Richland Township Cambria County
City Zoning Code
City Zoning Code
ARTICLE XV
Administration and Enforcement
§ 240-92 Zoning Officer
A.
Zoning enforcement. A Zoning Officer shall be appointed by the Richland Township Supervisors to administer and enforce this zoning chapter.
B.
Duties and powers of Zoning Officer.
(1)
It shall be the duty of the Zoning Officer to enforce literally the provisions of this chapter, as amended, and he shall have such duties and powers as are conferred on him by this chapter and as are reasonably implied for that purpose. The Zoning Officer's duties shall include but are not limited to the following:
(a)
Receive applications for and issue zoning and sign approvals.
(b)
Keep an official record of all business and activities, including complaints of a violation of any of the provisions of this chapter and of the action taken consequent on each such complaint. All such records shall be open to public inspection. File copies of all applications received, approvals issued, reports and inspections made in connections with any structure, building, sign and/or land shall be retained as long as they remain in existence.
(c)
Make inspections as required to fulfill his duties. He shall have the right to enter any building or structure or enter upon any land at any reasonable hour in the course of his duties.
(d)
Issue approvals for special exception uses and for variances only after such uses and/or buildings have been approved by the Zoning Hearing Board in accordance with the regulations of this chapter.
(e)
Be responsible for keeping this chapter and the Zoning Map up to date as to include amendments thereto.
C.
Notice of violations. The Zoning Officer shall serve a notice of violation on any person, firm, corporation or partnership responsible for violating any of the provisions of this chapter or in violation of a detailed statement or a plan approved thereunder by sending an enforcement notice to the owner of record of the parcel on which the violation occurred and to any other 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 which shall contain the following information:
(1)
The name of the owner of record and any other person against whom the township intends to take action.
(2)
The location of the 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 chapter.
(4)
The date before the steps for compliance must be commenced and the date before which the steps must be completed.
(5)
That the recipient of a notice has the right to appeal to the Zoning Hearing Board within 30 days from the date set forth on the notice in accordance with the procedures set forth in § 240-101 of this chapter.
(6)
That the failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation with the possible sanctions clearly described.
§ 240-93 Approvals required.
A.
Zoning approval. No building, structure or sign shall be erected, constructed, moved, added to or structurally altered nor shall land be put to any use without approval therefor issued by the Zoning Officer. No such approval shall be issued except in conformity with the provisions of this chapter or upon written order from the Zoning Hearing Board in the form of administrative review, special exception or variance as provided by this chapter or by the court.
(1)
Form of application.
(a)
All applications shall be made in writing and shall be accompanied by two sets of plans, including construction details and specifications, drawn to scale showing at least the following information:
[1]
Actual dimensions stated and the shape of the lot to be built upon drawn to scale.
[2]
The exact size and location on the lot of buildings, structures or signs, existing and/or proposed extensions thereto, as staked on the ground by a registered surveyor with seal affixed.
[3]
The number of dwelling units, if any, to be provided.
[4]
Methods of sewage and solid waste disposal, plus information on quantity and quality of sewage involved and proposed method of treatment. if required.
[5]
Parking spaces provided and/or loading facilities.
[6]
Statement indicating the existing or proposed use.
[7]
Height of structure, building or sign.
[8]
All other information necessary for such Zoning Officer to determine conformance with and provide for enforcement of this chapter.
(b)
One copy of the plans shall be returned to the applicant by the Zoning Officer after he shall have marked such copies either as approved or disapproved and attested to same by his signature on such copy.
(c)
One copy of all such plans shall be retained by the Zoning Officer for his permanent records.
(d)
Such approval shall be issued or refused in writing not more than 30 days from date of application. In case of refusal, the applicant shall be informed to the reasons for the refusal and of his rights to appeal. The application for approval shall be submitted in such form as the Zoning Officer may prescribe.
(2)
Expiration of zoning approval.
(a)
Zoning approval shall expire within 90 days from the date of issuance if work described in any approval has not begun. If work described in any approval has begun, said approval shall expire after one year from date of issuance thereof.
