Stowe Township City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 675-67 Zoning Officer.
A.
Appointment and qualifications. The Zoning Officer shall be appointed by the Township Commissioners. The Zoning Officer shall not hold any elective office in Stowe Township. He shall be able to demonstrate to the satisfaction of the municipality a working knowledge of municipal zoning.
B.
Powers and duties of the Zoning Officer.
(1)
The provisions of this chapter shall be administered and enforced by a Zoning Officer who shall be appointed by the Board of Commissioners. The Zoning Officer shall hold no elective office in the Township. The Zoning Officer shall meet the qualifications established by the Township and shall be able to demonstrate, to the satisfaction of the Township, a working knowledge of municipal zoning.
(2)
In order to administer and enforce properly this chapter, the Zoning Officer shall:
(a)
Receive and review all applications for zoning permits and maintain records thereof.
(b)
Issue zoning permits for construction and occupancy for all applications that comply with the literal terms of this chapter and other applicable ordinances.
(c)
Record and file all applications for zoning permits, with all accompanying plans and documents, at the office of the Township Secretary.
(d)
Make reports relative to any application as the Board of Commissioners directs.
(e)
Receive, file and forward to the Board of Commissioners all applications for conditional uses, maintain records thereof, and issue a zoning permit when authorized by the Board of Commissioners.
(f)
Receive, file and forward to the Zoning Hearing Board the records in all appeals, and all applications for special exception uses, variances and changes of nonconforming uses; maintain records thereof; and issue a zoning permit when authorized by the Zoning Hearing Board.
(g)
Inspect buildings, structures and uses of land to determine compliance with the provisions of this chapter.
(h)
Issue stop and cease and desist orders and issue written correction orders for any condition found to be in violation of this chapter and other applicable ordinances. Such written order shall be delivered personally or by certified mail to the zoning permit applicant and shall state the period of time given to correct the violation.
(i)
Institute, with approval of or at direction of the Board of Commissioners, appropriate legal action to prevent, restrain, abate, or correct any violation of this chapter.
(j)
Revoke any order or zoning permit issued under a mistake of fact or contrary to the provisions of this chapter.
(k)
Make and maintain accurate and current records of all legal nonconformities when supplied by the landowner under this chapter.
(l)
Administer this chapter in accordance with its literal terms.
(m)
To issue enforcement notices pursuant to the Municipalities Planning Code, Section 616.1.[1] An enforcement notice shall be sent to the owner of record of a 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. The enforcement notice shall state at least the following:
[1]
Name of the owner of record and any other person against whom the municipality intends to take action;
[2]
Location of the property in violation;
[3]
Specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter;
[4]
The date before which compliance must be commenced and the date before which steps must be completed;
[5]
That the recipient of the notice has a right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with the procedures set forth in this chapter; and
[6]
That the failure to comply with the notice within the time specified, unless extended by an appeal to the Zoning Hearing Board, constitutes a violation with possible sanctions.
[1]
Editor's Note: See 53 P.S. § 10616.1.
§ 675-68 Required zoning permits.
A.
When required.
(1)
No land use may be established or changed; no structure or building may be erected, constructed, reconstructed, structurally altered, razed or removed; and no building or structure may be used or occupied or the use changed until a zoning certificate has been obtained from the Zoning Officer.
(2)
In the instances where a building permit is required and applied for, a zoning certificate shall be prerequisite to the building permit. In those instances where no building permit is required, an application for a certificate of occupancy for a new or changed use of land or structure shall include an application for a zoning certificate.
(3)
In the case of a conditional use or use by special exception, the Zoning Officer shall refer the application to the Planning Commission and Board of Commissioners or to the Zoning Hearing Board, whichever is applicable, for a decision granting zoning approval prior to issuing a zoning certificate. Whenever the approval of a conditional use or use by special exception includes conditions attached to the approval, said conditions shall be incorporated into the zoning certificate.
(4)
In the case of a permitted use, the Zoning Officer shall not issue the zoning certificate unless and until all applicable regulations of this chapter have been met and, in the case of a use for which land development plan approval is required by Chapter 615, Subdivision and Land Development, the zoning certificate shall not be issued unless and until final approval of the land development plan has been granted by the Board of Commissioners. Whenever final approval of a land development plan is subject to conditions, those conditions shall be incorporated into the zoning certificate.
