Stroud Township City Zoning Code
PART 11
ADMINISTRATION AND ENFORCEMENT
§ 27-1101 General Procedure.
[Ord. 1998-5, 7/20/1998, § 11.100]
1.
Persons desiring to undertake any new construction, structural or site alteration, or changes in the use of a building or lot shall apply to the Zoning Officer for a zoning permit by filling out the appropriate application form and by submitting the required fee.
2.
Upon receipt of an application for a zoning permit, the Zoning Officer shall examine the application and supporting information to determine compliance with this chapter and other applicable Township ordinances, statutes and regulations. If required by this chapter, the Zoning Officer shall refer the application to the Zoning Hearing Board or to the Stroud Township Supervisors for their required action. The Zoning Officer shall complete this examination and take action on the permit within 30 days, if no referrals are required. However, if referral to the Board of Supervisors is required action by the Zoning Officer shall take place within 90 days from the date of the application, including all required fees, was filed with the Township.
As part of the examination, the Zoning Officer shall determine if subdivision and/or land development approval and/or stormwater management plan approval has been obtained, adequate sewage disposal provisions have been met, and, in the case of public buildings, the required permits have been issued by the Department of Labor and Industry.
No zoning permit shall be issued unless the landowner presents the Zoning Officer with proof that any applicable subdivision and/or land development approval has been granted and conditions, if any, have been met, a sewage permit has been issued by the Township Sewage Enforcement Officer or required approval has been obtained from the Stroud Township Sewer Authority, a Stroud Township road occupancy permit has been issued in order that access may be gained to the lot, all other required Township approvals and permits have been granted or issued, and building permits have been issued, when applicable.
[Amended by Ord. 1-2014, 8/19/2014]
3.
If refused a permit, the applicant may appeal to the Board for further consideration.
4.
After the zoning permit has been issued, the applicant, may undertake the action permitted by the zoning permit and any other necessary permits.
5.
Upon completion of such action, the applicant shall apply to the Zoning Officer for an occupancy permit, where such a permit is required.
6.
If the Zoning Officer finds that the action of the applicant is in accordance with the zoning and any other required permits, he shall then issue an occupancy permit allowing the premises to be occupied.
§ 27-1102 Zoning Officer.
[Ord. 1998-5, 7/20/1998, § 11.200]
1.
Appointment. The Zoning Officer shall be appointed by the Board of Supervisors and shall not hold any elective office. The officer or staff shall continue to serve the Township until such time as the Board of Supervisors of the Township declares otherwise. The Zoning Officer shall meet any qualifications established by the Township Supervisors and shall be able to demonstrate to their satisfaction a working knowledge of municipal zoning.
2.
Duties and Powers.
A.
The Zoning Officer shall:
(1)
Administer the zoning ordinance in accordance with its literal terms.
(2)
Identify and register nonconforming uses, nonconforming structures and nonconforming lots, together with the reasons why the Zoning Officer identified them as nonconformities.
(3)
Receive and examine all applications required under the terms of this chapter.
(4)
Issue or refuse permits within 30 days of the receipt of the application or where applicable shall refer said application within 10 days to the Board.
(5)
Issue a written notice of violation, or an enforcement notice as provided for in § 616.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10616.1, as amended, to any person, firm, partnership or corporation violating any provisions of this chapter and assist the Board of Supervisors to prepare for any civil enforcement proceedings for enforcement of this chapter.
(6)
Keep records of applications, permits, and certificates issued, of variances granted by the Board, of inspections made, of reports rendered, and of notice or orders issued.
(7)
Make all required inspections and perform all other duties as called for in this chapter.
B.
The Zoning Officer shall not have the power to permit any construction, use or change of use which does not conform to this chapter.
§ 27-1103 Permits and Certificates.
[Ord. 1998-5, 7/20/1998, § 11.300]
1.
Applications to Zoning Officer.
A.