(b)
A written request for an extension of a zoning approval beyond the one-year period shall be accepted but shall be granted only in extraordinary cases where the construction delay has been occasioned by causes solely within the control of persons or entities other than the applicant.
B.
Building permit. In addition to obtaining zoning approval as provided for above, an applicant is hereby notified that application must be made for a building permit on such form as the building official may prescribe and shall be accompanied by the required fee as prescribed by resolution set by the Township Supervisors.
C.
Exterior displays. Upon submission of an application in such form as the Zoning Officer may prescribe and payment of a monthly fee as set by the Board of Supervisors by resolution, the Zoning Officer may approve the exterior display of merchandise or goods in designated parking or yard areas if, in his opinion, the display does not significantly reduce available parking spaces and does not create a safety hazard. Any signs must comply with Article XIX.
§ 240-94 Certificate of use and occupancy.
A Certificate of use and occupancy shall be required upon the completion of the work contemplated. It shall be unlawful to use and/or occupy any structure, building and/or land or portions thereof in any manner until a certificate of use and occupancy has been issued.
A.
Form of application. The application and inspection fee for a certificate of use and occupancy shall be submitted in such form as the Zoning Officer may prescribe.
B.
Issuance of certificate of use and occupancy.
(1)
The Zoning Officer or a Zoning Officer designee shall inspect any structure, building, sign and/or land or portions thereof and shall determine the conformity therewith. If the Zoning Officer is satisfied that the completed work is in conformity with this chapter and with the work listed in the zoning approval, the Zoning Officer shall issue a certificate of use and occupancy.
(2)
A certificate of use and occupancy shall be granted or refused in writing not more than 10 days from the date of receipt of the application.
(3)
A complete set of as-built drawings shall be submitted for review and acceptance by the township for any construction or use requiring a site plan review under Article IV, § 240-19, or for any permitted activity where compliance with regulations requires clarification as determined by the Zoning Officer.
C.
Inspection fee. Each application for a certificate of use and occupancy shall be accompanied by cash, check or money order made payable to Richland Township in the amount set by resolution by the Township Supervisors.
§ 240-95 Schedule of fees.
A.
Each application for site plan approval or zoning approval shall be accompanied by cash, check or money order payable to Richland Township in accordance with the schedule of fees as set by resolution by the Township Supervisors.
B.
Payment of the approval fees does not obligate the Zoning Officer or Richland Township to grant the approval to the applicant.
C.
All approvals issued must be in conformance with the provisions of this chapter and, in the event that approval is not issued, the approval fee(s) shall not be refundable.
§ 240-96 Remedies.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used or any hedge, tree, shrub or other growth is maintained in violation of this chapter or any regulations made pursuant thereto, the proper township authorities, in addition to other remedies provided by law, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the use of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
§ 240-97 Violations and penalties.
For any and every violation of the provisions of this chapter or the terms of a building permit issued, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the owners, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall, upon being found liable therefor, in a civil enforcement proceeding commenced in the name of Richland Township, pay a judgment of not more than $1,000, plus all court costs, including reasonable attorneys' fees incurred by Richland Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of the violation by a District Justice. If the defendant neither pays nor timely appeals the judgment, Richland Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day that a violation continues shall constitute a separate violation unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of this zoning chapter shall be paid over to Richland Township.
§ 240-98 Power of amendment.
A.
The Board of Township Supervisors may, from time to time amend, supplement, change, modify or repeal this chapter, including the Zoning Map, by proceeding in the following manner:
(1)
The Planning Commission may initiate action by filing a written report to the Township Supervisors.
(2)
The Board of Township Supervisors may initiate action on their own.
(3)
The owner or owners of 50% percent or more of frontage of the properties and 50% percent or more of the number of properties between two intersecting streets may submit a notarized petition to the Township Supervisors.
B.
Petition for amendment.
(1)
Form and content. Petitions for amendment, supplement, change modification or repeal of the regulations prescribed for or of the Zoning Map, including the district or any part thereof, shall be on forms supplied by the Township Planning Commission. A narrative description which defines the limits of the requested change by street name or recognizable physical feature, states the specific reason for the requested amendment and states the specific use, type of development and type of structure to be erected under the proposed amendment shall be submitted. A map and/or preliminary site plan of the area to be affected by the petition shall also be submitted to the Township Planning Commission for reference and review by that Commission and copies forwarded to the Cambria County Planning Commission for its review.
