The Township expressly adopts and institutes the powers of administration
and enforcement as granted by the Municipalities Planning Code, as
enacted and amended. Therefore, this chapter adopts by reference and
fully recognizes all requirements and rights cited in the Municipalities
Planning Code regarding timelines, courses of action, rights of landowners,
and duties and functions of the entities cited herein with the following
specific requirements defined. The provisions of this chapter shall
be binding upon the municipality.
A.
The governing body in the Planning Area shall appoint a Zoning Officer
whose duty is to enforce this chapter through the citation of violations
of which the Officer has discovered or been notified; and to review
and issue the required zoning permits based on the requirements of
this chapter.
B.
A zoning permit shall be required for all proposed principal structures
and proposed additions to principal structures, including co-locations
on telecommunications towers, within the Planning Area. The permit
application shall include the following:
(1)
Name, address, signature, and contact information of the landowner,
and of the applicant if different from the landowner.
(2)
A copy of a survey of the parcel on which the structure is proposed,
denoting the location of the proposed structure and the distances
from the abutting lot lines from which the structure is proposed.
The survey shall also delineate existing principal and accessory structures
located on the same parcel. The delineation of the required structures
may be applied by the applicant and need not be drawn by a registered
surveyor. However, the adherence to the aforementioned dimensions
and delineations as presented by the applicant, once approved by the
Zoning Officer, shall constitute a condition of approval.
(3)
Drawings adequate to show the height of the structure.
(4)
Where the construction of the proposed structures constitutes
a land development, as defined by the local ordinance, the applicant
shall submit necessary evidence demonstrating the adherence of the
proposed activity to the land development as approved.
(5)
A brief description of the proposed use of the structure.
C.
A zoning permit shall be required for all proposed accessory buildings
or structures or additions thereto within the Planning Area. The permit
application shall include the following:
(1)
Name, address, signature, and contact information of the landowner,
and of the applicant if different from the landowner.
(2)
A copy of a survey of the parcel on which the structure is proposed,
denoting the location of the proposed structure and the distances
from the abutting lot lines from which the structure is proposed.
The survey shall also delineate existing principal and accessory structures
located on the same parcel. The delineation of the required structures
may be applied by the applicant and need not be drawn by a registered
surveyor. However, the adherence to the aforementioned dimensions
and delineations as presented by the applicant, once approved by the
Zoning Officer, shall constitute a condition of approval.
(3)
Drawings adequate to show the height of the building.
(4)
Where the construction of the proposed structures constitutes
a land development, as defined by local ordinance, the applicant shall
submit necessary evidence demonstrating the adherence of the proposed
activity to the land development as approved.
(5)
A brief description of the proposed use of the structure.
D.
A zoning permit shall be required for a home occupation as defined
in this chapter. The permit application shall include the following:
(1)
Name, address, signature, and contact information of the landowner,
and of the applicant if different from the landowner.
(2)
A sufficient description of the use, the square footage to be
occupied by the use, the number of employees who do not reside within
the principal residence, the average number of daily customers and
trips expected and the number of parking spaces provided.
E.
A zoning permit for nonresidential occupancy shall be required when
a change of the principal use or tenancy of a property is proposed,
where a nonresidential principal use is proposed, and for all nonresidential
accessory uses excluding storage. The permit application shall include
the following:
F.
A zoning permit shall be required for forestry activities, which
shall be treated as a use permitted and defined herein. A condition
of approval of forestry permits shall be interpreted to include compliance
with the permit as determined by intermittent inspections and a final
inspection conducted by the Zoning Officer. Failure to comply with
submitted and approved plans, as well as the requirements of the Conservation
District, shall result in the issuance of an enforcement notice and
the suspension of forestry activity.
(1)
Name, address, signature, and contact information of the landowner,
and of the applicant if different from the landowner.
(2)
A survey of the property. The applicant shall delineate areas
where forestry activities are proposed, access to said areas, and
sedimentation controls.
(3)
Evidence of review, comments, and concurrence from the Allegheny
County Conservation District.
G.