All applications for zoning permits for permitted uses, conditional uses, or special exceptions, for building and occupancy permits, for certificates of nonconforming uses or structures, for variances and for interpretations of any fact or provision of this chapter shall be made directly to the Zoning Officer.
B.
Such applications shall be in writing and shall include a plot plan drawn to scale showing the location and dimensions of the lot area and of the proposed uses of building and/or land. The Zoning Officer or the Zoning Hearing Board may require any additional information including a property line survey with existing and proposed improvements located thereon which is deemed necessary to properly evaluate the application for the purpose of determining its conformity with this chapter.
2.
Appeals to Zoning Hearing Board.
A.
All appeals which allege that the Zoning. Officer has made an error shall be filed directly with the Secretary of the Zoning Hearing Board within 30 days of the Officer's alleged error.
B.
Such appeals shall be in writing and shall explain fully the facts and parties in the case and shall clearly state the reasons or provisions of this chapter on which the appeal is based.
§ 27-1104 Zoning Permits.
[Ord. 1998-5, 7/20/1998, § 11.400; as amended by Ord. 2000-2, 1/10/2000, § 3; and by Ord. 2003-3, 5/5/2003, § 7]
1.
No persons shall erect, alter, or convert any structure sign or building nor alter the use of any land, until the Zoning Officer issues a zoning permit to the person for said change or construction. Zoning permits shall be issued in triplicate. One copy shall be kept conspicuously on the premises, and no person shall perform building operations of any kind unless a zoning permit is being displayed as required by this chapter.
A.
Permitted Uses. A zoning permit for a permitted principal or accessory use may be issued by the Zoning Officer. Any use that qualifies as a land development shall first require approval by the Stroud Township Board of Supervisors before the Zoning Officer may issue a permit.
B.
Special Exceptions. A zoning permit for a special exception may be issued by the Zoning Officer only upon the order of the Board after a hearing following a review by the Planning Commission.
C.
Conditional Uses. A zoning permit for a conditional use may be issued by the Zoning Officer only upon the order of the Board of Supervisors after a hearing following a review by the Planning Commission.
D.
Sign Permits. Every new and existing off-premises sign shall be assigned a permit number by the Township.
If a new sign authorized under any such permit has not been completed within six months from the date of the issuance of such permit, the permit shall become null and void, but may be renewed, within 30 days from the expiration thereof, for good cause shown upon payment of an additional fee established by the Township.
The Township requires existing off-premises sign permits to be renewed every 12 months. Such renewal shall be granted following the receipt of annual renewal fees and reinspection of sign, and may be withheld only upon a determination by the Zoning Officer to the effect that such conditions as may have been prescribed by the Zoning Officer in conjunction with the issuance of the original permit have not been, or are being no longer, complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit.
The reinspection shall be performed on or about the anniversary of the expiration of the permit. At this time the Zoning Officer or his designee will determine if the sign is in conformance with this chapter and is being properly maintained in accordance with requirements established from time to time by resolution of the Township Supervisors. If the sign is not in conformance the Zoning Officer will not issue the annual permit and may remove or order the removal of the sign at the expense of the owner or lessor.
E.
Expiration of Zoning Permit. Unless there has been substantial progress in the work for which a zoning permit was issued, the said permit shall expire one year from the date of its issuance.
F.
Expiration of Use Approval. Any special exception approval or conditional use approval granted after the effective date of this chapter shall be valid for a period of one year from the date of approval. Any special exception approval or conditional use approval granted prior to the effective date of this chapter shall be valid for a period of one year from the date of adoption of this chapter. For the purposes of this section, a special exception approval or conditional use approval is only valid for one year unless the applicant proceeds with land development plan or subdivision approval, obtains a zoning permit for the use, or obtains a certificate of occupancy for the use within the one-year period. Failure to proceed with subdivision or land development approval or to obtain a zoning permit or certificate of occupancy within one year of use approval will require submission of a new application for conditional use or special exception approval.
§ 27-1105 Occupancy Permits.