(2)
Preliminary review by Planning Commission. After the facts presented and the data and information from the petition are reviewed and studied by the Planning Commission, the Commission shall, within 15 days after the regularly scheduled meeting, submit the petition with its preliminary recommendations to the Township Supervisors. The preliminary report by the Planning Commission is not intended to establish final approval by the Commission but rather to serve as a means of providing a format of action and review by the Township Supervisors.
C.
Action by Township Supervisors.
(1)
Subsequent to the introduction of the petition for zoning change and preliminary report by the Planning Commission to the Township Supervisors, the Supervisors shall fix a time for a public hearing.
(2)
Notice of the time and place of the public hearing for consideration of the proposed amendment, stating when and where a copy of the proposal will be available for public inspection and briefly describing the change proposed, shall be given by the following method:
(a)
By publishing a notice 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 or less than seven days from the date of the hearing.
(b)
By mailing a notice thereof to every resident or association of residents in the township who have registered their names and addresses for this purpose with the Zoning Hearing Board.
(c)
Posting of a similar notice at the township offices.
(d)
If the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Zoning Officer at points deemed sufficient along the perimeter of the tract to notify potentially interested citizens at least one week prior to the date of the hearing.
D.
Conduct of public hearings. The Township Supervisors or an examining officer appointed by the Township Supervisors shall be responsible for the conduct of the public hearing.
(1)
The purpose of the public hearing is to receive relevant facts, data and other material desirable and necessary for a decision on the petition for change.
(2)
The Chairman or Acting Chairman 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.
(3)
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.
(4)
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(5)
The Board or the hearing officer, as the case may be, shall keep a record of the proceedings, either stenographically or by sound recording, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
E.
Final report by Planning Commission.
(1)
Within 30 days following the public hearing, the Planning Commission shall review all material, data, testimony and facts submitted for consideration in the petition for change. The Commission shall make a final report on each bill setting forth in detail reasons wherein public necessity, convenience and general welfare do or do not justify the proposed change and determining that the change is or is not in accord with the general objectives of the Comprehensive Plan and good zoning practices and shall forward its findings and recommendations to the Township Supervisors.
(2)
If the Planning Commission fails to file such a report within the specified time in the specified manner, it shall be presumed that the Planning Commission has approved the proposed amendment, supplement or change. In any event, the recommendation of the Planning Commission shall be regarded as advisory in nature and shall not be binding on the Township Supervisors or other parties to the issue.
F.
Final action by the Township Supervisors.
(1)
The passage of an ordinance amending, supplementing or changing the regulations, district boundaries or classification of property, now or hereafter established by this chapter, shall require the affirmative vote of three members of the Board of Township Supervisors.
(2)
Any ordinance amending, supplementing or changing the regulations, district boundaries or classifications of property hereinafter established by this chapter, if not passed by the Supervisors within 90 days after the required public hearing, shall require a new public hearing as prescribed under Subsection D of this section.
G.
Curative amendments.
(1)
A landowners who desires to challenge on substantive grounds the validity of this chapter or 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 Township Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in Subsection D hereof. The Township Supervisors shall commence a hearing thereon within 60 days of the request. The curative amendment shall be referred to the Planning Commission and the Cambria County Planning Commission. In considering the curative amendments, plans and explanatory material submitted by the petitioner, the Board of Supervisors shall also consider the factors outlined in Section 609.1(c) of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
H.
Fees. Any person other than the Township Supervisors or Planning Commission requesting an amendment of this zoning chapter (including a curative amendment) shall pay a fee as set by resolution by the Township Supervisors at the time the request is filed by the Township Secretary. The fee shall defray the costs of advertising of the aforesaid notice, the cost of stenographic service and any other expenses incurred in connection therewith, as provided by law; provided, however, that the aforesaid costs and expenses do not exceed the amount provided; any difference shall be refunded to the applicant. In the event that the aforesaid costs and expenses exceed the amount set, the applicant shall reimburse the Secretary of the township for such excess.