[Ord. 687, 8/12/2015]
2601.1.
The provisions of this chapter shall be administered and enforced
by a Zoning Officer who shall be appointed by the Board of Commissioners.
The Zoning Officer shall hold no elective office in the Township.
The Zoning Officer shall meet the qualifications established by the
Township and shall be able to demonstrate, to the satisfaction of
the Township, a working knowledge of municipal zoning.
2601.2.
The Zoning Officer shall have all the powers and duties conferred
upon him by this chapter and the Pennsylvania Municipalities Planning
Code.[1] The Zoning Officer's duties shall include the following:
A.
Receive and examine all applications for zoning approval, building
permits and certificates of occupancy.
B.
Notify applicants of any deficiencies in applications and request
additional information.
C.
Process applications for zoning approval, building permits and certificates
of occupancy for all permitted uses.
D.
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 approval, building permits
or certificates of occupancy for the proposed use.
E.
Receive applications for conditional uses and forward these applications
to the Planning Commission and Board of Commissioners for recommendation
and action prior to considering issuance of zoning approval, a building
permit or certificate of occupancy for the proposed use.
F.
Post written notice of public hearings on affected tracts of land
at least one week prior to hearing.
G.
Receive and process all requests for reasonable accommodation under
the Fair Housing Act Amendments and the Americans with Disabilities
Act (ADA).
H.
Issue permits only where there is compliance with the provisions
of this chapter, with other Township ordinances and the laws of the
commonwealth.
I.
Issue denials of zoning approval, a building permit or certificate
of occupancy and refer any appeal of the denial to the Zoning Hearing
Board for action thereon.
J.
Conduct inspections and surveys to determine compliance or noncompliance
with this chapter.
L.
With the approval of the Board of Commissioners, or when directed
by the Board of Commissioners, 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.
M.
Revoke any order or permit issued under a mistake of fact or contrary
to the law or the provisions of this chapter.
N.
Record and file all applications for zoning approvals, building permits
and certificates of occupancy, with accompanying plans and documents,
and maintain those files as a public record.
O.
Maintain the Official Zoning District Map for the Township.
P.
Submit a monthly written report to the Board of Commissioners of
all building permits, certificates of occupancy, sign permits, temporary
use permits and all notices of violation and orders issued.
Q.
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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 687, 8/12/2015]
2602.1.
Violations. Failure to comply with any provisions of this chapter;
failure to secure zoning approval or a building permit prior to the
erection, construction, extension, structural alteration, addition
or occupancy of a building or structure; or failure to secure a certificate
of occupancy for the use or change of use or occupancy of structures
or land, shall be a violation of this chapter.
2602.2.
Enforcement Notice. The enforcement notice shall contain the
following information:
A.
The 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 steps for compliance must be commenced and
the date before which the steps must be completed.
E.
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.
F.
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
2602.3.
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 therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorneys' 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 District Justice. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure.
B.
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 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 District Justice,
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorneys'
fees collected for the violation of this chapter shall be paid over
to the Township.
C.
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.
D.
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.
2602.4.
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 Commissioners or, with approval
of the Board of Commissioners, 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 which constitutes a violation.
[Ord. 687, 8/12/2015]
2603.1.
Applications for Permits. 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 chapter 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 which might be concerned, as well as state
and federal requirements and permits.
2603.2.
Reasonable Accommodation Procedure and Criteria.
A.
Persons with a claim for a reasonable accommodation under the Fair
Housing Act Amendments or the Americans with Disabilities Act shall
submit their request in writing to the Zoning Officer on an application
form which shall require that the following information, and such
other information as may be reasonably needed to process the request,
be provided:
(1)
Specific citation of the Zoning Ordinance provision from which reasonable
accommodation is requested;
(2)
The name and address of the applicants;
(3)
The specific description of the reasonable accommodation sought
and the particulars, including exact dimensions of any proposed structural
or locational accommodation;
(4)
The condition of the applicants for which reasonable accommodation
is sought;
(5)
A description of the hardship, if any, that the applicants will
incur absent provision of the reasonable accommodation requested;
(6)
A description of any alternative methods of relieving the claimed
hardship that have been considered and the reason, if any, why the
applicants have rejected such alternatives;
(7)
A statement describing why the requested accommodation is necessary
to afford the applicants an opportunity equal to a nonhandicapped
or nondisabled person to use and enjoy the dwelling in question;
(8)
A description of the manner in which the accommodation, if granted,
will be terminated or removed if no longer required to afford equal
housing opportunity to handicapped or disabled persons; and
(9)
A statement of any facts indicating whether or not nonhandicapped
or nondisabled persons would be permitted to utilize the property
in question in a manner similar to that sought by the applicants.
B.
The Zoning Officer may hold any meetings and/or hearings necessary
in his discretion to elicit information or argument pertinent to the
request for accommodation.
C.
