North Middleton Township Cumberland County
City Zoning Code
City Zoning Code
ARTICLE VII
Administration
§ 204-69 Administration and enforcement; violations and penalties.
A.
Administration.
(1)
Zoning Officer. The provisions of this chapter shall be enforced by the Zoning Officer, appointed by the Board of Supervisors, who shall be known as the "Zoning Officer." The Zoning Officer shall be appointed at the first meeting of the Board of Supervisors in January to serve until the first meeting of January next following and shall thereafter be appointed annually to serve for a term of one year and/or until his successor is appointed. The Zoning Officer may succeed himself. He/she shall receive such fees or compensation as the Board of Supervisors may, by resolution, provide. The Zoning Officer shall not hold any elective office within the Township. The Zoning Officer may designate an employee of the Township as his assistant, subject to the approval of the Board of Supervisors, who shall exercise all the powers of the Zoning Officer during the temporary absence or disability of the Zoning Officer.[1]
(2)
Duties. The duties of the Zoning Officer shall be:
(a)
To receive, examine and process all applications and permits as provided by the terms of this chapter. The Zoning Officer shall also issue zoning permits for special exception and conditional uses or for variances after the same have been approved.
(b)
To record and file all applications for zoning permits or certificates of use and occupancy and accompanying plans and documents and keep them for public record.
(c)
To inspect properties to determine compliance with all provisions of this chapter as well as conditions attached to the approval of variances, special exceptions, conditional uses and curative amendments.
(d)
To inspect nonconforming uses, structures and lots and to keep a filed record of such nonconforming uses and structures, together with the reasons why the Zoning Officer identified them as nonconformities, as a public record and to examine them periodically, with the view of eliminating the nonconforming uses under the existing laws and regulations.
(e)
Upon the request of the Board of Supervisors or the Zoning Hearing Board, present to such bodies facts, records and any similar information on specific requests to assist such bodies in reaching their decisions.
(f)
To be responsible for keeping this chapter and the Official Zoning Map up to date, including any amendments thereto.
(g)
Upon the approval by the Zoning Hearing Board of a special exception or upon the approval of a conditional use by the Board of Supervisors for development located within the Floodplain Zone, written notice of the approval shall be sent by registered mail from the Zoning Officer to the Pennsylvania Department of Community and Economic Development.
(h)
To remain eligible for the National Flood Insurance Program, the Zoning Officer shall submit a biannual report to the Federal Insurance Administration concerning the status of the program in the Township (the report form shall be provided by the Federal Insurance Administration).
(j)
To revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in this chapter or otherwise permitted by law.
(k)
To provide for reasonable accommodation in accordance with the following:
[1]
North Middleton Township complies with the Federal Fair Housing Act, as amended, and/or the Americans with Disabilities Act, as amended, to insure that policies and regulations, including but not limited to this chapter, do not discriminate against persons on the basis of race, color, religion, national origin, disability, or family status.
[2]
The Township shall grant requests for reasonable accommodations if such requests provide equal housing and accessibility opportunities to persons with disabilities, and such requests do not constitute substantial changes or deviations to standards and provisions herein this chapter.
[3]
Persons requesting reasonable accommodation under the Fair Housing Amendments Act and/or the Americans with Disabilities Act shall submit a request, in writing, to the Zoning Officer, which shall at a minimum, include the following information:
[a]
The name and address of the applicant.
[b]
Specific section standards and provisions of this chapter from which reasonable accommodation is being requested.
[c]
The specific description of the reasonable accommodation being sought and the other pertinent information, including a detailed listing of any proposed structural or location related accommodations.
[d]
The specific condition(s) of the applicants for which reasonable accommodation is sought.
[e]
A description of the hardship, if any, that the applicants will incur should the request for reasonable accommodation being sought not be granted.
[f]
A description of any alternative methods of relieving the claimed hardship that have been considered, as well as the reason, if any, why the 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, building, or structure in question.
[h]
A description of the manner in which the accommodation, if granted, will be removed, terminated, and/or discontinued if no longer required to afford equal opportunity to a nonhandicapped or nondisabled person to use and enjoy the dwelling, building, or structure in question
[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.