A zoning permit shall be issued for all wall, projected, and ground
signs placed on properties containing nonresidential uses and associated
with a nonresidential use (including home occupations); and shall
be required for signs placed on all vacant properties in the N and
M Districts. Permits shall not be required for the replacement of
a sign face where the association of the sign is already associated
with a nonresidential use and the square footage does not change.
The permit application shall include the following:
(1)
Name, address, signature, and contact information of the landowner,
and of the applicant if different from the landowner.
(2)
A copy of a survey of the parcel on which a ground sign is proposed,
denoting the location of the proposed sign and the distances from
the abutting lot lines from which the structure is proposed. The survey
shall also delineate the locations of other ground signs on the same
property. The delineation of the required structures may be applied
by the applicant and need not be drawn by a registered surveyor. However,
the adherence to the aforementioned dimensions and delineations as
presented by the applicant, once approved by the Zoning Officer, shall
constitute a condition of approval.
(3)
The square footage of signage, itemized by each sign type, existing
on a property, or associated with a particular establishment, which
currently exists.
(4)
The square footage and height of the proposed sign.
(5)
Details of any proposed illumination of the sign.
H.
A zoning permit shall be required for transient retail businesses.
Said permit shall be effective for 30 consecutive days. Applicants
may reapply to have the permit reissued thereafter. The permit application
shall include the following:
(1)
Name, address, signature, and contact information of the landowner
or owners on which the business proposes to operate.
(2)
Name, address, signature, and contact information of the operator
of the transient retail business.
(3)
A description of the business.
(4)
The fee as required by the Planning Area's fee schedule.
J.
Where a violation of this chapter has been discovered or reported,
the Zoning Officer, after inspecting and confirming the nature and
existing of said violation(s), shall issue an enforcement notice which
shall be sent to the owner of record of the 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. In any appeal of an enforcement
notice to the Zoning Hearing Board the governing body shall have the
responsibility of presenting its evidence first. Any filing fees paid
by a party to appeal an enforcement notice to the Zoning Hearing Board
shall be returned to the appealing party by the governing body if
the Zoning Hearing Board, or any court in a subsequent appeal, rules
in the appealing party's favor. The enforcement notice shall
state at least the following:
(1)
The name of the owner of record and any other person against
whom the municipality 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 the ordinance.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed, which shall
be 30 days from the issuance of the notice.
(5)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within a prescribed reasonable period of
time in accordance with procedures set forth in this chapter.
K.
Enforcement remedies. Any person, partnership or corporation who
or which has violated or permitted the violation of the provisions
of this zoning ordinance shall, upon being found liable therefor in
a civil enforcement proceeding commenced by the governing body, pay
a judgment of not more than $500 plus all court costs, including reasonable
attorney fees incurred by a municipality as a result thereof. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the district justice. If the defendant
neither pays nor timely appeals the judgment, the governing body 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 district justice determining that there has been a violation
further determines 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 district justice
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 the governing body.
A.
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 governing body appointing said member, taken
after the member has received 15 days' advance 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 within the
aforementioned time period.
B.
The board shall elect from its own membership its officers, who shall
serve annual terms as such and may succeed themselves. For the conduct
of any hearing and the taking of any action, a quorum shall be not
less than a majority of all the members of the board. The board shall
also appoint a hearing officer from its own membership to conduct
any hearing on its behalf where the parties agree to waive further
action by the board.
C.
Board proceedings.
(1)
The Zoning Officer shall accept complete applications and shall
provide them to the Zoning Hearing Board within five working days
of receipt.
(2)
The Board shall advertise each hearing stating the purpose thereof,
the location of the subject property when applicable, the name of
the applicant, a brief description of the appeal, and the date, time,
and location scheduled. Advertisements shall occur in accordance with
public notice. Where the hearing relates to property, said property
shall be posted with the aforesaid information no later than one week
prior to the scheduled hearing. The Zoning Officer shall notify the
applicant and the respective governing body of the date, time, and
purpose of the respective hearing.
(3)
The first hearing before the Zoning Hearing 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 Zoning Hearing 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 Zoning Hearing 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. And 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
to complete their opposition to the application provided the applicant
is granted an equal number of additional hearings for rebuttal.
