A.
The provisions of this chapter shall be administered and enforced
by a Zoning Officer, who shall be appointed by the Board of Supervisors.
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.
B.
The Zoning Officer shall have all the powers and duties conferred
upon him by this chapter and the Pennsylvania Municipalities Planning
Code. The Zoning Officer's duties shall include the following:
(1)
Receive and examine all applications for zoning certificates
and certificates of zoning compliance;
(2)
Notify applicants of any deficiencies in applications and request
additional information;
(3)
Process applications for zoning certificates and certificates
of zoning compliance for all permitted uses;
(4)
Receive applications for uses by special exception and variances
and forward these applications to the Zoning Hearing Board for action
prior to considering issuance of zoning certificates or certificates
of zoning compliance for the proposed use;
(5)
Receive applications for conditional uses and forward these
applications to the Planning Commission and Board of Supervisors for
recommendation and action prior to considering issuance of zoning
certificates or certificates of zoning compliance for the proposed
use;
(6)
Issue permits only where there is compliance with the provisions
of this chapter, with other Township ordinances and the laws of the
commonwealth;
(7)
Issue denials of zoning certificates or certificates of zoning
compliance and refer any appeal of the denial to the Zoning Hearing
Board for action thereon;
(8)
Conduct inspections and surveys to determine compliance or noncompliance
with this chapter;
(10)
With the approval of the Board of Supervisors, or when directed
by the Board of Supervisors, institute, in the name of the Township,
any appropriate action or proceeding to prevent unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use; to restrain, correct or abate such violation so as to prevent
the occupancy or use of any building, structure or land; or to prevent
any illegal act, conduct, business or use in or about such premises;
(11)
Revoke any order or permit issued under a mistake of fact or
contrary to the law or the provisions of this chapter;
(12)
Record and file all applications for zoning certificates and
certificates of zoning compliance with accompanying plans and documents,
and maintain those files as a public record;
(13)
Maintain the official Zoning District Map for the Township;
(15)
Submit a monthly written report to the Board of Supervisors
of all zoning certificates, certificates of zoning compliance, sign
permits, temporary use permits and all notices of violation and orders
issued;
(16)
Meet with the Planning Commission no less frequently than quarterly
to advise the Commission regarding potential developments and to discuss
any problems in administering this chapter and/or recommend amendments
to this chapter.
A.
Violations. Failure to comply with any provisions of this chapter;
failure to secure a zoning certificate prior to the erection, construction,
extension, structural alteration, addition or occupancy of a building
or structure; or failure to secure a certificate of zoning compliance
for the use or change of use or occupancy of structures or land, shall
be a violation of this chapter.
B.
Enforcement notice. The enforcement notice shall contain the following
information:
(1)
The name of the owner of record and any other persons against
whom the Township intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements
that have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within a prescribed period of time in accordance
with the procedures set forth in this chapter.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
C.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by 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.
(2)
Each day that a violation continues shall constitute a separate
violation, unless the Magisterial District Judge, determining that
there has been a violation, further determines that there was a good
faith basis for the person, partnership or corporation violating this
chapter to have believed that there was no such violation, in which
event there shall be deemed to have been only one such violation until
the fifth day following the date of the determination of a violation
by the Magisterial District Judge and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of this chapter
shall be paid over to the Township.
(3)
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.
(4)
Nothing contained in this subsection 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 subsection.
D.
Causes of action. In case any building or structure is erected, constructed,
reconstructed, structurally altered, repaired, converted or maintained,
or any building or structure or land is used in violation of this
chapter or of any other ordinance or regulation made under authority
conferred hereby, the Board of Supervisors or, with approval of the
Board of Supervisors, the Zoning Officer or other proper official,
in addition to other remedies, may institute in the name of the Township,
any appropriate action or proceeding to: prevent, restrain, correct
or abate such unlawful erection, construction, reconstruction, structural
alteration, repair, conversion, maintenance or use; to prevent the
occupancy of any building, structure or land; or to prevent any illegal
act, conduct, business or use that constitutes a violation.
In all cases, any application for a permit of any of the types
described in this chapter shall be decided not only on the basis of
compliance with this Zoning Ordinance, but also on the basis of compliance
with all other applicable Township ordinances and all other applicable
rules and regulations of the various Township authorities and agencies
that might be concerned, as well as state and federal requirements
and 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 issuance of the
building permit. In those instances where no building permit is required,
an application for a certificate of zoning compliance for a new or
changed use of land or structure shall be accompanied by 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 Supervisors or to the Zoning Hearing Board, whichever
is applicable, for a decision granting approval of the conditional
use or use by special exception prerequisite 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 292, Subdivision and Land Development, unless and until final approval of the land development plan has been granted by the Board of Supervisors. 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.
