Whether the applicant is handicapped or disabled within the meaning of the Federal Fair Housing Act Amendments or the Americans with Disabilities Act.

The degree to which the accommodation sought is related to the handicap or disability of the applicant.

A description of hardship, if any, that the applicant will incur absent provisions of the reasonable accommodation requested.

The extent to which the requested accommodation is necessary to afford the applicant an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the dwelling in question.

The extent to which the proposed accommodation may impact other landowners in the immediate vicinity.

The extent to which the proposed accommodation may be consistent with or contrary to the zoning purposes promoted by the 2016 Robinson Township Comprehensive Plan, and the community development objectives set forth in the Robinson Township Zoning Ordinance.

The extent to which the requested accommodation would impose financial and administrative burdens upon Robinson Township.

The extent to which the requested accommodation would impose an undue hardship upon Robinson Township.

The extent to which the accommodation would require a fundamental alteration in the nature of Robinson Township's regulatory policies, objectives and regulations.

The extent to which the requested accommodation would result in a subsidy, privilege, or benefit not available to nonhandicapped or nondisabled persons.

The permanency of the requested accommodation and the conditions under which such accommodation will be removed, terminated or discontinued when they are no longer needed to provide handicapped or disabled persons equal opportunity to use and enjoy the dwelling in question.

The extent to which the requested accommodation will increase the value of the lot during and after its occupancy by applicant.

Erect, reconstruct, move, structurally alter or enlarge any structure or building.

Use or occupy any vacant land.

Change the use of a structure or land to a different use.

Change a nonconforming use.

Establish or operate a temporary use of land or building. (Refer to § 300-18 and § 300-19 of this chapter for procedure for obtaining a zoning approval permit.)

A permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the municipality and authorizing an applicant to commence with said construction, alteration or reconstruction.

Such a permit shall not be confused with a zoning permit or with an occupancy certificate as may be required under the terms of the Chapter. (Refer to § 300-20 of this chapter for procedure for obtaining a building permit.)

Occupy or use any structure for which a building permit was issued.

Change the existing use of a structure or land.

Change a legal nonconforming use to another use.

Establish or operate a temporary use of land or building. (Refer to § 300-21 of this chapter for procedure for obtaining an occupancy permit.)

An application for a zoning approval permit shall contain all of the information listed in § 300-19 of this chapter.

The Zoning Officer shall approve or disapprove applications for zoning approval permits in accordance with the literal terms of this chapter, and no permit shall be issued for any structure or use in violation of any provision of this chapter except where a variance has been properly granted by the Zoning Hearing Board. [See § 300-27I(2).]

If the application requires conditional use approval from the Board of Commissioners or special exception approval from the Zoning Hearing Board, said approvals shall be granted prior to issuance of a zoning approval permit by the Zoning Officer. Applications for conditional uses and special exceptions shall comply with the procedural requirements specified in § 300-95 and § 300-100 of this chapter.

Confirmation from the sewer and water authority (MATR) of sewer and water service or a permit from the Allegheny County Health Department for an on-lot system.

PennDOT highway access permits.

County or Township curb cut permits.

Airport zoning permit or approval.

Pennsylvania Department of Environmental Protection erosion/sedimentation and/or obstruction permits.

Reviews by Allegheny County Soil Conservation District.

Reviews by Allegheny County Planning Department.

Pennsylvania Department of Labor and Industry approved building plans.

Name and address of the applicant and landowner (if other than applicant).

Address of the property and identification of zoning district in which it is located.

Subdivision name and lot number (if applicable).

County lot and block number.

Scale of the drawing (not less than one inch equals 50 feet), North arrow, and a key to all symbols.

The exact dimensions of the property in metes and bounds and feet and total lot area in square feet and acres, signed and sealed by a registered surveyor.

The location, dimensions and height of all existing and proposed structures or uses (including fences, walls, screens, lighting fixtures, signs or other site improvements) and the type and location (distance in feet) of existing structures or uses on all abutting properties.

Distances (in feet) between all existing and proposed structures or uses on the property and from all structures or uses to all property lines.

All existing and proposed easements and/or rights-of-way, showing locations, widths and purposes.

The location, number, size and method of calculation of any required off-street parking spaces (if applicable).

All points of ingress and egress to and from the property (e.g., driveways) along with proposed grades and sight distances.

Applications for an occupancy permit shall be submitted to the Robinson Township Zoning Officer at least 20 days prior to the proposed occupancy or use of the structure or lot.

The application shall be on the form prescribed by Robinson Township, signed by the applicant and landowner (if other than the applicant).

The applicant shall submit evidence of the receipt of final approvals and/or permits required from Robinson Township or government agencies, including but not limited to any of the following as applicable:

The applicant shall pay the required fee for the occupancy permit and any other outstanding fees. (Refer to Figure 4-1 in the Procedural Diagrams, which is included as an attachment to this chapter, for a flowchart illustration of the required procedure for an application for a permitted use.)

Within 10 days following the application for an occupancy permit or notification of completion of the work, the Zoning Officer and/or other Township representatives shall inspect the subject structure or use. If the structure or use complies with all applicable provisions of this chapter and has been completed in accordance with approved plans, the occupancy permit shall be issued.

