Ohara Township City Zoning Code
ARTICLE XIX
Administration
§ 455-19.1 Zoning/building permits.
A.
No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the Zoning Officer. No zoning/building permit shall be issued for any building where said construction, addition, or alteration or use thereof would be in violation of any of the provisions of this chapter, except after written order from the Board. Any zoning/building permit issued in conflict with the provisions of this chapter, except after written order from the Board, shall be null and void.
B.
All applications for zoning/building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations of the lot or buildings and structures already existing, if any; and the location and dimensions of the proposed building and structure or alteration. The application shall include such other information as lawfully may be required by the Zoning Officer, including existing or proposed building alteration; all proposed changes of grade, walls, fences, drains, driveways, parking area and landscaping plan; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter.
C.
In approving an application for a zoning/building permit, the Zoning Officer may require such changes in plans for construction, addition or alteration or use of such buildings or lots as may be necessary to assure compliance with this chapter.
D.
A zoning/building permit for any building or use may be revoked and withdrawn by the Zoning Officer if the holder of the zoning/building permit has failed to comply with the requirements of this chapter or with any conditions attached to the issuance of the permit, and the holder of the zoning/building permit may be subject to enforcement remedies, as provided for in Article XXI of this chapter.
E.
The Zoning Officer shall render a decision either approving or disapproving the application for a zoning/building permit within 90 days after the application is filed in accordance with state requirements, provided that any disapproval of the application shall be issued within said state-required period, containing a written explanation setting forth the reason for said disapproval and the manner in which the application can be corrected and/or modified to obtain the required approval.
F.
One copy of the plans shall be returned to the applicant by the Zoning Officer after the Zoning Officer shall have marked such copy either as approved or disapproved and attested to same by their signature on such copy. The second copy of the plans, similarly marked, shall be retained by the administration official.
G.
If the work described in any zoning/building permit has not begun within six months from the date of issuance thereof, said permit shall automatically expire.
H.
The work described in any zoning/building permit shall be substantially completed within the time stated on the permit or within one year of the date of issuance thereof, whichever is sooner. An extension may be granted by the Zoning Officer upon request of the applicant.
I.
A zoning/building permit for the construction of a single family residence for which a private access drive is proposed, i.e. where access is not provided directly to an abutting public road or street, shall be issued upon the agreement of the applicant to construct said private access drive from the property line to a connection with an existing public road or street, to the standards and specifications outlined in Chapter 395, Subdivision and Land Development, for public roads. Alternatively, the applicant may sign and record in the office of the Allegheny County Recorder of Deeds, a hold harmless agreement, prepared by the Township, by which O'Hara Township is relieved of any maintenance, responsibility or liability associated with the construction or use of said private access drive or the issuance of said zoning/building permit.
§ 455-19.2 Occupancy permits.
A.
It shall be unlawful to use or occupy or permit the use of occupancy of any land or building, or part thereof, existing or hereafter erected, connected or wholly or partly altered or enlarged, if its use has been changed, until an occupancy permit has been issued therefor by the Zoning Officer. Said occupancy permit shall state that the proposed use of the building or land conforms to the requirements of this chapter.
B.
Occupancy permits shall be applied for coincident with the application for a zoning/building permit and shall be issued within five working days after the erection or alteration has been completed, inspected by the Zoning Officer and approved by said Officer as complying with the provisions of this chapter and the Township Building Code.[1]
C.
Application for occupancy permits for a new or changed use of land and/or building where no zoning/building permit is required shall be made directly to the office of the Zoning Officer. Occupancy permits shall be issued or written notice stating why an occupancy permit cannot be issued shall be given to the applicant no later than 10 days after the application has been received by the office of the Zoning Officer.
D.
A temporary occupancy permit may be issued by the Zoning Officer for a period not exceeding six months during alterations as partial occupancy of a building pending its completion, provided that such temporary permit may require such conditions and safeguards as will protect the safety of the occupants and the public.
E.
Failure to obtain an occupancy permit shall be a violation of this chapter and may be subject to penalties as provided by this chapter.
F.
The Zoning Officer shall maintain a record of all occupancy permits, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or lot affected.
G.
Adult businesses shall require an annual occupancy permit for continued operation.
§ 455-19.3 Administration of nonconforming uses or structures.