(1)
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:
(a)
All applications for a proposed use that does not involve construction,
alteration or enlargement of a principal or accessory structure shall
include a property survey showing compliance with any applicable requirements
for the proposed use such as signage, parking, buffer areas and the
like, as well as a narrative describing the proposed use and demonstrating
compliance with all applicable criteria for approval, including, but
not limited to, any express standards and criteria for a conditional
use or use by special exception.
(b)
All applications for a zoning certificate for a principal structure
where construction is proposed shall be accompanied by two copies
of a property survey, drawn to scale, showing: key location map; graphic
scale; North arrow; closest intersecting public road; exact dimensions
and total acreage of the lot or parcel; zoning of lots and zoning
of all abutting properties; exact location and exterior dimensions
of the existing and proposed building or other structure; 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 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 be requested
by the Zoning Officer to determine compliance with this chapter.
(c)
All applications for construction, alteration or enlargement
of an accessory structure shall be accompanied by two copies of a
plot plan showing the principal structure, the proposed location of
the accessory structure, setbacks for the accessory structure, its
relationship to the principal structure and all easements and rights-of-way
on the property.
(d)
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.
(e)
The Zoning Officer may require additional data to determine
compliance with this chapter.
(2)
It shall be the duty of the Zoning Officer to review the application
to determine if all necessary information has been submitted or request
more information of the applicant and 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 with the
approved application attached 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 for such denial, including
the citation of the specific section of this or other pertinent ordinances
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, issued or completed.
A.
A certificate of zoning compliance 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)
Occupancy of any land or structure for which a building permit
is not required.
(3)
A change in the use of an existing building, structure, water
body or land area.
(4)
A change of a nonconforming use, building or structure authorized
by the Zoning Hearing Board.
B.
Application for certificate of zoning compliance.
(1)
Except for existing single-family and two-family dwellings,
a certificate of zoning compliance shall be required prior to the
use and occupancy of any structure, building, water body or land area.
A certificate of zoning compliance shall only be required for the
first occupancy following construction or in the case of a change
of use of the dwelling.
(2)
All requests for a certificate of zoning compliance 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
that the use and/or construction authorized by the approved zoning
certificate has been completed in compliance with all applicable requirements.
(a)
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 from the applicant and officially receive the application.
C.
Issuance of certificate of zoning compliance.
(1)
Applications for a certificate of zoning compliance shall be
reviewed by the Zoning Officer. The Zoning Officer shall either issue
findings as a basis for denial or shall approve the application.
(2)
Upon approval of the request for a certificate of zoning compliance,
one copy of the certificate of zoning compliance shall be given to
the applicant, and one copy of the certificate of zoning compliance
shall be kept on file in the Township Office.
D.
Denial of certificate of zoning compliance. In the event of denial,
the Zoning Officer shall forward to the applicant a written statement
containing the reason for such denial and shall cite the specific
requirements of this chapter that have not been met.
E.
Time limitations. A certificate of zoning compliance shall remain
valid for as long as the structure, building, water body or land area
is used in the manner for which the certificate of zoning compliance
has been issued.
F.
Temporary certificate of zoning compliance. A temporary certificate
of zoning compliance may be issued by the Zoning Officer for a period
not exceeding six months to permit partial occupancy of a building,
structure, water body or land area while work is being completed,
provided such temporary certificate of zoning compliance 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.
A temporary use permit shall be required prior to the initiation
of an authorized temporary use of a structure, land or water body
and shall meet the following requirements:
A.
Approvals required.
(1)
Temporary construction trailers, model homes or sales offices shall be subject to approval of a temporary use permit by the Zoning Officer under this section, provided the Zoning Officer also determines compliance with § 350-101.
(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 that exceeds 72 consecutive hours in duration shall be exempt from obtaining approval of a use by special exception from the Zoning Hearing Board, but shall be subject to approval by the Zoning Officer of a temporary use permit, provided the Zoning Officer determines compliance with all applicable standards of § 350-93A(39) as a condition precedent to issuing the temporary use permit under this section.
(3)
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, but shall be subject to approval by the Zoning Officer of a temporary use permit, provided the Zoning Officer determines compliance with the standards of § 350-93A(39) as a condition precedent to issuing the temporary use permit under this section.
(4)
All other temporary uses shall be subject to approval by the Zoning Hearing Board of a use by special exception in accordance with the criteria of § 350-93A(39) as a condition precedent to obtaining a temporary use permit from the Zoning Officer under this section.
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 is proposed to 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 and officially
receive the application.
C.
Issuance of permit.
(1)
Any temporary use permit that requires approval of a use by special exception in accordance with the express standards and criteria of § 350-93A(39) shall not be issued until the favorable decision of the Zoning Hearing Board is received.