(4)
The Zoning Hearing Board shall conduct the hearings or the Zoning
Hearing Board may appoint any member or an independent attorney as
a hearing officer. The decision, or, where no decision is called for,
the findings shall be made by the Zoning Hearing Board; however, the
appellant or the applicant, as the case may be, in addition to the
respective governing body, may, prior to the decision of the hearing,
waive decision or findings by the Zoning Hearing Board and accept
the decision or findings of the hearing officer as final.
(5)
The chairman or acting chairman of the Zoning Hearing Board
or the hearing officer presiding shall have power to administer oaths
and issue subpoenas to compel the attendance of witnesses and the
production of relevant documents and papers, including witnesses and
documents requested by the parties.
(6)
Parties to every hearing shall be the governing bodies of the
Planning Area, the applicant(s), and any effected party that enters
a verbal or written appearance or statement at the hearing. The Zoning
Hearing Board may require attendees to enter a written appearance
as a condition of being a party.
(7)
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.
(8)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(9)
The Zoning Hearing Board shall keep a stenographic record of
each hearing.
(10)
The Zoning Hearing Board or the hearing officer 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, 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 and shall 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.
(11)
The Zoning Hearing Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Zoning Hearing 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 of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Zoning Hearing 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 Zoning Hearing Board prior to final decision or entry of findings, and the Zoning Hearing Board's decision shall be entered no later than 30 days after the report of the hearing officer. Excepting validity challenges, where the Zoning Hearing Board fails to render the decision within the period required by this subsection or fails to commence or complete the required hearing as provided herein, 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 Zoning Hearing Board to meet or render a decision as hereinabove provided, the Zoning Hearing 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 in Subsection C(1) of this section. If the Zoning Hearing Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(12)
A copy of the final decision or, where no decision is called
for, of the findings shall be delivered to the applicant personally
or mailed to him not later than the day following its date. To all
other persons who have filed their name and address with the 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 at which the full
decision or findings may be examined, or may choose to mail a complete
copy of the decision.
(13)
The Zoning Officer shall keep written files or meeting transcripts,
evidence presented, correspondence, applications, names and addresses
of parties, evidence of delivery by certified mail of notice and decisions
to all applicable parties, and other files which shall remain the
property of the respective governing body.
D.
Variances. The Zoning Hearing Board shall have exclusive power to
hear appeals for dimensional and use variances from the provisions
of this chapter.
(1)
The landowner shall submit an application to the Zoning Officer
including a survey showing existing structures and the location and
detail of the proposed activity or structure for which the applicant
requires a variance; the required fee for a variance as outlined in
the fee schedule of the governing body and a completed application
with all required contact information as well as additional information,
if any, required by the Board.
(2)
The Board shall grant a variance only when findings of fact
are supported by all of the following where relevant in a given case
and therefore constitute an unnecessary hardship inflicted by the
Zoning Ordinance.
(a)
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical property and that the unnecessary
hardship is due to such conditions and not the circumstances or conditions
generally created by the provisions of the zoning ordinance in the
neighborhood 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 the zoning ordinance and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
(c)
That such unnecessary hardship has not been created by the appellant.
(d)
That the variance, if authorized, will not alter the essential
character of the neighborhood 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 that will afford relief and will represent the least modification
possible of the regulation in issue.
(3)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this article and the zoning ordinance.
E.
Special exception. The Board is authorized to consider special exceptions.
(1)
Expansions and changes of nonconforming uses shall be evaluated as per the following standards cited in Article X and the general standards cited in this section.
(2)
The landowner shall submit an application to the Zoning Officer
including a survey showing existing structures and the location and
detail of the proposed activity or structure for which the applicant
requires the special exception, including representations of parking
and circulation; the required fee for the special exception fee as
outlined in the schedule of the governing body, and a completed application
with all required contact information as well as additional information,
if any, required by the Board.
(3)
Special exceptions for nonconforming uses shall be evaluated
by the following criteria at a minimum.