[4]
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.
[5]
The Zoning Officer's decision shall be in writing and state the reasons for the decision (including references to the specific sections of this chapter and any other relevant and related chapters of the Code of North Middleton Township).
[6]
The Zoning Officer shall issue his written decision to the applicants and the Township within 30 days of filing of the request for accommodation.
[7]
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 applicant.
[c]
A description of hardship, if any, that the applicants will incur should the request for reasonable accommodation being sought not be granted.
[d]
The extent to which the requested accommodation is necessary to afford the applicant(s) opportunities equal to a nonhandicapped or nondisabled person to use and enjoy the dwelling, building, or structure in question.
[e]
The extent to which the proposed accommodation may impact other property owners in immediate vicinity.
[f]
The extent to which the proposed accommodation may be consistent with or contrary to the zoning purposes promoted by this chapter, the most recent version of the North Middleton Township Comprehensive Plan, and the community development objectives set forth in Article I of this chapter.
[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 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, and/or discontinued when no longer needed to provide handicapped or disabled persons with equal opportunity to use and enjoy the dwelling (building or structure) in question.
[l]
The extent to which the requested accommodation will increase the value of the property during and after its occupancy by applicants.
B.
Enforcement. This chapter shall be enforced by the Zoning Officer of the Township. No zoning permit or certificate of use and occupancy shall be granted by him/her for any purpose except in compliance with the literal provisions of this chapter. The Zoning Officer may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within his/her scope of employment.
C.
Violations.
(1)
Failure to secure a zoning permit prior to a change in use of land or structure or the erection, construction or alteration of any structure or portion thereof shall be a violation of this chapter. It shall also be a violation of this chapter to undertake other deliberate actions which are contrary to the terms of this chapter and any conditions placed upon the approval of special exceptions, variances and conditional uses. Each day that a violation is continued shall constitute a separate offense.
(2)
If it appears to the Township that a violation of this chapter enacted under the Act or prior enabling laws has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in the following:
(a)
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.
(b)
An enforcement notice shall state at least the following:
[1]
The name of the owner of record and/or any other person against whom the Township intends to take action.
[2]
The location of the property in violation.
[3]
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
[4]
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
[5]
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this chapter.
[6]
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
D.
Enforcement remedies. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter enacted under the Act or prior enabling laws 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 attorneys' 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 has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this chapter shall be paid over to the Township.
E.
Causes of action. In case any building, structure, landscaping or land is or is proposed to be erected, constructed, reconstructed, altered, repaired, converted, maintained or used in violation of this chapter enacted under the Act or prior enabling laws, the governing body or, with the approval of the governing body, an officer of the municipality, 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 municipality at least 30 days prior to the time the action is begun by serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given.
§ 204-70 Permits.
A.
General requirements for zoning permits.
(1)
In all activities where a building permit or land development plan is not required, a zoning permit shall be required prior to a change in use of land or structure or the erection, construction, improvement or alteration of any structure or portion thereof or the alteration or development of any improved or unimproved real estate, including but not limited to mining, dredging, filling, grading, paving, excavation or drilling operations or the erection or alteration of any signs specified in § 204-41 of this chapter. Zoning permits shall also be required for the construction or installation of animal waste impoundments, lakes, ponds, dams or other water retention basins. No zoning permit shall be required for repairs or maintenance of any structure or land, provided such repairs do not change the use or the exterior dimensions of the structure or otherwise violate the provisions of this chapter.
(2)
Application for zoning permits shall be made, in writing, to the Zoning Officer.
(3)
Such zoning permits shall be granted or refused within 90 days from date of application.
(5)
In all instances in which the Zoning Officer expresses a reasonable doubt as to the ability of a proposed use to meet all of the above-described requirements, it will be incumbent upon the applicant to furnish adequate evidence in support of his application. If such evidence is not presented, the zoning permit will be denied.
(6)
Application for a zoning permit shall be made by the owner or lessee of any building or structure or the agent of either; provided, however, that if the application is made by a person other than the owner, it shall be accompanied by a written authorization of the owner or the qualified person making an application, that the proposed work is authorized by this owner. The full names and addresses of the owner, lessee, applicant and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.