(2)
Applications for a temporary use permit shall be reviewed by
the Zoning Officer. The Zoning Officer shall either issue findings
as a basis for denial or shall approve the temporary use permit.
(3)
Upon approval of the application for a temporary use permit,
one copy of the permit shall be given to the applicant. The applicant's
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 permit. In the event of denial, the Zoning Officer shall
forward to the applicant a written statement containing the reason
for such denial and shall cite the specific requirements of this chapter
that have not been met.
E.
Time limitations. Temporary use permits are valid for the time period specified in the approval. Annual renewal may be granted subject to the Zoning Officer's determination that there is continuing compliance with § 350-93A(39). All temporary uses shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.
F.
Inspections.
(1)
The Zoning Officer, or his duly 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
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 conformance with this chapter and other Township ordinances;
and the opinion of the Zoning Officer with regard to the suitability
of the site for this use.
A sign permit shall be required in accordance with the provisions of § 350-114 of this chapter. It shall be unlawful for any person to commence work for the erection or alteration of any sign until a permit has been issued.
A.
Application for permit. All requests for sign permits shall be made
in writing on a form furnished by the Township and shall include a
full description of the proposed sign, a description of the lot upon
which such proposed sign is to be located and a description of any
other existing signs on the same lot.
(1)
All applications for a sign permit shall be accompanied by two copies of a drawing showing: width of sign; height of sign; gross surface area of sign; total height of sign above adjacent ground level; clearance between bottommost part of sign and ground level; and, for freestanding signs, the distance between the front edge of the sign and adjacent street right-of-way and the distance between the side or rear edge of the sign and the side or rear property line; the proposed message; construction specifications; the type of foundation, structural integrity and ability to withstand wind loads; the form of illumination proposed, if any; and compliance with the visibility requirements of § 350-97D of this chapter.
(2)
It shall be the duty of the Zoning Officer to review the application
for completeness and compliance, request more information of the applicant
or officially receive the application for the sign.
B.
Issuance of permit.
(1)
Applications for a sign permit shall be reviewed by the Zoning
Officer. The Zoning Officer shall either issue findings as a basis
for denial or shall approve the application.
(2)
Upon approval of the sign permit, one copy of the permit shall
be given to the applicant, and one copy of the permit shall be kept
on file in the Township Office.
C.
Denial of permit. In the event of denial, the Zoning Officer shall
forward to the applicant a written statement containing the reason
for such denial and shall cite the specific requirements of this chapter
that have not been met.
D.
Inspections. For a sign permit, the Zoning Officer, or his duly appointed
representative, may make the following inspections on property on
which the permanent sign is to be located: prior to installation of
the sign; following installation of the sign; occasionally to determine
continued maintenance and compliance with this chapter; in response
to any written complaint; whenever the sign is proposed to be replaced
or modified; and upon cessation of the use for which the sign was
erected.
The Board of Supervisors may introduce and/or consider amendments
to this chapter and to the Zoning District Map. In addition, the Board
of Supervisors may consider amendments to this chapter and to the
Zoning District Map that are proposed by the Planning Commission or
by a petition of landowners of property within the Township.
A.
Petitions. Petitions for amendments by landowners shall be filed
with the Planning Commission at least 20 calendar days prior to the
meeting at which the petition is to be heard. In the case of a petition
for reclassification of property, the petitioners, upon such filing,
shall submit a legal description of the property proposed to be rezoned.
All petitions shall include a statement justifying the request and
documenting consistency with the Township's Comprehensive Plan
and a filing fee, in accordance with the fee schedule fixed by resolution
of the Board of Supervisors. The Planning Commission shall review
the proposed amendment and report its findings and recommendations,
in writing, to the Board of Supervisors.
B.
Referral. Any proposed amendment presented to the Board of Supervisors
without written findings and recommendations from the Township Planning
Commission and the Westmoreland County Planning Commission shall be
referred to these agencies for review at least 30 days prior to the
public hearing of the Board of Supervisors. The Board of Supervisors
shall not hold a public hearing upon such amendments until the required
reviews are received or the expiration of 30 days from the date of
referral, whichever comes first.
C.
Posting of property. If the proposed amendment involves a change
to the Zoning District Map, notice of the public hearing shall be
conspicuously posted by the Township at points deemed sufficient by
the Township along the tract to notify potentially interested citizens
at least seven days prior to the date of the public hearing.
D.