A.
No nonconforming structure or nonconforming use of land shall be maintained, renewed, changed or extended until an occupancy permit has been issued by the Zoning Officer.
B.
After the enactment of this chapter, the owners or occupants of a nonconforming use or structure shall be notified by the Zoning Officer of the provisions of this article. Within 30 days after the receipt of said notice, the owner or occupant shall apply for and be issued an occupancy permit for the nonconforming use or structure. Such application will constitute registration of the nonconforming use or structure and shall state specifically wherein the nonconforming use or structure differs from the provisions of this chapter. If the owner of a nonconforming use or structure fails to apply for an occupancy permit within 30 days after receipt of the foregoing notice, the use ceases to be nonconforming and is hereby declared to be in violation of this chapter. The Zoning Officer and Township Solicitor shall take appropriate action to enjoin such violation.
C.
If the Zoning Officer shall find, upon reviewing the application for an occupancy permit, that the existing use is illegal or in violation of other ordinances or laws, of if the Zoning Officer finds that the building for which the permit is requested has been constructed or altered for the existing use or any other use without full compliance with the O'Hara Township Building Code (see Ch. 170, Construction Codes) or Zoning Ordinance in effect at the time of construction or alteration, they shall not issue the permit, but shall declare such use to be in violation of this chapter.
D.
Upon the change of any nonconforming use to a conforming use, the owner or occupant of such use may request that such use be deleted from any list of or map showing nonconforming uses.
§ 455-19.4 Office of Zoning Officer.
A.
For the administration of this chapter, a Zoning Officer, who may hold no other office in the Township, shall be appointed. The Zoning Officer shall administer this Zoning Ordinance in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter. The Zoning Officer shall issue zoning/building permits and occupancy permits for only those structures and uses that comply with the provisions of this chapter. The Zoning Officer shall, furthermore, conduct all inspections necessary to determine compliance with this chapter.
B.
The Zoning Officer shall meet qualifications established by O'Hara Township and shall be able to demonstrate, to the satisfaction of the Township, a working knowledge of municipal zoning.
C.
The Zoning Officer shall be responsible for:
(1)
Maintaining all of the records of this chapter, including but not limited to all maps, amendments and special exceptions, variances, appeals and applications thereof and hearings thereon.
(2)
Collecting fees which shall accompany applications for zoning/building and occupancy permits, special exceptions, variances, administrative fees for the processing of subdivision and land development applications and all other permit and review fees required by ordinance.
(3)
Receiving, filing and forwarding to the Township Council and the Planning Commission for action all applications for amendments to this chapter.
(4)
Receiving, filing and forwarding to the Planning Commission and Zoning Hearing Board all applications for special exceptions, appeals or interpretations, in accordance with the provisions of this chapter.
D.
The Zoning Officer is authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of the job description.
§ 455-19.5 Zoning Hearing Board.
B.
Membership of Board. The membership of the Board shall consist of three residents of the Township appointed by the Township Council. 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 Board shall promptly notify the Township Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Township, except that no more than one member of the Board may also be a citizen member of the Planning Commission.
C.
The Township Council may appoint by resolution at least one but no more than three residents of the municipality to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of Article IX, Section 906, of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[2] an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in the Pennsylvania Municipalities Planning Code, Act 247, as amended, and as otherwise provided by law. Alternates shall hold no other office in O'Hara Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member.
[2]
Editor's Note: See 53 P.S. § 10906.
D.
Removal of members. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Township Council which appointed the member, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
E.
Organization of Board. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board. If by reason of absence or disqualification of a member, a quorum is not reached, the Chairperson of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates. The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the commonwealth. The Board shall keep full public records of its business and shall submit a report of its activities to the Township Council at least once a year.
F.
Expenditures for services. Within the limits of funds appropriated by the Township Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties as may be fixed by the Township Council.
G.
Jurisdiction.
(1)
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(a)
Substantive challenges to the validity of any land use ordinance, except those brought before the Township Council pursuant to Sections 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[3]
[3]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1(a)(2), respectively.
(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 said ordinance. Where the ordinance appealed from is the initial Zoning Ordinance of O'Hara Township and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court.
(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.
(g)
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.