[Ord. 1998-5, 7/20/1998, § 11.500]
1.
After a zoning permit is issued and before occupancy takes place, an occupancy permit shall be required. The purpose of an occupancy permit is to certify that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit.
A.
Prior to the use or occupancy of any land, building, sign or for any change of use of any existing building or for any change of use of land, an occupancy permit shall be secured from the Zoning Officer.
B.
All requests for occupancy permits shall be in writing on forms to be furnished by the Zoning Officer.
C.
A copy of the occupancy permit shall be kept upon the premises, and shall be produced upon request made by any officer of the Township.
§ 27-1106 Other Permits.
[Ord. 1998-5, 7/20/1998, § 11.600; as amended by Ord. 2004-3, 5/4/2004, § 7; and by Ord. 2006-3, 7/18/2006, § 3]
1.
The Township may require additional permits specified in other related ordinances and laws. All other required permits, including sewage system permits, shall be obtained and submitted to the Township for review prior to the issuance of building or occupancy permits.
A.
Footer Permits. No person shall perform any building operations or construction after the installation of a footer or foundation until obtaining a footer permit as required hereunder. After the construction, erection or pouring of a footer or foundation for any structure or building, the permittee shall notify the Zoning Officer, and if the footer or foundation is clearly located within a distance less than 10 feet from the required setback, a certified survey prepared by a licensed Pennsylvania surveyor or engineer shall be presented to the Zoning Officer showing the as-built location of the footer or foundation with respect to front, side or rear yard or other setback requirements under this chapter. The Zoning Officer shall inspect the footer or foundation, and the survey, if required hereunder, and if the placement of the footer or foundation meets all setback requirements, shall issue a footer permit for the further proposed construction.
§ 27-1107 Certificate of Nonconforming Use or Structure.
[Ord. 1998-5, 7/20/1998, § 11.700]
The owner of the premises occupied by a lawful nonconforming use or structure may apply for a certificate of nonconformance by submitting evidence that the nonconforming use or structure existed on the effective date of this chapter. The application shall provide information as to the type and extent of the nonconformance existing on the effective date of this chapter and information as to the date this nonconformance was installed, constructed or initiated. The Zoning Officer shall examine such evidence and review the application with adjoining property owners and others as may be appropriate and thereafter shall present the evidence and results of the Zoning Officer's examination and review to the Planning Commission at its next regularly scheduled meeting for its recommendations with respect to the application. The Zoning Officer, after due consideration of the evidence, comments of interested parties and recommendation of the Planning Commission shall publicly disclose, at the initial or subsequent Planning Commission meeting, the Zoning Officer's findings and decision with respect to the application. The Zoning Officer may, if the evidence confirms to his satisfaction such preexisting nonconformance use, announce his intent to issue a certificate of nonconformance on the 14th day following the meeting or at the Zoning Officer's discretion, reject the application, in which case the applicant may request the Zoning Hearing Board to conduct a hearing with respect to the application. In the event the Zoning Officer announces his intent to issue such certificate, any interested party may file a written objection within 14 days, in which case the decision of the Zoning Officer shall become null and void; thereafter, the applicant may request the Zoning Hearing Board to conduct a hearing with respect to the application. The certificate of nonconformance shall be for the purpose of certifying to the owner the right to continue such nonconforming use.
§ 27-1108 Zoning Hearing Board.
[Ord. 1998-5, 7/20/1998, § 11.800]
1.
Appointment. A Zoning Hearing Board shall consist of three residents of the Township appointed by resolution by the Board of Supervisors.
Board members shall serve terms of three years, so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other office in the Township. The Board of Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of Subsection 1B, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this act and as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any alternate, may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated unless designated as a voting alternate member pursuant to Subsection 1B.
2.
Vacancies. The Board shall properly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of a term.
3.
Removal. Any Board member may be removed for just cause by a majority vote of the Board of Supervisors, if the member has received 15 days' notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
4.
Organization.