Mailing of notices. In addition to posting the property, if the proposed
amendment involves a change to the Zoning District Map, notice of
the public hearing shall be mailed by the Township at least 30 days
prior to the date of the hearing by first class mail to the addresses
to which real estate tax bills are sent for all real property located
within the area being rezoned, as evidenced by tax records within
the possession of the Township. The notice shall include the location,
date and time of the public hearing. A good faith effort and substantial
compliance shall satisfy the requirements of this subsection. This
subsection shall not apply when the rezoning constitutes a comprehensive
rezoning.
E.
Public notice and public hearing. Before acting on a proposed amendment,
the Board of Supervisors shall hold a public hearing thereon. Public
notice, as defined by this chapter, shall be given containing a brief
summary of the proposed amendment and reference to the place where
copies of the same may be examined.
F.
Readvertisement. If after any public hearing is held upon a proposed
amendment, the amendment is substantially changed or revised to include
land not previously affected by the amendment, the Board of Supervisors
shall hold another public hearing, pursuant to public notice, before
proceeding to vote on the amendment.
G.
Publication, advertisement and availability.
(1)
Proposed amendments shall not be enacted unless the Board of
Supervisors gives notice of the proposed enactment, including the
time and place of the meeting at which passage will be considered
and a reference to the place in the Township where copies of the proposed
amendment may be examined without charge or obtained for a charge
not greater than the cost thereof.
(2)
The Board of Supervisors shall publish the proposed amendment
once in a newspaper of general circulation in the Township not more
than 60 nor less than seven days prior to passage. Publication of
the proposed amendment shall include either the full text thereof
or the title and a brief summary prepared by the Township Solicitor
setting forth all the provisions in reasonable detail. If the full
text is not included:
H.
Action. In the case of proposed adoption of a completely revised
Zoning Ordinance, within 90 days of the date when the public hearing
on the proposed ordinance is officially closed, the Board of Supervisors
shall vote on the proposed ordinance. In the event substantial amendments
are made in the proposed ordinance or amendment, the Board of Supervisors
shall readvertise in one newspaper of general circulation in the Township
a brief summary of the ordinance or amendments at least 10 days prior
to enactment.
I.
Filing amendment with County Planning Commission. Within 30 days
after enactment, a copy of the amendment to this chapter shall be
forwarded to the Westmoreland County Planning Commission.
The Board of Supervisors shall establish and revise, from time
to time, a schedule of fees by resolution, as well as a collection
procedure, for all applications submitted under the provisions of
this chapter. The schedule of fees shall be available to the public
from the Zoning Officer or Township Secretary.
A curative amendment may be filed by a landowner who desires
to challenge, on substantive grounds, the validity of this chapter
or the Zoning District Map or any provision thereof, that prohibits
or restricts the use or development of land in which he has an interest.
A.
Procedure. The landowner may submit a curative amendment to the Board
of Supervisors with a written request that his challenge and proposed
amendment be heard and decided as provided in §§ 609.1
and 1004 of the Pennsylvania Municipalities Planning Code, Act 247,
as amended.[1] As with other proposed amendments, the curative amendment
shall be referred to the Township Planning Commission and the Westmoreland
County Planning Commission at least 30 days before the hearing is
conducted by the Board of Supervisors. Public notice shall be given
in accordance with §§ 610 and 1004 and other applicable
provisions of the Pennsylvania Municipalities Planning Code.[2] The hearings shall be conducted in accordance with the
provisions of Subsections (4) through (8) of § 908 of the
Pennsylvania Municipalities Planning Code[3] and all references in that section to the Zoning Hearing
Board shall be references to the Board of Supervisors.
[1]
Editor's Note: See 53 P.S. § 10609.1. 53 P.S. § 11004
was repealed 12-21-1988, P.L. 1329, No. 170, § 100; see
now 53 P.S. § 10916.1.
[2]
Editor's Note: See 53 P.S. § 10610. 53 P.S. § 11004
was repealed 12-21-1988, P.L. 1329, No. 170, § 100; see
now 53 P.S. § 10916.1.
[3]
Editor's Note: See 53 P.S. § 10908.
B.
Evaluation of merits of curative amendment. If the Board of Supervisors
determines that a validity challenge has merit, the Board of Supervisors
may accept a landowner's curative amendment, with or without
revision, or may adopt an alternative amendment that will cure the
alleged defects. The Board of[4]
(1)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities;
(2)
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 Zoning District Map;
(3)
The suitability of the site for the intensity of the use proposed
by the site's soils, slopes, woodlands, wetlands, floodplains,
aquifers, natural resources and other natural features;
(4)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, 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;
and
(5)
The impact of the proposal on the preservation of agriculture
and other land uses that are essential to public health and welfare.
[4]
Editor's Note: So in original.
C.
Declaration of invalidity by court. If the Township does not accept
a landowner's curative amendment brought in accordance with this
section and a court subsequently rules 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 that specifically
relate to the landowner's curative amendment challenge.