In the event that the subject structure or use does not comply, the Zoning Officer shall provide the applicant with a written list of the deficiencies and require corrective actions. The Zoning Officer shall reinspect the subject property upon notification that the necessary work has been completed properly.

The name of the owner of record and any other person against whom Robinson Township intends to take action.

The location of the property in violation.

The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.

The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

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.

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.

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by Robinson Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney's fees incurred by Robinson 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, Robinson 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 attorney's fees collected for the violation of this chapter shall be paid over to Robinson Township.

The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

Nothing contained in this subsection shall be construed or interpreted to grant to any person or entity other than Robinson Township the right to commence any action for enforcement pursuant to this subsection.

Public notice, as defined herein, shall be given and written notice shall be sent by regular mail to the applicant, the Board of Commissioners, the Zoning Officer, the Planning Commission and to any person who has made timely request for the same. A hearing notice shall be published at least once, 10 days in advance of the hearing date, in a newspaper of general circulation in Robinson Township. In addition, a copy of the notice shall be posted conspicuously on the subject property.

A public hearing shall be held within 60 days from the date of the applicant's request, unless the applicant agrees, in writing, to an extension of time.

The hearings shall be conducted by the Board, or the Board may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board, but the parties may waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.

The parties to the hearing shall be Robinson Township, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

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.

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.

Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings 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.

The Board or the hearing officer shall not:

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 after the last hearing before the Board or hearing officer. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this chapter or other rule or regulation shall contain a reference to the provision upon which the conclusion relies and the reasons why the conclusion is deemed appropriate in the light of the facts found.

If the hearing is conducted by a hearing officer, and there has been no stipulation that his/her decision or findings are final, the Board shall make his/her 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 the final decision or entry of findings, and the Board's decision shall be entered no later than 45 days after the report of the hearing officer.

Where the Board fails to render the decision within the forty-five-day period or fails to hold the required hearing within 60 days 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 failure of the Board to meet or render a decision, the Board shall give public notice of the decision within 10 days from the last day it could have met to render a decision. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to the Court of Common Pleas.

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 by certified letter not later than the day following its date. The Board shall provide by mail or otherwise brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined to:

Parties to proceedings authorized in this section may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, the applicable review procedures once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.

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. In offering the mediation option, Robinson Township shall assure that, in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:

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.

Substantive challenges to the validity of any land use ordinance, except curative amendments brought before the Board of Commissioners.

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 this chapter.

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.

Appeals from a determination by Robinson 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.

Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance pursuant to Subsection I(2) of this section.

Applications for special exceptions under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to Subsection I(3) of this section.

Appeals from the Zoning Officer's determination under § 916.2 of the Pennsylvania Municipalities Planning Code[1] (Act 247, as amended.)

Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving subdivision and land development or planned residential development.

Challenge to the validity of any ordinance or map. The Board shall hear challenges to the validity of this chapter or map pursuant to the Pennsylvania Municipalities Planning Code. In all such challenges, the Board shall take evidence and make a record thereon as provided herein. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to Court.

Variances.

Special exceptions. Where this chapter authorizes certain uses as special exceptions subject to the approval of the Zoning Hearing Board, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria contained in Article XI of this chapter. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.

Members of the Board may receive compensation for the performance of their duties as may be fixed by the Board of Commissioners, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Commissioners. Within the limits of funds appropriated by the Board of Commissioners, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services.

The Board of Commissioners may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.

Stenographer's appearance fee and transcripts. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.

No person shall file any proceeding before the Zoning Hearing Board later than 30 days after a preliminary or final application for development has been approved by an appropriate Township officer, agency or body, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.

The failure of anyone, other than the landowner, to appeal from an adverse decision on an application for tentative approval of a planned residential development or from an adverse decision by a Zoning Officer on a challenge to the validity of an ordinance or map filed pursuant to § 916.2 of the Pennsylvania Municipalities Planning Code[2] shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.

All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.

Upon filing of any proceeding 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 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 of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.

All appeals from decisions rendered by the Zoning Hearing Board shall be taken to the Allegheny County Court of Common Pleas and shall be filed within 30 days after the entry of the decision or, in the case of a deemed decision, within 30 days after the date upon which notice of said deemed decision is given as required by Subsection F(12) of this section.

Prepare the Comprehensive Plan for the development of Robinson Township and present it to the Board of Commissioners, as set forth in the Municipalities Planning Code.

Maintain and keep on file records of its action. All records and files of the Planning Commission shall be in the possession of the Board of Commissioners.

Annually make a written report of its activities to the Board of Commissioners by March 1 of each year and make interim reports as often as necessary or as requested by the Board of Commissioners.

Make recommendations to the Board of Commissioners concerning the adoption of or amendment of an official map.

Prepare and present to the Board of Commissioners a zoning ordinance and make recommendations on proposed amendments, as set forth in the Municipalities Planning Code.

Prepare, recommend and administer subdivision and land development and planned residential development regulations, as set forth in the Municipalities Planning Code.

Prepare and present to the Board of Commissioners a building code and housing code and make recommendations concerning proposed amendments thereto.