A.
The Board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves.
B.
If, a Board member is absence or disqualified, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
C.
The Board may make, alter, and rescind rules and forms for its procedure, consistent with all applicable municipal ordinances and laws of the commonwealth.
5.
Zoning Hearing Board Administrator. The Supervisors shall appoint a Zoning Hearing Board Administrator who shall maintain all Zoning Hearing Board records, shall schedule all hearings, set meeting agendas, and provide the required notices and posting; and shall perform other duties required to facilitate the operation of the Zoning Hearing Board.
§ 27-1109 Zoning Hearing Board Functions.
[Ord. 1998-5, 7/20/1998, § 11.900]
1.
The Zoning Hearing Board shall be responsible for the following:
A.
Appeals from Zoning Officer Action. 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 valid provision of this chapter or any valid rule or regulation governing the action of the Zoning Officer. Nothing contained herein shall be construed to deny the appellant the right to proceed directly in court, pursuant Pa.R.C.P. 1091, relating to action in mandamus.
B.
Appeals from a Determination by the Municipal Engineer. The Board shall hear and decide appeals from a determination by the Township Engineer with reference to the administration of floodplain or flood hazard provisions and sedimentation and erosion control and Township stormwater management ordinances as they relate to development not involving applications under the Township Subdivision and Land Development Ordinance [Chapter 22] or planned residential development ordinance provisions.
C.
Challenge to the Validity of Any Ordinance or Map. The Board shall hear challenges to the validity of this chapter. 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 the court.
D.
Variances. The Board shall hear requests for variances, which allege that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may grant a variance if all of the following findings, where relevant, are made:
(1)
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.
(2)
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 a variance is therefore necessary to enable the reasonable use of the property.
(3)
Such unnecessary hardship has not been created by the appellant.
(4)
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.
(5)
The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
E.
Special Exceptions. The Board shall hear and decide requests for all special exceptions as provided in this chapter and in accordance with such standards and criteria contained in this chapter. In granting a special exception, the Zoning Hearing 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 and intent of this chapter.
F.
Unified Appeals. Where the Board has jurisdiction over any zoning matter pursuant to this section of this chapter, it shall also hear all appeals which an applicant may elect to bring before it with respect to any Township ordinance or requirements pertaining to the same development plan or development. In such a case, the Board shall have no power to pass upon the non-zoning issues, but shall take evidence and make a record thereon as provided in Subsection 1G. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
G.
Records and Reports. The Board shall keep full public records of its business and shall submit an annual report of its activities to the Board of Supervisors.
H.
Hearings. The Board shall conduct hearings and make decisions in accordance with the following:
(1)
Notice of Hearings. Public notice of all hearings of the Board shall be given, and written notice shall be given to the applicant, the Zoning Officer, the Commission, the Board of Supervisors and such other persons who have made a timely request for such notice, by personally delivering or mailing a copy of the published notice described below. Written notice of the hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
(2)
Parties. The parties to the hearing shall be the 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.
(3)
Oaths and Subpoenas. The Chairman or Acting Chairman of the Board 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.
(4)
Representation by Counsel. 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.
(5)
Evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(6)
Record. The Board or the Hearing Officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. 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 of 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.
(7)
Ex Parte Communications. The Board shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved, except upon notice and opportunity for all parties to participate. The Board shall not take notice of any communication, reports, staff memoranda, or other materials except advice from their Solicitor unless the parties are afforded an opportunity to contest the material so noticed. After the commencement of hearings, the Board shall not inspect the site or its surroundings with any party or his representative, unless all parties are given an opportunity to be present.
(8)
Time Requirements. The Board 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. All conclusions based on any provisions of Act 247, 53 P.S. § 10101 et seq., as amended, or of this chapter shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found. When the Zoning Hearing Board fails to render the decision within the period required by this chapter, or fails to hold the required hearing within 60 days from the date of the applicants request for a hearing, the decisions shall be deemed to have been rendered in favor of this applicant, unless the applicant has agreed in writing or on the record to an extension of time.
