, and approve the appointment of a Director of Community Development in accordance with the prescribed rules of the MPC, 53 P.S. § 10101 et seq., and remove Board or Commission members.
5.
Appropriate funds to finance the preparation of zoning ordinances and for administration, for enforcement and for actions to support or oppose, upon appeal to the courts, decisions of the ZHB.
6.
May utilize grants, monetary donations, or volunteer services from private sources and from county, state, and federal governments for the purposes of completing physical or policy improvements in the Township.
7.
May prescribe by ordinance reasonable fees with respect to the administration of a zoning ordinance and with respect to hearings before the ZHB. Fees for these hearings may include compensation for the secretary and ZHB members, notice/advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the ZHB, expenses for engineering, architectural or other technical consultants or expert witness costs.
8.
Shall hear and render final adjudication in the following matters:
A.
Applications for conditional use after referral to the Planning Commission for a recommendation.
B.
Lot plans for conditional uses.
C.
Amendments to this chapter.
D.
Applications for landowner curative amendments to this chapter after referral to the Planning Commission for recommendation; unless the applications are submitted to the ZHB.
E.
Municipal curative amendments.
F.
Appeals from the decision of the Zoning Officer or the Township Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to application for final approval of a land development under the SALDO.[2]
G.
Applications for special permits.
§ 27-1512 Township Planning Commission.
[Ord. No. 477, 5/11/2021; amended by Ord. No. 486, 2/22/2022]
1.
The Planning Commission shall perform all duties as required by the laws of the Commonwealth of Pennsylvania including, but not limited to, the following:
A.
The Planning Commission shall receive from the Zoning Officer copies of all applications for amendments to this chapter and shall make findings and recommendations thereon, after which the Commission shall forward such findings and recommendations, in writing, to the Supervisors before the date set for a public hearing on the proposed amendment.
B.
The Planning Commission shall receive from the Zoning Officer copies of all applications for planned developments and shall make findings and recommendations thereon as set forth in Article XII and Article XIII of this chapter, after which the Commission shall forward such findings and recommendations, in writing, to the Supervisors before the date set for a public hearing on the proposed planned development.
C.
The Planning Commission shall receive from the Zoning Officer all applications for conditional uses and shall make findings and recommendations and shall forward such written findings and recommendations to the Supervisors before the date set for a public hearing on the proposed conditional use.
D.
The Planning Commission shall, furthermore, initiate, direct, and review, from time to time, the provisions of this chapter and make reports of its findings and recommendations to the Supervisors in writing not less frequently than annually and to recommend and update of the provisions of the Comprehensive Plan not less frequently than every 10 years.
§ 27-1513 Township Manager.
[Ord. No. 477, 5/11/2021]
Under this chapter, the Township Manager shall have the duties of:
§ 27-1514 Township Director of Community Development.
[Ord. No. 477, 5/11/2021]
1.
Role. The Director of Community Development, in addition to being the administrator of the Planning Department, shall exercise only those powers and be subject to only those duties specifically conferred by ordinance.
2.
Duty. The duties of the Director of Community Development in administering this chapter shall be:
A.
Preparation and modification of Township maps and zoning ordinances.
B.
Highway layout.
C.
Traffic and parking problems.
D.
Use design and layout of Township structures, buildings, land, parks and other Township lot.
E.
The zoning enforcement and ICC International Property Maintenance Code enforcement operations.
3.
The Director of Community Development shall make an annual report to the Board of Supervisors by February 15 of each year regarding all land use and rezoning applications for the previous year.
§ 27-1515 Township Zoning Officer.
[Ord. No. 477, 5/11/2021]
1.
The Zoning Officer shall be appointed by the Board of Supervisors and 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 and a working knowledge of municipal zoning.
2.
Role of Zoning Officer.
A.
Administer and enforce the provisions of this chapter.
B.
Institute civil enforcement proceedings as a means of enforcement when acting within the scope of his/her employment.
C.
Issue zoning certificates, building permits, certificates of occupancy and sign permits.
D.
Maintain a permanent file of all zoning certificates, zoning permits, occupancy permits, sign permits, building permits and applications as public records.
E.
Register and record nonconforming uses.
F.
Inspect all land and structures for which a zoning certificate, building permits, occupancy permit or sign permit has been applied for or issued to determine compliance with this chapter and make all the inspections necessary to enforce the provisions of this chapter.