(7)
The Zoning Officer may call upon other Township staff and/or Township-appointed consultants in the review of submitted materials for applications.
(8)
The Zoning Officer may revoke a zoning permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or for any other cause set forth in this chapter.
(9)
Where a zoning or building permit is required by this chapter, but the work is commenced or the use is commenced or changed prior to obtaining such permit, the fees set by ordinance or resolution of the Township Board of Supervisors for such permit shall be doubled. The doubling of the permit fee shall be required to reflect the additional expense incurred by the Township resulting from the need to inspect the property, respond to any complaints, issue any enforcement notices and/or process the application as soon as it is received. The payment of such increased permit fee shall not relieve any person from complying with all requirements of this chapter or any other applicable Township ordinances or from any penalties or enforcement actions authorized by this chapter or the Act.
(10)
Issuance of permits. Upon receiving the application, the Zoning Officer shall examine the same within a reasonable time after filing. If the application or plans do not conform to the provisions of all pertinent local laws, he shall reject such application in writing, stating the reasons therefor. He shall inform the applicant of his right to appeal to the Zoning Hearing Board in the event such application is rejected. If satisfied that the proposed work and/or use conforms to the provisions of this chapter and all laws and ordinances applicable thereto and that the certificate of use and occupancy as required herein has been applied for, he shall issue a zoning permit therefor as soon as practical but not later than 90 days from receipt of the application.
(11)
Reconsideration of application. An applicant whose request for a zoning permit has been denied by the Zoning Officer may make a later application for a permit, provided that all deficiencies which were the basis for the prior denial of the permit have been eliminated. The Zoning Officer shall not be required to make a new inspection of the application if this condition is not met.
(12)
Expiration of permit. The zoning permit shall expire after one year from the date of issuance; provided, however, that the same may be extended every six months for a period not to exceed an additional two years, upon written request by the applicant which demonstrates good cause to the Zoning Officer.
(13)
Compliance with ordinance. The zoning permit shall be a license to proceed with the work and should not be construed as authority to violate, cancel or set aside any of the provisions of this chapter, except as stipulated by the Zoning Hearing Board.
(14)
Compliance with permit and plot plan. All work or uses shall conform to the approved application and plans for which the zoning permit has been issued as well as the approved plot plan.
(15)
Display of zoning permit. All approved zoning permits shall be prominently displayed on the subject property during construction, renovation, reconstruction, repair, remodeling or the conduct of other site improvements. Such permit displays shall occur within five days of permit issuance or prior to the commencement of actual work on the site, whichever occurs first. Such permit display shall be continuous until the site receives its certificate of use and occupancy.
(16)
Temporary use permits. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this chapter. If such uses are of such a nature and are so located that, at the time of application, they will:
(a)
In no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone, they may be permitted by special exception.
(b)
Contribute materially to the welfare of the Township, particularly in a state of emergency, under conditions peculiar to the time and place involved, then the Board of Supervisors may direct the Zoning Officer to issue a permit, by right, for a period not to exceed six months. Such permits may be extended not more than once for an additional period of six months.
B.
Application for all zoning permits.
(1)
Applications shall contain a general description of the proposed work, development, use or occupancy of all parts of the structure or land and shall be accompanied by plans in sufficient detail as the Zoning Official deems necessary from the following:
(a)
Dimensions and shape of lot to be developed.
(b)
Location and dimensions of any structures to be erected, constructed and altered.
(c)
Existing and proposed uses, including the number of occupied units, businesses, etc., all structures are designed to accommodate.
(d)
Off-street parking and loading spaces.
(e)
Utility systems affected and proposed.
(f)
Alteration or development of any improved or unimproved real estate.
(g)
The size of structures and the number of employees anticipated.
(h)
Any other lawful information that may be required by the Zoning Officer to determine compliance with this chapter.
(i)
Copies of any applicable approved subdivision or land development plans.
§ 204-71 Determination of fees.