(9)
Notice of Decision.
(a)
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 addresses with the Zoning Hearing Board not later than the last day of the hearing, the Zoning Hearing Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place of which the full decision or findings may be examined.
§ 27-1110 Appeals.
[Ord. 1998-5, 7/20/1998, § 11.1000]
1.
In General.
A.
All appeals for securing review of this chapter or any decision, determination or order of the Board of Supervisors, its agencies or officers issued pursuant to this chapter, shall be in conformance with Article 10 of Act 247, 53 P.S. § 11001 et seq., as amended.
B.
All appeals from the Zoning Officer and proceedings to challenge the substantive validity of any ordinance may be filed with the Board in writing by the landowner affected, any office or agency of the Township, or any person aggrieved. Requests for a variance and for special exceptions may be filed with the Board by any landowner or any tenant with the permission of such landowner.
C.
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 Board of Supervisors filed not later than 30 days from the effective date of the ordinance or map.
2.
Information Required. All appeals from a decision of the Zoning Officer and applications to the Board shall be in writing on forms prescribed by the Board. Every appeal or application shall include the following:
A.
The name and address of the applicant, or appellant.
B.
The name and address of the owner of the property to be affected by such proposed change or appeal.
C.
A brief description and location of the property to be affected by such proposed change or appeal.
D.
A statement of the present zoning classification of the property in question, the improvements thereon and the present use thereof.
E.
A statement of the section of this chapter under which the appeal is made and reasons why it should be granted, or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal.
F.
A reasonably accurate description of the additions or changes intended to be made under this application, indicating the size, material and general construction of such proposed improvements. A plot plan of the property to be affected, indicating the location and size of the lot and the size of existing and intended improvements, shall be attached to the description.
3.
The Board shall commence a hearing on any appeal within 60 days of the request, unless the landowner requests a consent to an extension of time.
4.
Expiration of Appeal Decision. Unless otherwise specified by the Board, a decision on any appeal or request for a variance shall expire if the applicant fails to obtain any necessary zoning permit, or comply with the conditions of said authorized permit within one year from the date of authorization thereof.
5.
Appeal from Decision of Board. In the case of an appeal from the Board to the Court of Common Pleas, the Board shall make the return required by law, and shall promptly notify the Solicitor to the municipality of such appeal and furnish him with a copy of the return including the transcript of testimony. Any decision of the Board not appealed within 30 days after notice thereof shall be final.
6.
Stay of Proceedings.
A.
Upon filing any appeal 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.
B.
However, if 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, the development or official action shall not be stayed otherwise than by a restraining order. Such restraining order may be granted by the Board or by a court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body.
C.
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 to hold a hearing to determine if such persons should post a bond as a condition to continuing the proceedings before the Boards.
§ 27-1111 Amendments.
[Ord. 1998-5, 7/20/1998, § 11.1100]
1.
The Township may, on its own motion or by petition, amend, supplement, change, modify, or repeal this chapter.
2.
Amendment Adopted at Time of the Public Hearing. Before voting on the enactment of an amendment, the Board of Supervisors shall submit the amendment to the County Planning Agency at least 30 days prior to a public hearing and then hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
3.
In the case of an amendment other than that prepared by the Township planning agency, the Board of Supervisors shall submit each such amendment to the Township planning agency at least 30 days prior to the hearing on such proposed amendment and permit the agency an opportunity to submit 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 Board of Supervisors shall hold another public hearing, pursuant to public notice before proceeding to vote on the amendment.
5.
Amendment Adopted at a Separate Meeting after Public Hearing. Proposed Zoning Ordinance amendments shall not be enacted unless notice of proposed enactment is given. Public notice of enactment shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Township where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Supervisors shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the Township not more than 60 days not less than seven days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the Township Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
A.
A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.
B.
An attested copy of the proposed ordinance shall be filed in the County Law Library or other county office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
If the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
6.