3.
Enforcement.
A.
Enforcement Notice. The enforcement notice shall contain the following information:
(1)
The name of the owner of record and any other person against whom the Township intends to take action.
(2)
The location of the lot in violation.
(3)
The specific violation with a 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 ZHB within a prescribed period of time in accordance with procedures set forth in this chapter.
(6)
That failure to comply with the notice within the time specified, unless extended by appeal to the ZHB, constitutes a violation, with possible sanctions clearly described.
B.
Enforcement Remedies.
(1)
Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied, or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge, determining that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and, thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs, and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township.
(2)
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.
(3)
Nothing contained in this subsection shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this subsection.
C.
Other Remedies. In case any building, structure, landscaping, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this chapter, the Board of Supervisors, or with the approval of the Board of Supervisors, an officer of the Township, 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 building, structure, landscaping, or land, or to prevent, in or about such premises, any act, conduct, business, or use constituting 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 the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.
4.
Zoning Certificates.
A.
A zoning certificate shall be obtained before any person may:
(1)
Occupy or use any vacant land except for agricultural purposes.
(2)
Occupy or use any structure hereafter constructed, reconstructed, moved altered or enlarged.
(3)
Change the use of a structure or land to a different use.
(4)
Change a nonconforming use.
(5)
Construct, reconstruct, move, structurally alter, or enlarge any structure or building.
B.
Application for a zoning certificate for all uses other than a single-family or two-family dwelling shall be accompanied by a development plan, as defined herein, together with a filing fee in accordance with a schedule fixed from time to time by a resolution of the Board of Supervisors.
C.
Any proposed use or expansion or change of any existing use which is authorized in a zoning district as a conditional use or use by special exception shall require approval of the conditional use or use by special exception in accordance with the procedures specified in Part 6 and Part 7 of this chapter as a prerequisite to issuance of a zoning certificate by the Zoning Officer.
5.
Zoning and Occupancy Permits.
A.
General.
(1)
No use of land shall be made, no building or structure shall be constructed, reconstructed, altered, remodeled, enlarged, moved, occupied or used, no existing use of a building, structure or lot shall be changed, no nonconforming use shall be changed, enlarged or extended, and no retaining wall shall be constructed, reconstructed, altered, or moved until a zoning and occupancy permit has been issued by the Zoning Officer.
(2)
Applications for said occupancy permit shall be made at the municipal building and upon the payment of the required fee established from time to time by resolution of the Board of Supervisors
(3)
Where a change in occupancy or use of any structure or lot in any district, whether or not there is any construction, reconstruction, structural alteration, or movement of the structure, will generate, on the average, an additional 20 peak hour trips on any adjacent street, the applicant shall comply with applicable requirements of the SALDO,[1] which is incorporated herein by reference, prior to the issuance of a zoning and/or occupancy permit.
(4)
Any permit issued in conflict with the provisions of this chapter shall be null and void.
B.
Permit Application and Issuance Procedure.
(1)
Whenever the proposed activity, whether new construction or alteration of an existing use, requires a building permit under the Township Code, the application for the zoning and occupancy permit shall be made prior to or simultaneously with the application for the building permit. However, the building permit shall not be issued until the zoning and occupancy permit has been granted.
(2)
When no building permit is required, the application for the zoning and occupancy permit may be made at any time prior to the use or occupancy of the building, structure or property.
(3)
Permit applications shall be submitted, in writing, on such forms or in such format as established by the Township. The Zoning Officer may request any information necessary to determine the application's compliance with this chapter, the Township Code and any ordinance of the Township.
(4)
The Zoning Officer shall not issue the zoning and/or occupancy permit unless the property complies with all provisions and requirements of this chapter, the Township Construction Code (Chapter 5, Code Enforcement, Part 1), the Township Property Maintenance Code (Chapter 5, Code Enforcement, Part 2), the SALDO,[2] and all other applicable Township, county, state, and federal laws, ordinances, and regulations, and until all other required approvals and permits have been obtained from applicable Township, county, state, and federal agencies. The applicant shall submit copies of all such required approvals and permits to the Zoning Officer.
(5)
Where approvals are not required by other Township agencies or governmental entities, the Zoning Officer shall review and approve or disapprove the application. However, the Zoning Officer may seek the advice and recommendations of the Planning Commission on any application.