The Board of Supervisors may, by resolution, establish fees for the administration of this chapter. All fees shall be determined by a schedule that is made available to the general public. The Board of Supervisors may reevaluate the fee schedule and make necessary alterations to it by resolution or ordinance. Such alterations shall not be considered an amendment to this chapter and may be adopted at any public meeting of the Board of Supervisors.
§ 204-72 Amendments.
A.
Power of amendment. The Board of Supervisors may, from time to time, amend, supplement, change or repeal this chapter, including the Official Zoning Map. Any amendment, supplement, change or repeal may be initiated by the Township Planning Commission, the Board of Supervisors or by a petition to the Board of Supervisors by an interested party.
B.
Hearing and enactment procedures for zoning amendments.
(1)
Public hearing. Before hearing and enacting zoning ordinance and/or Zoning Map amendments, the Board of Supervisors shall conduct a public hearing to inform the general public of the nature of the amendment and to obtain public comment. Such public hearing shall be conducted after public notice (as defined herein and listed below) has been given.
(2)
Public notice. Before conducting a public hearing, the Board of Supervisors shall provide public notice as follows:
(a)
Notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. Publication of the proposed amendment shall include either the full text thereof or the title and brief summary, prepared by the Municipal Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
[1]
A copy of the full text shall be supplied to a newspaper of general circulation in the municipality at the time the public notice is published.
[2]
An attested copy of the proposed ordinance shall be filed in the county law library or other county office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
(b)
For Zoning Map amendments, public notice shall also include the posting of a sign at conspicuous locations along the perimeter of the subject property. These sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time and location of the hearing.
(c)
For curative amendments, public notice shall also indicate that the validity of the ordinance and/or map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material or proposed amendments, may be examined by the public.
(d)
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially or is revised to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
(3)
Enactment notice. In addition to the public notice requirements defined herein, the Board of Supervisors must publish a reference to the time and place of the meeting at which passage of the ordinance or amendment will be considered and a reference to a place within the municipality where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. Enactment notice shall be published at least once in one newspaper of general circulation in the municipality not more than 60 days nor less than seven days prior to passage. The published content of the enactment notice shall be the same as that required for public notice described in the preceding Subsection B(2)(a).
(4)
Township Planning Commission referrals. For amendments proposed by parties other than the Township Planning Commission, the Board of Supervisors shall submit each amendment at least 30 days prior to public hearing to the Township Planning Commission for review and comment. The Township Planning Commission shall submit a report of its review, together with any recommendations, to the Board of Supervisors within 45 days from the date of said referral. The recommendation of the Township Planning Commission may include a specific statement as to whether or not the proposed amendment is in accordance with the intent of this chapter and any officially adopted Comprehensive Plan of the Township. The Board of Supervisors cannot act upon the amendment until it has received a recommendation from the Township Planning Commission; however, should the Township Planning Commission fail to submit its recommendation within 45 days, the Board of Supervisors may proceed without its recommendation.
(5)
County Planning Department referrals. All proposed amendments shall be submitted to the County Planning Department at least 30 days prior to public hearing on such amendments. The County Planning Department may submit recommendations to the Board of Supervisors within 45 days of such referral. The Board of Supervisors cannot act upon the amendment until it has received a recommendation from the County Planning Department; however, should the County Planning Department fail to submit its recommendation within 45 days, the Board of Supervisors may proceed without its recommendation.
(6)
Adjournment of public hearing. If during the public hearing process, the Board of Supervisors needs additional time to understand the proposal, inform the public, receive public comment and/or render a decision, it may adjourn the public hearing to a specific time and place.
(7)
Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Cumberland County Planning Department.
C.
Amendments initiated by the Township Planning Commission. When an amendment, supplement, change or repeal is initiated by the Township Planning Commission, the proposal shall be presented to the Board of Supervisors which shall then proceed in the same manner as with a petition to the Board of Supervisors which has already been reviewed by the Township Planning Commission.
D.
Amendment initiated by the Board of Supervisors. When an amendment, supplement, change or repeal is initiated by the Board of Supervisors, such amendment, supplement, change or repeal shall follow the procedure prescribed for a petition under § 204-72B.
E.