(a)
The impact of any proposed use on the neighborhood of which
it is a part compared with the impact of the existing nonconforming
use. A proposed use shall not present a greater adverse impact as
compared with the existing use.
(b)
The impact of an expansion of the nonconforming use and the
manner in which the expansion changes or redefines the impact of the
current nonconforming use.
(c)
The extent to which a proposed expansion changes the scale of
use such that the use itself may be changed such that it does not
present an adverse impact on the neighborhood and district in which
it is located. The expansion shall be considered a natural outgrowth
necessary to the economic vitality and sustainability of the current
nonconforming use.
(d)
The consistency of any proposed expansion with the current character
of a neighborhood or district.
(e)
The change in parking required and traffic circulation associated
with any proposed expansion or change in use.
(4)
In granting any special exception, the Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this article and the zoning ordinance.
(5)
Proposed additions shall conform dimensionally and otherwise
to the standards of the present ordinance, or shall otherwise require
a dimensional variance.
F.
Appeals from the determination of the Zoning Officer. The Board shall
hear appeals from the determination of the Zoning Officer in matters
concerning the denial of a permit, a cease-and-desist order, and all
other matters outlined in Section 909.1 of the Municipalities Planning
Code[1] as amended. The aggrieved party shall make application
to the Zoning Officer for the appeal of the disputed decision. The
application shall include the fee as defined in the governing body's
adopted fee schedule, name and contract information, copies of the
permit application, and any additional details relating to the denial
or order issued.
[1]
Editor's Note: See 53 P.S. § 10909.1.
G.
The Zoning Hearing Board recognizes its jurisdiction as defined above
and as additionally defined within Section 909.1 of the MPC, as amended,
including the challenge of this chapter's validity within 30
days after its initial adoption based on procedural defects associated
with the adoption process.
H.
Validity challenges.
(1)
Where a landowner desires to challenge the validity of the ordinance
in regards to the application of the ordinance to a property within
the Planning Area either under his ownership or other than his own,
the landowner shall submit an application for a validity challenge
to the Zoning Officer. The application shall include the section of
ordinance of which validity is challenged, the property to which the
challenge relates, the landowner's basis for challenge, and proposals
by the landowner concerning amendments that would cure the alleged
defect. Additionally, the required fee shall be submitted in accordance
with the municipality's fee schedule.
(2)
Upon acceptance, the Zoning Officer shall forward the application
to the Zoning Hearing Board for consideration within five business
days of receipt.
(3)
The Board shall conduct a hearing pursuant to public notice
within 60 days of the application submission. The Board shall issue
a decision within 45 days of the close of the last hearing on the
application.
(4)
The Zoning Hearing Board's decision shall be based on the
following:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools 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 the ordinance or map;
(c)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodlands, wetlands, floodplains,
aquifers, natural resources and other natural features;
(d)
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
(e)
The impact of the proposal on land uses which are essential
to public health and welfare.
(5)
If the Board fails to act on the landowner's request within
the time limits referred to in § 300-1002H(2), a denial
of the request is deemed to have occurred on the 46th day after the
close of the last hearing. The request shall also be deemed denied
when the Board fails to act on the request 45 days after the close
of the last hearing on the request, unless the time is extended by
mutual consent by the landowner and Board.
(6)
Where the Zoning Hearing Board rules in favor of the landowner,
the Board shall draft proposed amendments to the ordinance which the
Board, in its decision, believes will cure the validity challenge
and associated defects. Said amendments shall be forwarded to the
Township.
A.
The municipality shall create and maintain a local Planning Commission or planning committee in accordance with Article II of the MPC. This chapter thereby establishes said commissions to include a minimum of three members on each separate commission and confers upon each all functions referenced in this chapter; wherein additional numbers and functions may be designated or established by local ordinance.
(1)
This chapter recognizes the North Versailles Township Planning
Commission as the planning agency charged with those municipal issues
and municipal comprehensive plan recommendations including but not
limited to:
(2)
The governing body within the Planning Area shall appoint three
members to the Commission, wherein at least two shall be citizen planners.