(i)
Appeals from the determination of the Zoning Officer or 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 development not involving applications under Article V or VII of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[7]
[7]
Editor's Note: See 53 P.S. §§ 10501 et seq. and 10701 et seq., respectively.
(2)
Township Council, or except as to Subsection G(2)(c), (d), and (e), the Planning Commission, if designated, shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(a)
All applications for approvals of planned residential developments under Article VII of the Pennsylvania Municipalities Planning Code, Act 247, as amended, pursuant to the provisions of Section 702 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[8]
[8]
Editor's Note: See 53 P.S. § 10702.
(b)
All applications pursuant to Section 508 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[9] for approval of subdivision or land developments under Article V of the Pennsylvania Municipalities Planning Code, Act 247, as amended. Any provision in a subdivision and land development ordinance requiring that final action concerning subdivision and land development applications be taken by the Planning Commission rather than the Township Council shall vest exclusive jurisdiction in the Planning Commission in lieu of the Township Council for purposes of the provisions of this subsection.
[9]
Editor's Note: See 53 P.S. § 10508.
(e)
All petitions for amendments to land use ordinance, pursuant to the procedures set forth in Section 609 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[12] any action on such petitions shall be deemed legislative acts, provided that nothing contained in this subsection shall be deemed to enlarge or diminish existing law with reference to appeals to court.
[12]
Editor's Note: See 53 P.S. § 10609.
(f)
Appeals from the determination 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 land development under Article V and VII of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[13] Where such determination relates only to development not involving of Article V or VII, of the Pennsylvania Municipalities Planning Code, Act 247, as amended, application, the appeal from such determination of the Zoning Officer or the Township Engineer shall be to the Zoning Hearing Board pursuant to Subsection G(1)(i). Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the Planning Commission, all appeals from determinations under this subsection shall be to the Planning Commission and all appeals from the decision of the planning agency shall be to court.
[13]
Editor's Note: See 53 P.S. §§ 10501 et seq. and 10701 et seq., respectively.
H.
Hearings. The Board shall conduct hearings and make decisions in accordance with the following requirements:
(1)
Public notice shall be given in writing to the public, the Zoning Officer, such other persons as the Township Council shall designate by ordinance and to any person who has made timely request for the same. 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. Written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing date.
(2)
Where a request for a variance has been filed, all owners of property within 100 linear feet of the subject property boundaries shall be notified by regular mail of the date of the scheduled hearing. The applicant shall provide to the Township staff a list containing the names and street addresses of the aforementioned property owners.
(3)
Township Council shall from time to time establish, by resolution, a schedule of administrative fees to cover the costs of public hearings before the Zoning Hearing Board. Said fee shall include compensation for the Secretary, members of the Board, notice and advertising costs and application processing.
(4)
The hearings shall be conducted by the Board or the Board may appoint any member or an independent attorney as a hearing officer. The decision, or where no decision is called for, the findings shall be made by the Board; however, the applicant may waive the decision or findings by the Board and accept the decision or findings of the hearing officer as final.
(5)
The parties to the hearing shall be any persons who is entitled to notice under this section or who has made timely appearance of record before the Board and any other persons permitted to appear by the Board, and the Township.
(6)
The first hearing before the Board or hearing officer shall be commenced within 60 days from the date of the receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing 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 their 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. An applicant may, upon request, be granted additional hearings to complete their 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 municipality, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.
(7)
The Chairperson or Acting Chairperson of the 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.
(8)
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 evidence may be excluded.
(9)
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(10)
The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. A transcript of the proceedings shall be paid by the person appealing from the decision of the Board and copies of the transcript, graphic or written material received in evidence shall be made available to any party at cost.
(11)
The Board or the hearing officer shall not communicate, directly or indirectly, with any party of their 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 unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings with any party or their representative unless all parties are given an opportunity to be present.
(12)
The 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. Each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this act 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. If the hearing is conducted by a hearing officer, and there has been no stipulation that their decision or findings are final, the Board shall make their report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings and the Board's decision shall be entered not later than 30 days after the report of the hearing officer except for challenges filed under Section 916.1 of the Pennsylvania Municipalities Planning Code[15] where the Board has power to render a decision and the Board or the hearing officer, as the case may be, fails to render the same within the period required by this clause, or fails to commence or complete the requested hearing as provided in Subsection H(6), the decision shall be deemed to have been rendered in favor of the applicant. When a decision has been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Article IX, Section 908, of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[16]
(13)
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 them not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide, by mail or otherwise, written notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
§ 455-19.6 Appeals from Zoning Officer.
The Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid ordinance or map or any valid rule or regulation governing the action of the Zoning Officer. Nothing contained herein shall be construed to deny to the appellant the right to proceed directly in court, where appropriate, pursuant to Pennsylvania Rules of Civil Procedure, Sections 1091 to 1098, relating to mandamus.
§ 455-19.7 Variances.
A.
The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. All applications shall include a site plan that has been prepared based on an existing survey. The Board may grant a variance, provided 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 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 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.
(2)
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.
(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 property is located, nor substantially or permanently impair the appropriate use of development of adjacent property, nor be detrimental to the public welfare.
(5)
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
B.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1] Following the granting of a variance, said use shall be established within two years of the approval date.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Under no circumstances shall the Zoning Hearing Board grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly, or by implication, prohibited by the terms of this chapter in said district.
D.
A variance from the terms of this chapter shall not be granted by the Board unless and until a written application for a variance is submitted to the office of the Zoning Officer expressing the unique physical circumstances or conditions of the particular land, structure or building creating an unnecessary hardship. No conforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures or buildings in other districts, shall be considered grounds for the issuance of a variance.
§ 455-19.8 Special exceptions.
A.
Where the Township Council in this chapter has stated special exceptions to be granted or denied by the Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code, Act. 247, as amended,[1] and this chapter. Following the granting of a special exception, said use shall be established within two years of the approval date or the special exception approval shall automatically lapse.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Amateur radio communication towers. Amateur radio communications antenna and all associated towers and support devices (collectively referred to in this section as an "antenna") shall be permitted as a special exception in the R-1, R-2, R-3 and R-4 districts, provided it is demonstrated by the applicant by competent evidence that:
(1)
No antenna shall be erected within the required setbacks. One additional foot of setback will be required for every one foot of height over 30 feet.
(2)
No antenna shall be permitted in any front yard.
(3)
The antenna must be erected to comply with manufacturer requirements and accepted engineering standards.
(4)
The maximum base width of the antenna shall be five feet at ground level. At 30 feet (if not the top), the maximum width shall be three feet. At the top, the maximum width shall be 18 inches.
(5)
The antenna shall be securely anchored in a fixed location on the ground and the application shall provide qualified documentary evidence that the proposed structure will withstand wind and other natural forces.
(6)
The antenna or the yard area containing the structure shall be protected and secured to guarantee the safety of the general public. Fencing or installation of anti-climbing safety devices will be required, at a minimum, to demonstrate compliance with this subsection. Associated supports and guide wires shall not be located within the required setbacks.
(7)
In granting the use, the Zoning Hearing Board may attach reasonable conditions warranted to protect the public health, safety and welfare, including, but not limited to, location, fencing, screening, increased setbacks, the use of a retractable antenna where the extended height of the antenna exceeds 30 feet, and restrictions of the hours in which the antenna can be fully extended. The retracted height should be 30 feet or less, if possible.
(8)
The applicant shall submit a site plan or survey of the property certified by an engineer or architect.
(9)
Only one antenna may be permitted per lot. The antenna must be an accessory structure.
(10)
The applicant shall present competent expert evidence showing that the antenna will not adversely affect property values in the neighborhood (and in particular, each abutting property) by more than 5%.
(11)
The applicant will submit a copy of their FCC license. Any grant of exceptional use hereunder will automatically lapse if said license ever expires or lapses.
(12)
If approved, the height granted by the Board will be the minimum necessary to provide a reasonable accommodation to applicant.
§ 455-19.9 Mediation option.
A.
Parties to proceedings authorized in this article and Article X-A, Appeals to Court, of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] 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 article and Article X-A 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.
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
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. 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:
(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 act, provided there is written consent by the mediating parties, and by an applicant or municipal 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 the other sections of 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.
§ 455-19.10 Validity; substantive issues.
A.
A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which they have an interest shall submit the challenge either:
B.
Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provision thereof, who desires to challenge its validity on substantive grounds shall first submit their challenge to the Zoning Hearing Board for a decision thereon under Section 909.1(a)(1).[4]
[4]
Editor's Note: See 53 P.S. § 10909.1(a)(1).
C.
(1)
In challenges before the Zoning Hearing Board, the challenging party shall make a written requested to the Board that it hold a hearing on the challenge. The request shall contain the reasons for the challenge. Where the landowner desires to challenge the validity of such ordinance and elects to proceed by curative amendment under Article VI, Section 609.1 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[5] their application to the Township Council shall contain, in addition to the requirements of the written request hereof, the plans and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development permitted by the challenged ordinance or map. Such plans or other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a permit, so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map in light thereof. Nothing herein contained shall preclude the landowner from first seeking a final approval before submitting their challenge.
[5]
Editor's Note: See 53 P.S. § 10609.1.
(2)
If the submission is made by the landowner to the Township Council under this section, the request also shall be accompanied by an amendment or amendments to the ordinance proposed by the landowner to cure the alleged defects therein.
(4)
The Township Council may retain an independent attorney to present the defense of the challenged ordinance or map on its behalf and to present their witnesses on its behalf.
(5)
Based upon the testimony presented at the hearing or hearings, the Township Council or the Zoning Hearing Board, as the case may be, shall determine whether the challenged ordinance or map is defective, as alleged by the landowner. If a challenge heard by the Township Council is found to have merit, the Township Council shall proceed as provided in Section 609.1 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[7] If a challenge heard by a Zoning Hearing Board is found to have merit, the decision of the Zoning Hearing Board shall include recommended amendments to the challenged ordinance which will cure the defects found. In reaching its decision, the Zoning Hearing Board shall consider the amendments, plans and explanatory material submitted by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;
(b)
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map;
(c)
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;
(d)
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and
(e)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
[7]
Editor's Note: See 53 P.S. § 10609.1.
(6)
The Township Council or the Zoning Hearing Board, as the case may be, shall render its decision within 45 days after the conclusion of the last hearing.
D.
The Zoning Hearing Board or Township Council, as the case may be, shall commence its hearings within 60 days after the request is filed unless the landowner requests or consents to an extension of time.
E.
Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall give the place where and the time when a copy of the request, including any plans, explanatory material or proposed amendments may be examined by the public.
F.
The challenge shall be deemed denied when:
(1)
The Zoning Hearing Board or Township Council, as the case may be, fails to commence the hearing within the time limits set forth in Subsection D of this section;
(2)
The Township Council notifies the landowner that it will not adopt the curative amendment;
(3)
The Township Council adopts another curative amendment which is unacceptable to the landowner; or
(4)
The Zoning Hearing Board or Township Council, as the case may be, 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 O'Hara Township.
G.
Where, after the effective date of this act, a curative amendment proposal is approved by the grant of a curative amendment application by the Township Council pursuant to Section 909.1(b)(4) of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[8] or a validity challenge is sustained by the Zoning Hearing Board pursuant to Section 909.1(a)(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 pursuant to Article V or VII of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[9] 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 provision of Section 508(4) of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[10] shall apply. 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/building permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision and land development 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.
§ 455-19.11 Appeals.
Appeals and proceedings to challenge an ordinance under Article IX of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] may be filed with the Board in writing by any officer or agency of the Township, or any person aggrieved. Requests for a variance under this article or for a special exception under this article may be filed with the Board by any landowner or any tenant with the permission of such landowner.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
§ 455-19.12 Time limitations.
The time limitations for raising certain issues and filing certain issues and filing certain proceedings with the Board shall be set as follows:
A.
No issue of alleged defect in the process of enactment of any ordinance or map, or any amendment thereto, shall be raised in any proceeding filed with the Board later than 30 days from the time such ordinance, map or amendment takes effect unless the person raising such issue alleges and proves that they failed to receive adequate notice of the enactment or amendment. If such person has succeeded to their interest after the enactment of the ordinances, adequate notice to their predecessor in interest shall be deemed adequate notice to them.
B.
No person shall be allowed to file any proceeding with the Board later than 30 days after any application for development, preliminary or final, 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 they failed to receive adequate notice of such approval. If such person has succeeded to their interest after such approval, adequate notice to their predecessor in interest shall be deemed adequate notice to their predecessor in interest shall be deemed adequate notice to them.
