Silverdale City Zoning Code
ARTICLE XII
Appeals; Amendments; Remedies; Penalties
§ 340-114 Appeals and jurisdiction.
The following types of appeals are set forth in the Pennsylvania Municipalities Planning Code,[1] and each has its own procedures as noted:
Type of Appeal | Agency of Jurisdiction | Reference |
|---|---|---|
Validity of ordinance procedural questions | Bucks County Court of Common Pleas | § 340-115 |
Validity of ordinance substantive questions; landowner appeals | Zoning Hearing Board or Borough Council | § 340-116 |
Validity of ordinance substantive questions; persons aggrieved | Zoning Hearing Board | § 340-117 |
Appeal of decisions or orders; no validity question involved | Zoning Hearing Board | § 340-118 |
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 340-115 Validity of ordinance: procedural questions.
Questions of an alleged defect in the process of enactment or adoption of any ordinance or map shall be raised by an appeal taken directly from the action of the governing body to the Bucks County Court of Common Pleas not later than 30 days from the effective date of the ordinance or map.
§ 340-116 Validity of ordinance: substantive questions; landowner appeals.
A.
Submission.
(1)
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 he has an interest shall submit the challenge either:
B.
The submissions referred to in Subsection A(1)(a) and (b) above shall be governed by the following (all references to the Board shall mean the Zoning Hearing Board or the governing body, depending on the type of appeal):
(1)
The landowner shall make a written request to the Board that it hold a hearing on his challenge. The request shall contain a short statement reasonably informing the Board of the matters that are in issue and the grounds for the challenge.
(2)
The request may be submitted at any time after the ordinance or map takes effect; but if an application for a permit or approval is denied thereunder, the request shall be made not later than the time provided for appeal from the denial thereof. In such case, if the landowner elects to make the request to the Borough Council and the request is timely, the time within which he may seek review of the denial of the permit or approval on other issues shall not begin to run until the request to the Borough Council is finally disposed of.
(3)
The request shall be accompanied by plans and other 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 and 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 contained herein shall preclude the landowner from first seeking a final permit or approval before submitting his challenge to the Board.
(4)
If the submission is made to the Borough Council, the request shall be accompanied by an amendment to the ordinance proposed by the landowner to cure the alleged defects therein.
(5)
Notice of the hearing request by Subsection B(1) above shall include notice that the validity of the ordinance or map is in question and shall give the place where and the times when a copy of the landowner's request, including the plans submitted pursuant to Subsection B(3) and the proposed amendments, if any, submitted under Subsection B(4), may be examined by the public.
(6)
The Borough Council shall hold a hearing upon the landowner's request, commencing not later than 60 days after the request is filed, unless the landowner requests or consents, in writing, to an extension of time.
C.
Hearings pursuant to Subsection A(1)(b) or B(1) above shall be held by the Zoning Hearing Board or the Borough Council, as the case may be. The Board or Council shall conduct hearings and make decisions in accordance with the following requirements:
(1)
The parties to the hearing shall be the Borough, 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 may require that all persons who wish to be considered parties enter appearances in writing on forms provided for that purposes.
(2)
The Chairperson or Acting Chairperson of the Board shall have the 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 to 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 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.
(6)
The Board shall not communicate, directly or indirectly, with any party or his representative in connection with any issue involved except upon notice and where all parties have opportunity to participate. The Board shall not take notice of any communication, report, 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 after the commencement of hearings with any party unless all parties are given an opportunity to be present.
(7)
The Board shall render a written decision or render its findings on the application within 45 days after the last hearing before the Board or hearing officer. Conclusions based on the provisions of any act of the commonwealth, or ordinance, rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. Where the Board fails to render its decision within 45 days, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing, to an extension of time.
(8)
A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board prior to the close of the hearings, the Board shall mail a brief notice of the decision or findings and a notice of the place where they may examine the full decision or findings.
D.
After submitting his challenge to the Board or Borough Council as provided in Subsection A(1)(a) and (b) of this section, the landowner may appeal to the court by filing same within 30 days after notice of the report of the Zoning Hearing Board is issued or after the governing body has denied the landowner's request for a curative amendment. Failure to appeal the denial of a request for a curative amendment under Subsection A(1)(b) shall not preclude the landowner from thereafter presenting the same validity questions by commencing a proceeding as provided in Subsection A(1)(a) of this section.
E.
For purposes of Subsection D, the landowner's request for a curative amendment is denied when the Borough Council notifies the landowner that it will not adopt the amendment, or the Borough Council adopts another amendment which is unacceptable to the landowner, or the Borough Council fails to act on the landowner's request, in which event the denial is deemed to have occurred on the 45th day after the close of the last hearing on the request, unless the time is extended by mutual consent between the landowner and the Borough.
§ 340-117 Validity of ordinance: substantive questions; appeals by persons aggrieved.
Persons aggrieved by a use or development permitted on the land of another, by an ordinance or map or any provision thereof, who desire to challenge its validity on substantive grounds shall submit their challenge to the Zoning Hearing Board as a "challenge to the validity of an ordinance or map," § 340-101 of this chapter. The submission shall be governed by the following:
A.