B.
Application for zoning certificate. All applications for zoning certificates shall be made in writing by the owner or his authorized agent on a form furnished by the Township and shall include a statement of the intended use of the building and a property survey both prepared in duplicate and drawn to scale, and copies of all required county, state and/or federal permits as approved by the appropriate agency and shall include the following information, at a minimum:
(1)
All applications for a zoning certificate shall be accompanied by two copies of a property survey, drawn to scale, showing key location map; graphic scale; North arrow; closest intersecting public street; exact dimensions and total acreage of the lot(s) or parcel; zoning of lots and zoning of all abutting properties; exact location and exterior dimensions of the existing and proposed building(s) or other structure(s); exact location and area of all existing and proposed watercourses; drainageways; rights-of-way and easements; exact location of existing and proposed driveways, streets and roads within, adjacent and opposite to the lot(s) or parcel; exact location of existing and proposed off-street parking, loading and pedestrian movement facilities; exact dimensions of front, side and rear yards for all principal and accessory uses; and any other additional data as may be deemed necessary and may be requested by the Zoning Officer to determine compliance with this chapter.
(2)
The Zoning Officer may require an applicant to furnish a survey of the property by a Pennsylvania registered land surveyor when complete and accurate information is not readily available from existing records.
(3)
The Zoning Officer may require additional data to determine compliance with this chapter.
(a)
It shall be the duty of the Zoning Officer to review the application to determine if all necessary information has been submitted and request more information of the applicant or officially receive the application for review by the appropriate Township agencies.
C.
Zoning certificate. Upon approval of the application for a zoning certificate, one copy of the approved zoning certificate shall be returned to the applicant. One copy of such zoning certificate shall be kept on file in the Township office.
D.
Denial of zoning certificate. In the event of a denial, the Zoning Officer shall state, in writing, the reason(s) for such denial, including the citation of the specific section(s) of this or other pertinent chapters that have not been met.
E.
Inspection. The Zoning Officer, or his duly appointed representative, may make inspections on the property for which an application for a zoning certificate has been submitted or issued.
F.
Failure to obtain zoning certificate. Failure to obtain a zoning certificate shall be a violation of this chapter and shall be subject to the enforcement remedies of this chapter.
G.
Building permit requirements. When a building permit is required under the requirements of the Township Building Code, a zoning certificate shall be prerequisite to obtaining a building permit.
§ 675-69 Certificate of occupancy.
A.
When required. A certificate of occupancy indicating compliance with the provisions of this chapter shall be required prior to:
(1)
Occupancy of any structure following completion of construction, reconstruction or enlargement of the structure governed by an approved building permit.
(2)
A change in the use of an existing building, structure, water body or land area except for the same uses operated by a different owner.
(3)
A change of a nonconforming use, building or structure authorized by the Zoning Hearing Board.
B.
Application for permit when required. All requests for a certificate of occupancy shall be made in writing on a form furnished by the Township, completed by the owner or other authorized agent and shall include a statement of the type of proposed use intended for the building, land or water body.
(1)
A certificate of occupancy for a change of use in an existing building shall be applied for and shall be issued before the new use is established.
(2)
It shall be the duty of the Zoning Officer to review the application to determine if all necessary information has been submitted, to request more information of the applicant or officially receive the application.
C.
Issuance of certificate of occupancy. Applications for a certificate of occupancy shall be reviewed by the Zoning Officer. The Zoning Officer shall issue the findings or approval of the application.
(1)
Upon approval of the request for a certificate of occupancy, one copy of the certificate of occupancy shall be given to the applicant and one copy of the certificate of occupancy shall be kept on file in the Township Office.
D.
Denial of certificate of occupancy. In the event of denial, the Zoning Officer shall forward to the applicant a written statement containing the reason(s) for such denial and shall cite the specific requirements of this chapter that have not been met.
E.
Time limitations. A certificate of occupancy shall remain valid for as long as the structure or building is used in the manner the certificate of occupancy has been issued for.
F.