The governing body shall appoint members to initial terms of two,
three, and four years wherein all subsequent appointments shall be
for a four-year period such that no more than three reappointments
or expirations in the Planning Commission occur in any given year.
(3)
The Planning Commission shall keep written records of its actions
and recommendations to the governing body within the Planning Area.
The Commission shall annually elect from its membership one chair
and vice chair, and one secretary.
B.
The Zoning Officer shall accept applications cited as PRDs, conditional
uses, or TNDs and shall forward the applications to the Planning Commission
for consideration at their next regularly scheduled meeting when complete
applications are received within 21 calendar days prior to said meeting.
C.
The Planning Commission shall consider applications for zoning changes
of properties and shall adhere to the following requirements.
(1)
A landowner or holder of equitable title to a parcel or parcels within the Planning Area may request a change of zoning classification for said parcel(s) or portion thereof. The applicant shall submit the fee required by the respective municipality along with the amount of copies required by local resolution and shall include the deeds to all properties, a metes and bounds description of the area proposed to be reclassified if said area represents a portion of the parcel(s) owned, proof of equitable title where applicable, and a statement detailing the conformance of the request to the East Allegheny Joint Comprehensive Plan's goals and objectives. The landowner shall file an application with the municipality, wherein the municipality shall forward a copy thereof to the Planning Commission at least 30 days prior to holding a public hearing. The governing body shall follow the procedures set forth in Subsection F in addition to those outlined herein.
(2)
The Zoning Officer shall forward a copy of the application and
request to the Allegheny County Economic Development and shall allow
30 days for comment. A copy shall be submitted to the local Planning
Commission. Any associated fees shall be assessed to the applicant
per the ordinances of the municipality.
(3)
The Zoning Officer shall schedule a public hearing in the municipality
in which the change is proposed, advertised according to public notice,
30 days or more after the submission to County Planning Agency.
(4)
The Zoning Officer shall mail correspondence stating the date,
time, and purpose of the public hearing to all property owners of
record within the Planning Area, as identified in the tax records,
within 200 feet of the lot lines of the subject parcel or parcels.
(5)
The Zoning Officer shall post the subject property or properties
at points noticeable to the general public and/or affected property
owners where the parcel does not border a public street.
(6)
The Planning Commission shall provide a recommendation to the
full Council, which after holding a public hearing or hearings pursuant
to public notice may approve or deny the request. The request, if
approved, shall not become an effective amendment to the Zoning Ordinance
and Map until the governing body of the Planning Area adopts an ordinance
instituting said amendment as approved.
D.
Curative amendments.
(1)
Where a landowner desires to challenge the validity of the ordinance
in regards to the regulations involving the use of his property, the
landowner shall submit an application for a curative amendment to
the Zoning Officer. The application shall include a description of
the activity or structure proposed in lieu of that permitted by thereon
by the ordinance. A survey of the subject property showing existing
structures thereon shall be submitted. The application shall also
include a proposed amendment that the landowner presents as a cure
for the perceived defect in the ordinance. Additionally, the required
fee shall be submitted in accordance with the local municipality's
fee schedule.
(2)
Upon acceptance, the Zoning Officer shall forward the application
to the planning commission for consideration at their next regularly
scheduled meeting or, if accepted later than 21 days prior thereto,
at the following regularly scheduled meeting.
(3)
The governing body shall conduct a hearing pursuant to public
notice within 60 days of the application submission. The respective
governing body shall issue a decision within 45 days of the close
of the last hearing on the application that may include acceptance,
denial, or modified acceptance of the curative amendment. An acceptance
or modified approval shall not become effective, however, until it
is formally adopted by all three governing bodies within the Planning
Area.
(4)
The decision shall be based on the following:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools 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 the ordinance or map;
(c)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodlands, wetlands, floodplains,
aquifers, natural resources and other natural features;
(d)
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
(e)
The impact of the proposal on land uses which are essential
to public health and welfare.
(5)
Where the respective governing body decides to amend the ordinance, the procedures of Subsection F and those otherwise outlined in the Municipalities Planning Code shall apply.