Amendment initiated by a petition from an interested party. A petition for amendment, supplement, change or repeal for a portion of this chapter shall include an accurate legal description and surveyed plan of any land to be rezoned and all of the reasons supporting the petition to be considered. The petition shall also be signed by at least one record owner of the property in question whose signature shall be notarized attesting to the truth and correctness of all the facts and information presented in the petition. A fee to be established by the Board of Supervisors shall be paid upon the filing of such petition for change and for the purpose of defraying the costs of the proceedings prescribed herein. The Board of Supervisors may require duplicate sets of petition materials.
F.
Curative amendment by a landowner. A landowner, who desires to challenge on substantive grounds the validity of the ordinance or the Official Zoning Map 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 Supervisors (including all of the reasons supporting the request to be considered) with a written request that his challenge and proposed amendment be heard and decided as provided in § 609.1 and 916.1 of the Act, as amended.[1] The Board of Supervisors shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Township and Cumberland County Planning Department as provided for in § 204-72B and public notice of the hearing shall be provided as defined herein.
(1)
In reviewing the curative amendment, the Board of Supervisors may deny the request, accept the request as submitted or may adopt an alternative amendment which will cure the challenged defects. The Board of Supervisors 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.
(2)
The Board of Supervisors shall render its decision within 45 days after the conclusion of the last hearing.
(3)
If the Board of Supervisors fails to act on the landowner's request within the time limits referred to in § 204-72F(2), a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.
(4)
Public notice of the hearing shall include notice that the validity of the ordinance or Zoning Map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material or proposed amendments may be examined by the public.
(5)
The challenge shall be deemed denied when:
(a)
The Board of Supervisors fails to commence the hearing within 60 days.
(b)
The Board of Supervisors notifies the landowner that it will not adopt the curative amendment.
(c)
The Board of Supervisors adopts another curative amendment which is unacceptable to the landowner.
(d)
The Board of Supervisors fails to act on the request 45 days after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and municipality.
(6)
Where, after the effective date of the Act, a curative amendment proposal is approved by the grant of a curative amendment application by the Board of Supervisors pursuant to this section or a validity challenge is sustained by the Zoning Hearing Board pursuant to 53 P.S. § 10609.1 or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval for a subdivision, land development or planned residential development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of § 508(4) of the Act shall apply.[2]
[2]
Editor's Note: See 53 P.S. § 10508(4).
(7)
Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further application under any subdivision or land development ordinance, the developer shall have one year within which to file for a zoning permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1.
G.
Curative amendment by the Board of Supervisors.
(1)
The Board of Supervisors, by formal action, may declare this chapter 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 Supervisors shall:
(2)
Within 180 days from the date of the declaration and proposal, the Board of Supervisors shall enact a curative amendment to validate or reaffirm the validity of this chapter pursuant to the provisions required by § 609 of the Act in order to cure the declared invalidity of the ordinance.[3]
[3]
Editor's Note: See 53 P.S. § 10609.
(3)
Upon the date of the declaration and proposal, the Board of Supervisors shall not be required to entertain or consider any curative amendment filed by a landowner. Nor shall the Zoning Hearing Board be required to give a report, upon request, for a challenge to the validity of the ordinance under 53 P.S. § 10609.1 subsequent to the declaration and proposal, based upon the grounds identical to or substantially similar to those specified in the resolution required by this section. Upon the enactment of a curative amendment to or the reaffirmation of the validity of this chapter, no rights to a cure by amendment or challenge 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 the Board of Supervisors propose to prepare a curative amendment.
(4)
The Board of Supervisors, having utilized the procedures as set forth in this section, may not again utilize said procedures for a thirty-six-month period following the date of the enactment of a curative amendment or reaffirmation of the validity of the ordinance; provided, however, that if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a decision by any court of competent jurisdiction, the Board of Supervisors may utilize the provisions of this section to prepare a curative amendment to the ordinance to fulfill this duty or obligation.
H.
Authentication of Official Zoning Map. Whenever there has been a change in the boundary of a zone or a reclassification of the zone adopted in accordance with the above, the change on the Map (and any duly adopted Overlay Zoning Map) shall be made and shall be duly certified by the Township Secretary and shall thereafter be refiled as part of the permanent records of the Township.