Temporary certificate of occupancy. A temporary certificate of occupancy may be issued by the Zoning Officer for a period not exceeding six months to permit partial occupancy of a building while work is being completed, provided such temporary certificate of occupancy may require such conditions and safeguards as may be warranted, including posting of surety, to protect the health and safety of the occupants and the public and guarantee compliance with the provisions of this chapter or any conditions attached to the zoning certificate.
G.
Failure to obtain a certificate of occupancy. Failure to obtain a certificate of occupancy shall be a violation of this chapter and shall be subject to enforcement remedies as provided in this chapter.
§ 675-70 Temporary use permits.
A temporary use permit shall be required prior to the initiation of an authorized temporary use or structure, land or water body and shall meet the following requirements:
A.
Approvals required.
(1)
Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining approval of a use by special exception from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of §§ 675-58 through 675-64 as a condition precedent to obtaining the temporary use permit under this section.
(2)
Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail business with the permission of the landowner for a period of not more than 72 consecutive hours shall be exempt from obtaining a temporary use permit. Any such activity which exceeds 72 consecutive hours in duration shall be subject to approval by the Zoning Officer or a temporary use permit under this section, provided the Zoning Officer also determines compliance with all applicable standards of §§ 675-58 through 675-64.
B.
Application for temporary use permit. All requests for temporary use permits shall be made in writing on a form furnished by the Township and shall include a full description of the type of use for which such permit is being sought and the dates during which this use shall be in existence.
(1)
It shall be the duty of the Zoning Officer to review the application for compliance, request more information of the applicant or officially receive the application.
C.
Issuance of temporary use permit. Applications for a temporary use permit shall be reviewed by the Zoning Officer. The Zoning Officer shall issue approval or denial of the temporary use permit.
(1)
Upon approval of the request for a temporary use permit, one copy of the permit shall be given to the applicant. The copy of the permit must be publicly displayed at the site of the temporary use during the existence of the use. One copy of the permit shall be kept on file in the Township office.
D.
Denial of temporary use permit. In the event of denial, the Zoning Officer shall forward to the applicant a written statement containing the reason(s) for such denial and shall cite the specific requirements of this chapter that have not been met.
F.
Inspections.
(1)
The Zoning Officer, or his fully appointed representative, may make an inspection of the property on which such temporary use is to be located to determine the suitability of the site for the use. This inspection shall be made prior to issuing a permit, prior to the initiation of the use or in the event a renewal of the permit is requested during the time the use is in existence.
(2)
In the event of such inspection, a record shall be made indicating the time and date of inspection; the findings of the Zoning Officer in regard to the conformance with this chapter and other Township ordinances; and the opinion of the Zoning Officer in regard to the suitability of the site for this use.
G.
Failure to obtain a temporary use permit. Failure to obtain a temporary use permit shall be a violation of this chapter and shall be subject to enforcement remedies as provided in this chapter.
§ 675-71 Schedule of fees.
The Board of Commissioners shall establish, from time to time, fees and charges for all permits and applications required by this chapter. This schedule, along with an explanation of the collection procedure, shall be posted in the offices of the Township Secretary. The filing fee paid by a party to an appeal of an enforcement notice to the Zoning Hearing Board shall be returned to the appealing party by the municipality if the Zoning Hearing Board or any court in a subsequent appeal rules in the appealing party's favor. All fees and charges shall be adopted by resolution of the Board of Commissioners at any regular or special meeting.
§ 675-72 Zoning Hearing Board.
A.
Membership of the Board. The membership of the Zoning Hearing Board shall consist of three residents of the Township, appointed by the Board of Commissioners. 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 Board of Commissioners when vacancies occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other elected or appointed office in the Township, nor shall any member be an employee of the Township. The membership of the Zoning Hearing Board may be increased to five members in accordance with the provisions of Section 903(a) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10903(a).
B.
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 Board of Commissioners, taken after the member has received 15 days' advance notice of the intent to take such a vote. A public hearing shall be held prior to the vote if the member shall request it in writing.
C.
Organization of the Board. The Board shall elect its officers from its own membership, who shall serve annual terms and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be a majority of all the members of the Board. The Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and parties may waive further action by the Board as provided below. The Board may make, alter and rescind rules and forms for its procedure consistent with the ordinances of the Township and laws of the commonwealth. The Board shall keep full public records of its business and submit an annual report of its activities to the Board of Commissioners.