§ 455-19.13 Stay of proceedings.
Upon filing of any proceeding referred to in this article above, and during its pendency before the 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 thereunder shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the 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 which may be granted by the 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 Board by persons other than the applicant, the applicant may petition the court having jurisdiction on zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board. The question of whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
§ 455-19.14 Review by Planning Commission.
A.
The Planning Commission of the Township of O'Hara shall receive from the office of 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 to the Township Council.
B.
The Planning Commission may receive from the office of the Zoning Officer copies of all applications for special exceptions and may make recommendations thereon, after which the Commission shall forward such findings and recommendations to the Zoning Hearing Board.
C.
The Planning Commission may, furthermore, initiate, direct and review from time to time a study of the provisions of this chapter and make reports of its findings and recommendations to the Township Council.
D.
Except for elected or appointed officers or employees of the Township, members of the Commission may receive compensation in an amount fixed by the Township Council. Compensation shall not exceed the rate of compensation authorized to be paid to members of Council. Without exception, members of the Planning Commission may be reimbursed for necessary and reasonable expenses.
§ 455-19.15 Schedule of fees, charges and expenses.
The Township Council shall establish a schedule of fees, charges and expenses and a collection procedure for zoning/building permits, occupancy permits, appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Zoning Officer, and may be changed only by resolution of the Township Council. No permit, special exception or variances shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the Board unless or until preliminary charges or fees have been paid in full.
§ 455-19.16 Enforcement notice.
A.
If it appears to O'Hara Township that a violation of any zoning ordinance enacted under this act or prior enabling laws has occurred, O'Hara Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
B.
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.
C.
In any appeal of an enforcement notice to the Zoning Hearing Board, O'Hara Township shall have the responsibility of presenting its evidence first.
D.
Any filing fee paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by O'Hara Township if the Zoning Hearing Board, or any court of competent jurisdiction, rules in the appealing party's favor.
E.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom O'Hara 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 the ordinance.
(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 30 days of receipt of the notice.
(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.
F.
Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the Township if the Zoning Hearing Board, or any court in a subsequent appeal, rules in the appealing party's favor.
§ 455-19.17 Expansion of utilities.
A.
A municipal authority, water company or any other municipality that plans to expand water, sanitary sewer or storm sewer service via a new main extension to a proposed development that has not received any municipal approvals within O'Hara Township, shall notify O'Hara Township by certified mail, return receipt requested, of its intention and shall provide O'Hara Township an opportunity to provide written comment on whether the proposed expansion of service within the Township is generally consistent with this chapter.
B.
The purpose of the requirement of this section is to provide the municipal authority, water company, or any other municipality with information regarding how its decision to expand service may potentially enhance and support or conflict with or negatively impact on the land use planning of municipalities.
C.
Nothing in this section shall be construed as limiting the right of a municipal authority, water company, or any other municipality to expand service as otherwise permitted by law.
D.
Except as provided in Section 619.2 of the Pennsylvania Municipalities Planning Code (PA MPC), Act 247 of 1968, as amended,[1] nothing in the PA MPC shall be construed as limiting the authority of the Pennsylvania Public Utility Commission over the implementation, location, construction and maintenance of public utility facilities. The requirement of this section shall not apply to an expansion of service by a municipal authority, water company, or other municipality which is ordered by a court or a federal or state agency.
[1]
Editor's Note: See 53 P.S. § 10619.2.
E.
As used in this section:
(1)
A "decision to expand service within the municipality" shall mean a decision to expand the number of its individual service connections for distribution or collection within O'Hara Township as a result of a main extension; but, if the number of individual service connections are not being increased, locating or acquiring transmission lines or interceptors, or wells, reservoirs, aquifers, pump stations, water storage tanks or other facility by a municipal authority or water company in a new area of O'Hara Township shall not be deemed an expansion of service.
(2)
A "water company" shall include any person or corporation, including a municipal corporation operating beyond its corporate limits, which furnishes water to or for the public for compensation.
F.
Nothing in this section shall be construed to authorize O'Hara Township to regulate the allocation or withdrawal of water resources by any person, municipal authority or water company that is otherwise regulated by the Pennsylvania Public Utility Commission or other federal or commonwealth agencies or statutes.