A written request shall be submitted to the Board that it hold a hearing on the challenge. The request shall contain a short statement reasonably informing the Board of the matters in issue and the grounds for the challenge.
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 municipal officer agency, or body, if such proceeding is designed to secure reversal or to limit the approval in any manner.
D.
After submitting his challenge to the Board as provided in this section, any party aggrieved may take the same to the Bucks County Court of Common Pleas by appeal filed not later than 30 days after notice of the report of the Board is issued.
§ 340-118 Applications, decisions and orders not involving validity of an ordinance; landowner appeals.
A.
A landowner who desires to file a zoning application or to secure review or correction of a decision or order of the governing body or of any office or agency of the Municipality which prohibits or restricts the use or development of land in which he has an interest, on the grounds that such decision or other is not authorized by or is contrary to the provisions of an ordinance or map, shall proceed as follows:
(1)
From a decision of the governing body or planning agency under Chapter 290, Subdivision and Land Development, the landowner may appeal directly to the court.
(2)
To the extent that the Board has jurisdiction of the same under § 340-98 (interpretation of Zoning Officer's decisions), all other appeals shall lie exclusively to the Zoning Hearing Board.
(3)
Applications for variances or special exceptions shall be made exclusively to the Zoning Hearing Board.
B.
All appeals to the Zoning Hearing Board pursuant to this section shall be filed within 30 days after notice of the decision is issued or, if no decision is made, within 30 days after it is deemed to have been made under the provisions of this chapter and the Municipalities Planning Code, Act 247 of 1968.[1]
[1]
Editor's Note: See 53 P.S.§ 10101 et seq.
§ 340-119 Decisions and orders not involving validity of an ordinance; appeals by persons aggrieved.
Application shall be made directly to the Zoning Hearing Board under the provisions of § 340-118 where such action involves a question of the Zoning Officer's decision or an action by the governing body, Planning Commission or other Borough official.
§ 340-120 Power of amendment.
The Borough Council may, from time to time, amend supplement, change, modify or repeal this chapter, including the Zoning Map. When doing so, the Council shall proceed in the manner prescribed in this article.
§ 340-121 Who may initiate.
Proposals for amendment, supplement, change, modification, or repeal may be initiated by the Borough Council on its own motion, by the Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment, subject to the following provisions:
A.
Proposals originated by the governing body. The governing body shall refer every proposed amendment, supplement, change, modification, or repeal originated by the Board to the Planning Commission . Within 30 days of the submission of said proposal, the Planning Commission shall submit to the Borough Council a report containing the Commission's recommendation, including any additions or modifications to the original proposal.
B.
Proposals originated by the Planning Commission. The Planning Commission may at any time transmit to the Borough Council any proposal for the amendment, supplement, change, modification, or repeal of this chapter.
C.
Proposals originated by a citizen's petition. Each petition by one or more owners of property to be affected by a proposal for amendment, supplement, change or modification shall be signed and acknowledged and submitted, in writing, to the Secretary of the Borough Council. On receipt of said petition, the governing body shall transmit a copy of the petition to the Planning Commission.
§ 340-122 Notice of hearings.
No such amendment, supplement, change, modification, or repealer shall become effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. Public notice of each hearing to consider amendments shall be made in accordance with the provisions of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 340-123 Jurisdiction.
Unless otherwise provided by law or in this chapter, no building or structure shall be erected, constructed, reconstructed, altered, razed or removed, and no building structure or land shall be used or occupied, except for the purposes permitted herein.
§ 340-124 Remedies.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of this chapter, the Borough Council or the Zoning Officer, with the approval of the governing body, may institute in the name of the Municipality 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 occupancy of said building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such premises. The rights and remedies provided in this chapter are cumulative and are in addition to all other remedies provided by law.
§ 340-125 Violations and penalties.
A.
In addition to the right of the Borough to enforce a zoning ordinance by an action in equity in the Court of Common Pleas of Bucks County and any other rights the Borough may have at law, for any and every violation of the provisions of this chapter, the owner, general agent, or contractor of a building or premises where such a violation has been committed or shall exist; the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violations have been committed or shall exist; and/or the general agent, architect, builder, contractor, or any person who knowingly commits, takes part, or assists in any such violation or who maintains any buildings or premises in which any such violation shall exist shall be liable therefor in a civil enforcement proceeding commenced by a Borough, for a judgment of not less nor more than $500, plus all court costs, including reasonable attorneys' fees incurred as a result of the prosecution. Each day that a violation continues shall constitute a separate violation.
B.
Such judgment shall be entered after suit before any Magisterial District Judge.
C.
Enforcement proceedings against violations of this chapter shall be commenced by sending an enforcement notice as provided in this section.
(1)
The enforcement notice shall be sent to the owner of record 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.
(2)
An enforcement notice shall state the following:
(a)
The name of the owner of record and any other person against whom the Borough intends to take action.
(b)
The location of the property in violation, including the Tax Map parcel number.
(c)
The specific violation, with a description of the requirements which have not been met, citing in each instance the applicable provisions of the chapter.
(d)
That the violator must commence steps to come into compliance within five days of the date of the notice and must be in compliance within 30 days of the date of the notice.
(e)
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days.
(f)
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 described.