(6)
If the governing body fails to act on the landowner's request within the time limits referred to in Subsection D(3) a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing. The request shall also be deemed denied when:
(a)
The governing body notifies the landowner that it will not adopt
the curative amendment.
(b)
The governing body adopts another curative amendment which is
unacceptable to the landowner.
(c)
The governing body fails to act on the request 45 days after
the close of the last hearing on the request, unless the time is extended
by mutual consent by the landowner and governing body.
E.
Municipal curative amendments. Where the Township determines that
the zoning ordinance or any portion thereof is substantially invalid,
it shall take the following actions:
(1)
Declare by formal action that this chapter or portions thereof
substantively invalid and propose to prepare a curative amendment
to overcome such invalidity.
(a)
Within 30 days following such declaration and proposal, the
governing body of the Planning Area shall by resolution make specific
findings setting forth the declared invalidity of the zoning ordinance
which may include:
(b)
The Township's Planning Area shall begin to prepare and
consider a curative amendment to the zoning ordinance to correct the
declared invalidity as per the resolution.
(2)
Within nine months from the date of the declaration and proposal, the respective governing bodies shall enact the amendment to validate, or reaffirm the validity of, its zoning ordinance pursuant to the procedures required by Subsection F of this chapter and the Municipalities Planning Code for ordinance amendments, in order to cure the declared invalidity of the zoning ordinance.
F.
The Township's Planning Area may not again utilize the above
procedures and associated protections offered by the Municipalities
Planning Code for a period of 36 months following the enactment of
the curative amendment.
(1)
Proposed zoning ordinances and amendments shall not be enacted
unless notice of proposed enactment is given in the manner set forth
in this section, and shall include the time and place of the meeting
at which passage will be considered, a reference to a place within
the municipality 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 respective governing body shall publish
the proposed ordinance or amendment once in one newspaper of general
circulation in the municipality not more than 60 days nor 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 solicitor and setting forth all
the provisions in reasonable detail. If the full text is not included:
(2)
In the event substantial amendments are made in the proposed
ordinance or amendment before voting upon enactment, the governing
body shall, at least 10 days prior to enactment, readvertise, in one
newspaper of general circulation in the respective governing body,
a brief summary setting forth all the provisions in reasonable detail
together with a summary of the amendments. No amendments shall become
effective until the governing body within the Planning Area adopt
the same.
(3)
Zoning ordinances and amendments may be incorporated into official
ordinance books by reference with the same force and effect as if
duly recorded therein.
A.
All fees shall be determined by local ordinance or resolution in
consideration of and pursuant to the following provisions.
B.
The payment of the Zoning Officer or Officers, charged with the enforcement
and administration of this chapter, shall be determined by the governing
body of the Planning Area. Said payment may be determined by cooperative
agreement that specifies contributions and designates one governing
body as the agency responsible for payment of the Zoning Officer or
Officers.
C.
The respective governing body shall determine and prescribe a reasonable
fee for Joint Zoning Hearing Board hearings regarding appeals associated
with land or uses within the municipality.
D.
The respective governing body shall provide payment to the Zoning
Hearing Board members in the amount of $25 per hearing as well as
for the stenographer required at the necessary hearing or hearings
regarding appeals associated with land or uses within that municipality.
The aforesaid shall not preclude the right of the municipalities within
the Planning Area to execute a cooperative agreement wherein one such
body may administer and receive fees for hearings.
E.
The respective governing body shall appropriate funds for the Zoning
Hearing Board's utilization of a solicitor, as stipulated in
the Municipalities Planning Code, or other expert witnesses. The Zoning
Hearing Board shall contract with and fix the payment of their solicitor
and experts provided that the amounts expended do not exceed the monies
appropriated by the municipality for cases involving land or uses
within said municipality.
F.
The governing body shall provide payment to the Planning Commission
members in the amount of $25 for each application considered per public
meeting applications or actions associated with land or uses within
the municipality.
G.
The municipality shall bear the responsibility for providing legal
defenses or counseling necessitated or required by this chapter as
a result of challenges, proposals, requests, filings, or applications
involving proposals, uses, or land within the municipality.