D.
Expenditures for services. Within the limits of funds appropriated by the Board of Commissioners, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by the Board of Commissioners.
§ 675-73 Hearings.
A.
The Board shall conduct hearings and make decisions in accordance with the following requirements: public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, and such other persons as the governing body shall designate by ordinance and to any person who has made timely request for the same. Written notices shall be given at such time and such manner as shall be described by ordinance or, in the absence of an ordinance provisions, by the rules of the Board. In addition to written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to hearing.
B.
The first hearing before the Board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed, in writing, to an extension of time. Each subsequent hearing before the Board or hearing officer 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 his 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 his 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. 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.
C.
The governing body 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 advertisement costs and necessary administrative overhead connected with the hearing. The cost, however, shall not include legal expenses, the Zoning Hearing Board expenses for engineering, architectural or other technical consultants or expert witness costs. 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 appellant or applicant and the municipality may waive the decision or findings by the Board and accept the decision or findings of the hearing officer as final. The hearings shall be conducted by the Board or the Board may appoint any member or an independent attorney as a hearing officer.
D.
Parties to the hearing shall be the municipality, any person who is 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 the 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.
E.
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 documents requested by the parties.
F.
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.
G.
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
H.
The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee of the 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. 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 shall bear the cost thereof.
I.
The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his/her representatives in connection with any issue involved except upon notice and opportunity for all parties to participate; not take any notice of any communication, reports, staff memoranda or other materials, unless the parties are afforded an opportunity to contest the material so noticed; and not inspect the site or its surroundings after the commencement of hearings with any party or his representative, unless all parties are given an opportunity to be present.
J.
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 of the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of the MPC or any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Board shall make his 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 30 days after the report of the hearing officer. Except for challenges filed under the Municipalities Planning Code, Section 916.1,[1] where the Board fails to render a decision within the period required or fails to commence, conduct or complete the required hearing, the decision shall be deemed to be rendered in favor of the applicant, unless the applicant has agreed, in writing on the record or on the record, to an extension of time. When the decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as herein above 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 according to §675-77A(2) of this chapter. If the Board shall fail to provide such notice, nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
[1]
Editor's Note: See 53 P.S. § 10916.1.
K.
While the governing body fails to render the decision within the period required by this section or fails to commence, conduct or complete the required hearing as provided in § 675-73J, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on the record, to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the governing body to meet or render a decision as hereinabove provided, the governing body shall give public notice requirements of this act. If the governing body shall fail to provide such notice, the applicant may do so.
L.
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 mail not later than the day following its date. The Board shall provide, by mail or otherwise, a brief notice of the decision or findings and a statement of the place at which the full decision or all findings may be examined to all persons who filed their names and address with the Board not later than the last day of the hearing; the Zoning Officer; the Township Secretary; the Chairman of the Board of Commissioners; and the Chairman of the Planning Commission.
§ 675-74 Functions of Board.
A.
Appeals from the 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 the valid chapter or Map or any valid rule or regulation governing the action of the Zoning Officer. Nothing contained herein shall be construed to deny the right to proceed directly in court, where appropriate.
B.
Challenges to validity of the ordinance or map.
(1)
The Board shall hear challenges to the validity of this chapter or the Zoning Map,[1] with two exceptions:
(a)
Questions of an alleged defect in the process of enactment or adoption of this chapter or Map shall be raised by an appeal taken directly to the court.
(b)
Where a landowner, on substantive grounds, submits a challenge on the validity of this chapter or Map or any provisions thereof which restricts or prohibits the use or development of the owner's land, accompanied with a request for a curative amendment; the challenge shall go directly to the Board of Commissioners.
[1]
Editor's Note: The Official Zoning Map is available via the Township website.
(2)
In all challenges, the Zoning Hearing Board shall take evidence and shall make a record thereon. 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.
C.
Variances. In accordance with the provisions of this subsection and the Pennsylvania Municipalities Planning Code,[2] the Board shall hear request for variances where it alleges that strict application of the provisions of this chapter inflict unnecessary hardship upon the applicant.
(1)
Applicability. Variances from the regulations of this chapter shall be granted by the Board only in accordance with the standards described below:
(a)
To vary the applicable lot area, lot width, and lot depth requirements, subject to the following limitations:
[1]
The minimum lot width and lot depth requirements shall not be reduced more than 20%.