§ 204-73 Conditional uses.
A.
Filing of conditional use. For any use permitted by conditional use, a conditional use must be obtained from the Board of Supervisors. In addition to the information required on the zoning permit application, the conditional use application must show:
(1)
Ground floor plans and elevations of proposed structures.
(2)
Names and addresses of adjoining property owners, including properties directly across a public right-of-way.
(3)
A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.
(4)
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
B.
General criteria. Each applicant must demonstrate compliance with the following:
(1)
The proposed use shall be consistent with the purpose and intent of this chapter.
(2)
The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties.
(3)
The proposed use will not affect a change in the character of the subject property's neighborhood.
(4)
Adequate facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, vehicular access, etc.).
(5)
For development within the Floodplain Overlay Zone, that the application complies with those requirements of Chapter 112, Floodplain Management.
(6)
The proposed use shall comply with those criteria specifically listed in Article IV of this chapter. In addition, the proposed use must comply with all other applicable regulations of this chapter.
(7)
The proposed use will not substantially impair the integrity of the Township's Comprehensive Plan.
C.
Conditions. The Board of Supervisors, in approving conditional use applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this article.
D.
Site plan approval. Any site plan presented in support of the conditional use pursuant to Subsection A shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.
E.
Hearing procedures.
(1)
Before voting on the approval of a conditional use, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. The Board of Supervisors shall submit each such application to the Township Planning Commission at least 30 days prior to the hearing on such application to provide the Township Planning Commission an opportunity to submit recommendations. If, after any public hearing held upon an application, the proposed application is revised, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the application.
(2)
Public notice, as defined herein, and written notice shall be given to the applicant, the Zoning Officer, such other persons as the Board of Supervisors shall designate by ordinance and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board of Supervisors. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
(3)
The Board of Supervisors may prescribe reasonable fees with respect to hearings. Fees for said hearings may include compensation for the Secretary, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses, expenses for engineering, architectural or other technical consultants or expert witness costs.
(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 Board of Supervisors and any other person, including civic or community organizations permitted to appear by the Board of Supervisors. The Board of Supervisors shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board of Supervisors for that purpose.
(5)
The Chairman or Acting Chairman of the Board of Supervisors 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 Board of Supervisors may keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board of Supervisors. The cost of the original transcript shall be paid by the Board of Supervisors if the transcript is ordered by the Board of Supervisors, or shall be paid by the person appealing the decision of the Board of Supervisors 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.
(9)
The Board of Supervisors 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 governing body shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the governing body. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or 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.
(11)
Where the governing body fails to render the decision within the period required by this subsection or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing, or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the governing body to meet or render a decision as herein above provided, the governing body 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 required by the public notice requirements of this chapter. If the governing body shall fail to provide such notice, the applicant may do so.
(12)
Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.
F.
Time limitation.
(1)
If a conditional use is granted, the necessary permit shall be secured and the authorized action begun within two years after the date when the conditional use is finally granted and the building or alteration, as the case may be, shall be completed within three years of said date. For good cause, the Board of Supervisors may at any time, upon application in writing, extend either of these deadlines.
(2)
Should the appellant or applicant fail to obtain the necessary permits within said two-year period or having obtained the permit should he fail to commence work thereunder within such two-year period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn or abandoned his application, and all approvals and permits granted to him shall be deemed automatically rescinded by the Board of Supervisors.
(3)
Should the appellant commence construction or alteration within said two-year period, but should he fail to complete such construction or alteration within said three-year period, the Board of Supervisors may, upon 10 days' notice in writing, rescind or revoke the granted conditional use, if the Board of Supervisors finds that no good cause appears for the failure to complete within such three-year period and if the Board of Supervisors further finds that conditions have altered or changed in the interval since the granting of the conditional use that revocation or rescission of the action is justified.
(4)
As an alternative to the preceding, an applicant can request, as part of the original application before the Board, the granting of a timetable associated with the request which would supersede the deadlines imposed in § 204-73F(1) through (3). In so doing, the applicant must demonstrate that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this section, the Board must establish and bind a definite timeframe for the issuance of a zoning permit and the completion of construction of the project.