Do such other acts or make such studies as may be necessary to fulfill the duties and obligations imposed by the Municipalities Planning Code.

Prepare and present an environmental study to the Board of Commissioners.

Submit a recommended capital improvements program to the Board of Commissioners.

Prepare and present to the Board of Commissioners a water survey which shall be consistent with the State Water Plan and any applicable water resources plan adopted by a river basin commission. The water survey shall be conducted in consultation with any public water supplier in the area to be surveyed.

Promote public interest in, and understanding of, the Comprehensive Plan and planning.

Make recommendations to governmental, civic and private agencies and individuals as to the effectiveness of the proposals of such agencies and individuals.

Hold public hearings and meetings.

Present testimony before any board.

Require from other departments and agencies of Robinson Township such available information as relates to the work of the Planning Commission.

In the performance of its functions, enter upon any land to make examinations and surveys with the consent of the landowner.

Prepare and present to the Board of Commissioners a study regarding the feasibility and practicability of using renewable energy sources in specific areas within Robinson Township.

Review this chapter, the Subdivision and Land Development Ordinance (Chapter 250), Official Map, provisions for planned residential development and such other ordinances and regulations governing the development of land no less frequently than it reviews the Comprehensive Plan.

A request or resolution of the Board of Commissioners.

An official proposal by the Planning Commission or Zoning Hearing Board.

A petition by an interested landowner, accompanied by the required fee for a zoning amendment request. (Refer to Figure 4-3 in the Procedural Diagrams, which is included as an attachment to this chapter, for a flowchart illustrating the procedure for a zoning amendment.)

Submit the proposed amendment to Robinson Township Planning Commission for review and comment at least 30 days prior to the hearing on such proposed amendment if said amendment was prepared other than by Robinson Township Planning Commission.

Submit the proposed amendment to the County Planning Commission for review and comment 30 days prior to the hearing on such proposed amendment.

In the case where a proposed amendment involves the rezoning of property, a minimum of five public notices shall be posted on and around the perimeter of the affected property for a minimum of seven days prior to the date of the public hearing conducted by the Board of Commissioners.

Upon reviewing the recommendations of the various planning agencies, the Board of Commissioners shall hold a public hearing, pursuant to public notice, on the proposed amendment.

If, after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include land previously not affected by it, the Board of Commissioners shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

Robinson Township may offer a mediation option as an aid in completing proceedings authorized by this section. In exercising such an option, Robinson Township and the mediating parties shall meet the stipulations and follow the procedures set forth in § 300-27G of this chapter.

Within 30 days after enactment, a certified copy of the amendment to this chapter shall be forwarded to the Allegheny County Planning Commission.

A landowner who desires to challenge on substantive grounds the validity of this chapter, 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 Commissioners with a written request that his challenge and proposed amendment be heard and decided as provided in § 916.1 of the MPC. The Board of Commissioners shall commence a hearing thereon within 60 days of the request as provided in § 916.1 of the MPC. The curative amendment and challenge shall be referred to the planning agency or agencies as provided in § 609 of the MPC and notice of the hearing thereon shall be given as provided in § 610 and in § 916.1 of the MPC, or as hereby amended in the MPC.

Referral to planning commissions. The curative amendment and challenge shall be referred to Robinson Township Planning Commission and County Planning Commission for review and comment at least 30 days prior to the public hearing. The Board of Commissioners shall conduct the hearing in accordance with the requirements for conducting a public hearing specified in § 908 of the Pennsylvania Municipalities Planning Code.[1] All references in § 908 to the Zoning Hearing Board shall apply to the Board of Commissioners.

Evaluating merits of curative amendment. If the Board of Commissioners determines that a validity challenge has merit, the Board of Commissioners may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Board of Commissioners shall consider the curative amendment, plans and explanatory material submitted by the landowner and shall also consider:

Declaration of invalidity by the court. If Robinson Township does not accept a landowner's curative amendment brought in accordance with this section and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.

See also § 609.1 of the MPC.

If Robinson Township determines that this chapter or any portion thereof is substantially invalid, then Robinson Township shall declare, by formal action, its zoning ordinance or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal the Board of Commissioners shall:

Within 180 days from the date of the declaration and proposal, Robinson Township shall enact a curative amendment to validate, or reaffirm the validity of, this chapter pursuant to the provisions required by § 609 of the MPC in order to cure the declared invalidity of this chapter.

Upon the initiation of the procedures, the Board of Commissioners shall not be required to entertain or consider any landowner's curative amendment filed under § 609.1 of the MPC, nor shall the Zoning Hearing Board be required to give a report requested under § 909.1 or § 916.1 of the MPC subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection B(1)(a). Upon completion of the procedures as set forth in Subsection B(1) and (2), no rights to a cure pursuant to the provisions of § 609.1 and § 916.1 of the MPC shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended chapter for which there has been a curative amendment pursuant to this section.

If Robinson Township utilizes the procedures as set forth in Subsection B(1) and (2), Robinson Township may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of this chapter, pursuant to Subsection B(2); provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon Robinson Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, Robinson Township may utilize the provisions of this section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.

See also § 609.2 of the MPC.