[2]
The minimum lot area for a single-family or two-family dwelling shall not be reduced more than 20%.
[3]
The minimum lot-area-per-dwelling-unit requirements for multifamily dwellings shall not be reduced so as to permit more than three dwelling units in addition to the number that would be permitted by strict application of the minimum lot area requirements.
(b)
To vary the applicable bulk regulations, including maximum height, lot coverage and minimum yard requirements.
(c)
To vary the applicable off-street parking and off-street loading requirements contained in Article IV of this chapter.
(d)
To vary the regulations relating to restoration of damaged or destroyed nonconforming structures contained in Article VI of this chapter.
(e)
To vary the use where, by virtue of this chapter and Zoning Map, the property experiences an unnecessary hardship.
(2)
Standards. The Board may grant a variance, provided all the following findings are made where relevant in a given case:
(a)
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 generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
(b)
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 the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c)
That such unnecessary hardship had not been created by the appellant.
(d)
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 or development of adjacent property nor be detrimental to the public welfare.
(e)
That the variance, if authorized, will represent the minimum variance which will afford relief and represent the least modification possible of the regulation in issue.
(3)
Procedure.
(a)
Application may be filed upon appeal from a determination of the Zoning Officer or before applying for a zoning permit. Application for a variance shall be made on the prescribed form obtained from the Zoning Officer. The Zoning Officer shall forward the application to the Board, which shall determine a time and place of the hearing.
(b)
The Board may request the review and comments of the Planning Commission on any variance application, which shall be made part of the public record. The Board may attach to any variance such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
(4)
Expiration. Unless otherwise specified by the Zoning Hearing Board or the Planning Code, a variance approved by the Board shall expire if the applicant fails to obtain a zoning permit within six months of the date of the authorization of the variance or fails to complete more than 60% of the work within one year from the date of issuance of the zoning permit.
(5)
Special exceptions. Where this chapter states that special expectations may be granted or denied by the Board, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria as specified in this chapter. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter and the Municipalities Planning Code, as it may deem necessary to implement the purpose of this chapter.
(6)
Changes of nonconforming uses. In accordance with Article VI of this chapter, the Zoning Hearing Board shall hear requests for a change of one nonconforming use to another nonconforming use. Before approving an application, the Board shall determine that:
(a)
The proposed use is within the same type of use category as the original nonconforming use, i.e., one personal service business to another.
(b)
The proposed use will not be any more objectionable than the original nonconforming use in terms of traffic generation and requirements for off-street parking and loading; outdoor storage of wastes, materials, supplies and equipment; and height, area and volume of all structures.
(7)
Parties appellant before the Board. Appeals under the Municipalities Planning Code, Section 909.1(a)(1), (2), (3), (4), (7), (8) and (9),[3] may be filed with the Board, in writing, by the landowner affected, any officer or agency of the municipality, or any person aggrieved. Requests for a variance under the Municipalities Planning Code Section 910.2[4] and for special exception under the Municipalities Planning Code, Section 912.1,[5] may be filed with the Board by any landowner or any tenant with the permission of the landowner.
(8)
Time limitations.
(a)
No person shall be allowed to file any proceeding with the Board later than 30 days after an 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, 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.
(b)
The failure of anyone, other than the landowner, to appeal from an adverse decision from a Zoning Officer on a challenge to the validity of an ordinance or Map shall preclude an appeal.
(9)
Stay of proceedings.
(a)
Upon filing of any proceeding referred to in this section and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or 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 this case, the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body.
(b)
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 Allegheny County Court of Common Pleas to order such persons to post bond as a condition to continuing the proceedings before the Board. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous and is for the purpose of delay. At the hearing, evidence may be presented on the merits of the case. After consideration of all evidence presented, if the court determines that the appeal is frivolous and is for the purpose of delay, it shall grant the petition. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court. 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.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 675-75 Appeals to court.
§ 675-76 Planning Commission.
B.