In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Board of Supervisors shall at least 10 days prior to enactment readvertise, in one newspaper of general circulation in the Township a brief summary setting forth all the provision in reasonable detail together with a summary.
§ 27-1112 Curative Amendments.
[Ord. 1998-5, 7/20/1998, § 11.1200]
A landowner who desires to challenge on substantive grounds the validity of this which prohibits or restricts the use or development of land in which he has an interest, may submit a curative amendment to the governing body with a written request that his challenge and proposed amendment be heard and decided as provided in Act 247, as amended. The Board of Supervisors shall commence a hearing thereon within 60 days of the request unless the landowner requests a consent to an extension of time. The Township may initiate a curative amendment as provided in Pennsylvania Municipalities Code, 53 P.S. § 10101 et seq., as amended.
§ 27-1113 Filing Fees and Costs.
[Ord. 1998-5, 7/20/1998, § 11.1300]
The Board of Supervisors has established by resolution a schedule of fees and a collection procedure relating to all applications filed pertaining to this chapter. No application shall be considered filed until all fees are paid.
§ 27-1114 Enforcement Notices.
[Ord. 1998-5, 7/20/1998, § 11.1400]
1.
If it appears to the Township that a violation of this chapter has occurred, the Township shall initiate enforcement notice. The enforcement notice shall be sent to the owner of record of the parcel on which the violations 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. An enforcement notice shall state at least the:
A.
Name of the owner of record and any other 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.
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.
F.
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.
§ 27-1115 Penalties.
[Ord. 1998-5, 7/20/1998, § 11.1500; as amended by A.O.]
1.
Causes of Action. If 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 Board of Supervisors may, in addition to other remedies, institute in the name of the Township any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.
Any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies may also institute any such appropriate action. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors of the Township. No such action may be maintained until such notice has been given.
2.
Enforcement Remedies.
A.
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 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 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 was a good faith basis for the person, partnership or corporation violating the ordinance 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 fees collected for the violation of zoning ordinances shall be paid over to Stroud Township.
B.
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.
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.
§ 27-1116 Township Supervisors.
[Ord. 1998-5, 7/20/1998, § 11.1600]
1.
Function of Township Supervisors. The Supervisors will be responsible for the following:
A.
To hear and decide all requests for conditional uses after a public hearing and after review and/or receipt of a recommendation from the Planning Commission in accordance with the standards and criteria set forth in this chapter.
B.
To hear and decide all requests for recommendations for amendments submitted to the Township by the Planning Commission or any other applicant for an amendment as set forth herein and as may be provided for in accordance with the requirements of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as reenacted and amended.
All findings and decisions of the Supervisors for conditional uses shall be in writing and shall be rendered within 45 days after the last hearing before the Supervisors. If the Supervisors fail to render such a decision then 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.
The Supervisors shall perform such other duties as may be provided or made necessary by this chapter, or by the Pennsylvania Municipalities Code, 53 P.S. § 10101 et seq., as amended, including the holding of hearings after proper notice and the referral of any pertinent matter to the Planning Commission for review and recommendations. The Supervisors shall keep a full public record and a summary of the facts in cases over which it has jurisdiction and shall maintain adequate records on its findings and decisions.
2.
Notice of Hearings. Notice of all hearings of the Supervisors shall be given to the public, the applicant, the Zoning Officer, the Planning Commission, the Zoning Hearing Board and such other persons who have made a timely request for such notice. Such notice shall be given in accordance with the term "public notice" as defined in Part 2.
In addition, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
3.
Referral to Planning Commission. The Supervisors shall refer to the Planning Commission all applications for conditional uses, and any other applications or appeals which, in the opinion of the Supervisors, require review by the Planning Commission. In its review, the Planning Commission shall, in the case of conditional uses, determine compliance with the standards and criteria set forth in this chapter, and in all cases may report in writing its findings and recommendations to the Supervisors within 14 days.