(6)
Upon completion of the applied-for work, the applicant shall notify the Zoning Officer who shall examine the building, structure and/or use of the property involved to determine compliance with any conditions of the zoning and occupancy permit, and with the provisions of this chapter and all other applicable provisions of the Township Code and Township ordinances.
(7)
As a precondition to the issuance of any zoning and occupancy permit, a landowner shall permit the Zoning Officer to inspect both the exterior and interior of the property, as deemed necessary by the Zoning Officer. Any failure or refusal to permit such inspection shall result in denial of any application for a zoning and occupancy permit.
C.
Period of Validity. A zoning and occupancy permit shall become null and void unless the construction, reconstruction, alteration, remodeling, use or occupancy of the subject building, structure and/or property is commenced within six months of the date of issuance, unless an extension of this time period is granted, in writing, by the Zoning Officer. The Zoning Officer may place reasonable conditions on any such written time extension.
6.
Fees. The Board of Supervisors shall establish and revise, from time to time, a Schedule of Fees by resolution, as well as a collection procedure, for all applications submitted under the provisions of this chapter. The Schedule of Fees shall be available to the public from the Zoning Officer or the Township Secretary.
§ 27-1516 Township Zoning Hearing Board.
[Ord. No. 477, 5/11/2021]
1.
General. In accordance with law, the Board of Supervisors shall appoint and organize a ZHB, which said ZHB may adopt rules to govern its procedure. The ZHB shall hold meetings, keep minutes and, pursuant to public notice, shall conduct hearings, compel the attendance of witnesses, take testimony under oath, and render decisions in writing within 45 days after hearing or continued hearing, in accordance with the requirements of Article IX of the MPC, 53 P.S. § 10901 et seq. A fee shall be charged in accordance with a schedule affixed by resolution for any appeal or proceeding filed with the ZHB.
2.
Membership. The membership of the ZHB shall consist of three residents of the Township appointed by the Board of Supervisors. 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 ZHB shall promptly notify the Board of Supervisors when vacancies occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the ZHB shall hold no other office in the Township.
3.
Alternate Members.
A.
Appointment of Alternate Members. The Board of Supervisors may appoint by resolution at least one, but no more than three, residents of the Township to serve as alternate members of the ZHB. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of Subsection 3B, an alternate shall be entitled to participate in all proceedings and discussions of the ZHB to the same and full extent as provided by law for ZHB 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 office in the Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the ZHB but shall not be entitled to vote as a member of the ZHB unless designated as a voting alternate member.
B.
Participation by Alternate Members. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the ZHB shall designate as many alternate members of the ZHB to sit on the ZHB as may be needed to provide a quorum. Any alternate member of the ZHB shall continue to serve on the ZHB in all proceedings involving the matter or case for which the alternate was initially appointed until the Board of Supervisors 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.
Jurisdiction of the Board. The ZHB shall have exclusive jurisdiction to hear and render final adjudication in the following matters:
D.
Substantive challenges to the validity of any land use ordinance, except curative amendments brought before the Board of Supervisors.
E.
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 with 30 days after the effective date of the ordinance.
F.
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 therefore, the issuance of any cease-and-desist order or the registration or refusal to register any nonconforming use, structure, or lot.
(1)
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 provision within a land use ordinance.
(3)
Applications for special exceptions under this chapter or the Management Ordinance or such provisions within the SALDO, pursuant to Part 7 of this chapter.
(4)
Appeals from the Zoning Officer's determination under Section 916.2 of the MPC, 53 P.S. § 10916.2.
(5)
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 the SALDO, PRD, or PNRD.
4.
(Reserved)
5.
Variances.
A.
The ZHB, 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:
(1)
That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot area or shape, or exceptional topographical or other physical conditions peculiar to the particular lot 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 lot is located.
(2)
That because of such physical circumstances or conditions, there is no possibility that the lot can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefor necessary to enable the reasonable use of the lot.
(3)
That such unnecessary hardship has not been created by the appellant.
(4)
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the lot is located, nor substantially or permanently impair the appropriate use or development of adjacent lot, nor be detrimental to the public welfare.
(5)
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.
(6)
In granting any variance, the ZHB may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and protect the public health, safety and welfare.
6.
Uses by Special Exception. The ZHB 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 7 of this chapter. The ZHB 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 7 of this chapter. In granting a use by special exception, the ZHB 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.