Under the terms of this chapter, the Planning Commission shall perform the following duties:
(1)
Prepare an annual report to the Board of Commissioners outlining any substantive or administrative problems that have been identified in this chapter, along with recommended changes to correct the problems, and any recommended changes in this chapter to reflect changes in development conditions, land uses, population, public services and facilities or similar conditions.
(3)
Review and make recommendations to the Board of Commissioners on conditional use applications.
(4)
Review and make recommendations to the Zoning Hearing Board on applications for variances or special exceptions, upon request by the Zoning Hearing Board.
(5)
Provide technical and consultative assistance to other Township boards, commissions and officials in exercise of their duties relating to this chapter.
(6)
Maintain accurate and current records of all actions taken in relation to the provisions of this chapter.
§ 675-77 Amendments to zoning provisions or Map.
A.
Procedure. The following procedures shall apply:
(2)
Notice of the hearing shall be published once each week for two consecutive weeks in a newspaper of general circulation; the first publication shall not be more than 30 days or less than 14 days prior to the hearing date. The notice shall include full text of the amendment or a brief summary and a reference to a place in the Township where a copy of the proposed amendment may be examined.
(3)
In the case of an amendment other than that prepared by the Planning Commission, the Board of Commissioners shall submit each such amendment to the Commission at least 30 days prior to the hearing on such proposed amendment to provide the Commission an opportunity to submit recommendations. In addition, at least 30 days prior to the hearing on the amendment, the Township shall submit it to the Allegheny County Department of Economic Development for its review and recommendations.
(4)
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 governing body shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
B.
Curative amendments by landowners. Any landowner who wishes to challenge, on substantive grounds, the validity of this chapter or the Zoning Map or any provision thereof which prohibits or restricts the use or development of land in which he/she has an interest may prepare and submit a curative amendment to the Board of Commissioners, in the form he/she proposes it be adopted, together with a written request that his/her challenge and proposed amendment be heard and decided in accordance with the requirements of the MPC.[2] The Board of Commissioners shall hold a public hearing, pursuant to public notice, on the matter within 60 days of receiving an administratively complete curative amendment request. Public notice of the public hearing shall be given by the Township in accordance with the requirements of the MPC. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC. The Board of Commissioners shall comply with all applicable requirements of the MPC regarding the conduct of hearings and decisions related thereto.
(1)
Referral to Planning Commission. The curative amendment and challenge shall be referred to the Planning Commission and the Allegheny County planning agency or its designee at least 30 days prior to the public hearing for review and comment.
(2)
Declaration of invalidity by the court. If the 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.
(3)
Evaluation of merits of curative amendment. If the Board of Commissioners determines that a validity challenge has merit, then 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 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, and school 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 this chapter or the Zoning Map.
(c)
The suitability of the lot's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features for the intensity of the proposed uses.
(d)
The impact of the proposed use on the lot's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.
(e)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to the public's health, safety and welfare.
[2]
Editor's Note: The Municipalities Planning Code; see 53 P.S. § 10101 et seq.
§ 675-78 Enforcement; violations and penalties.
A.
Civil enforcement proceedings.
(1)
Except where a different penalty is provided, 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 therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Borough 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 appeals the judgment in a timely manner, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge, determining that there has been a violation, further determines that there was a good-faith basis for the person, partnership or corporation violating this chapter to have believed that there was not such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date for 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 fees collected for the violation of this chapter shall be paid over to the Township.
(2)
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.
(3)
Enforcement notice. The requisite enforcement notice, initiating a civil enforcement proceeding, shall contain the following information, in addition to any other information required by the MPC:[1]
(a)
The name of the owner of record and any other such person against whom the Township intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
(d)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(e)
That the recipient of the notice has a right to appeal to the Board within 10 days of receipt of the enforcement notice pursuant to the procedures set forth in this chapter.
(f)
That failure to comply with the notice within the time specified, unless extended by appeal to the Board, constitutes a violation with possible sanctions clearly described.
[1]
Editor's Note: The Municipalities Planning Code; see 53 P.S. § 10101 et seq.
B.
Equitable enforcement proceedings. In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Zoning Officer and/or the Township Solicitor, with the approval of the Board of Commissioners, may institute in the name of the Township any appropriate equitable action or proceeding to prevent, restrain, correct or abate such buildings, structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. These remedies shall be in addition to any other remedies provided by law.
C.
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.