§ 27-1517 Conduct of Hearings.
[Ord. No. 477, 5/11/2021]
A public hearing shall be held on any appeal filed under § 27-1523 of this chapter within 60 days of filing of a complete application. The public hearing shall be held pursuant to public notice, as defined by this chapter. In addition to the public notice, at least one week prior to the hearing, the ZHB shall post at least one copy of the notice on the affected lot and shall mail a copy of the notice by regular mail to each adjoining landowner and/or developer, including those located across a street ROW. The ZHB shall comply with all requirements of the MPC, 53 P.S. § 10101 et seq., regarding conduct of the public hearing and rendering a decision.
§ 27-1518 Failure to Render Decision.
[Ord. No. 477, 5/11/2021]
1.
Where the ZHB fails to commence, conduct, or complete the required hearing within 60 days after the request is filed, unless the applicant has agreed, in writing or on the record, to an extension of time, the decision shall be deemed to have been rendered in favor of the applicant.
2.
When a decision has been rendered in favor of the applicant because of failure of the Board of Supervisors to meet or render a decision, the ZHB shall give public notice of the decision within 10 days from the last day it could have met to render a decision. If the ZHB 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.
§ 27-1519 Mediation Option.
[Ord. No. 477, 5/11/2021]
1.
Parties to proceedings authorized in this Part 15 may utilize mediation as an aid in completing such proceedings. In proceedings before the ZHB, in no case shall the ZHB initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this Part 15 once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting municipal police powers or as modifying any principals of substantive law.
2.
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. Any municipality offering the mediation option shall assure that in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:
A.
Funding mediation.
B.
Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
C.
Completing mediation, including time limits for such completion.
D.
Suspending time limits otherwise authorized in this chapter or in the MPC, 53 P.S. § 10101 et seq., 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.
E.
Identifying all parties and affording them the opportunity to participate.
F.
Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
G.
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.
3.
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.
§ 27-1520 Fees and Expenditures.
[Ord. No. 477, 5/11/2021]
1.
Fees.
A.
The Board of Supervisors may prescribe reasonable fees with respect to hearings before the ZHB. Fees for said hearings may include compensation for the secretary and members of the ZHB, notice and advertising costs and necessary administrative overhead connected with the hearings. The costs, however, shall not include legal expenses of the ZHB, expenses for engineering, architectural or other technical consultants or expert witness costs.
B.
Any filing fees paid by a party to appeal an enforcement notice to the ZHB shall be returned to the appealing party by the Township if the ZHB, or any court in subsequent appeal, rules in the appealing party's favor.
2.
Stenographer's Appearance Fee and Transcripts. The appearance fee for a stenographer shall be shared equally by the applicant and the ZHB. The cost of the original transcript shall be paid by the ZHB if the transcript is ordered by the ZHB or hearing officer or shall be paid by the person appealing from the decision of the ZHB 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.
3.
Expenditures. Members of the ZHB may receive compensation for the performance of their duties as may be fixed by the Board of Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors. Within the limits of funds appropriated by the Board of Supervisors, the ZHB may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services.
§ 27-1521 Time Limitations.
[Ord. No. 477, 5/11/2021]
1.
No person shall file any proceeding before the ZHB 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.
2.
The failure of anyone, other than the landowner and/or developer, to appeal from an adverse decision on an application for tentative approval of a PRD, a PNRD or from an adverse decision by a Zoning Officer on a challenge to the validity of an ordinance or Official Zoning Map filed pursuant to Section 916.2 of the MPC, 53 P.S. § 10916.2, shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.
3.
All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued, except appeals of the Zoning Officer's issuance of an enforcement notice, which shall be filed within 10 days after receipt of the enforcement notice.
§ 27-1522 Stay of Proceedings.
[Ord. No. 477, 5/11/2021]
Upon filing of any proceeding, and during its pendency before the ZHB, all land development pursuant to any challenged ordinance, order, or approval of the Zoning Officer, and all official action thereunder shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board of Supervisors facts indicating that such stay would cause imminent danger to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the ZHB 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, tentative or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the ZHB by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the ZHB. 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.
§ 27-1523 Jurisdiction and Venue on Appeal; Time for Appeal.
[Ord. No. 477, 5/11/2021]
All appeals from decisions rendered by the ZHB 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 Section 908(9) of the MPC, 53 P.S. § 10908(9).