The Zoning Officer's decision shall be in writing and shall state
the reasons for the decision.
D.
The Zoning Officer shall issue his written decision to the applicants
and the Township within 30 days of filing of the request for accommodation.
E.
A request for reasonable accommodation should be directed in the
first instance to the Zoning Officer. In considering a request for
reasonable accommodation, the Zoning Officer shall, with the advice
and counsel of the Township Solicitor, apply the following criteria:
(1)
Whether the applicants are handicapped or disabled within the
meaning of the Federal Fair Housing Act Amendments or the Americans
with Disabilities Act;
(2)
The degree to which the accommodation sought is related to the
handicap or disability of the applicants;
(3)
A description of the hardship, if any, that the applicants will
incur absent provision of the reasonable accommodation requested;
(4)
The extent to which the requested accommodation is necessary
to afford the applicants an opportunity equal to a nonhandicapped
or nondisabled person to use and enjoy the dwelling in question;
(5)
The extent to which the proposed accommodation may impact other
property owners in the immediate vicinity;
(6)
The extent to which the requested accommodation may be consistent
with or contrary to the zoning purposes promoted by this chapter,
the Comprehensive Plan and the community development objectives set
forth in this chapter;
(7)
The extent to which the requested accommodation would impose
financial and administrative burdens upon the Township;
(8)
The extent to which the requested accommodation would impose
an undue hardship upon the Township;
(9)
The extent to which the requested accommodation would require
a fundamental alteration in the nature of the Township's regulatory
policies, objectives and regulations;
(10)
The extent to which the requested accommodation would result
in a subsidy, privilege or benefit not available to nonhandicapped
or disabled persons;
(11)
The permanency of the requested accommodation and the conditions
under which such accommodation will be removed, terminated or discontinued
when no longer needed to provide handicapped or disabled persons with
equal opportunity to use and enjoy the dwelling in question; and
(12)
The extent to which the requested accommodation will increase
the value of the property during and after its occupancy by applicants.
[Ord. 687, 8/12/2015]
2604.1.
When Required.
A.
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 permit has been obtained from the
Zoning Officer.
B.
In the instances where a building permit is required and applied
for, a zoning permit shall be prerequisite to the building permit.
In those instances where no building permit is required, an application
for a certificate of occupancy for a new or changed use of land or
structure shall include an application for a zoning permit.
C.
In the case of a conditional use or use by special exception, the
Zoning Officer shall refer the application to the Planning Commission
and Board of Commissioners or to the Zoning Hearing Board, whichever
is applicable, for a decision granting zoning approval, prior to issuing
a zoning permit. 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 permit.
D.
In the case of a permitted use, the Zoning Officer shall not issue the zoning permit 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 the Township Subdivision and Land Development Ordinance [Chapter 22], unless and until final approval of the land development plan has been granted by the Board of Commissioners. Whenever final approval of a land development plan is subject to conditions, those conditions shall be incorporated into the zoning permit.
2604.2.
Application for Zoning Permit.
A.
All applications for zoning permits shall be made in writing by the
owner or his authorized agent on a form furnished by the Township
and shall include a statement of the intended use of the building
and a property survey, both prepared in duplicate and drawn to scale,
and copies of all required county, state and/or federal permits as
approved by the appropriate agency, and shall include the following
information at a minimum:
(1)
All applications for a zoning permit 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(s) or parcel; zoning
of lots and zoning of all abutting properties; exact location and
exterior dimensions of the existing and proposed building(s) or other
structure(s); exact location and area of all existing and proposed
watercourses; drainageways, rights-of-way and easements; exact location
of existing and proposed driveways, streets and roads within, adjacent
and opposite of the lot(s) or parcel; exact location of existing and
proposed off-street parking, loading and pedestrian movement facilities;
exact dimensions of front, side and rear yards for all principal and
accessory uses; and any other additional data as may be deemed necessary
and be requested by the Zoning Officer to determine compliance with
this chapter.
(2)
The Zoning Officer may require an applicant to furnish a survey
of the property by a Pennsylvania registered land surveyor when complete
and accurate information is not readily available from existing records.
(3)
The Zoning Officer may require additional data to determine
compliance with this chapter.
B.
It shall be the duty of the Zoning Officer to review the application
to determine if all necessary information has been submitted and request
more information of the applicant or officially receive the application
for review by the appropriate Township agencies.
2604.3.
Zoning Permit. Upon approval of the application for a zoning
permit, one copy of the approved permit shall be returned to the applicant.
One copy of such permit shall be kept on file in the Township office.
2604.4.
Denial of Zoning Permit. In the event of a denial, the Zoning
Officer shall state in writing the reason(s) for such denial, including
the citation of the specific section(s) of this chapter or other pertinent
ordinances that have not been met.
2604.5.
Inspection. The Zoning Officer, or his duly appointed representative,
may make inspections on the property for which an application for
a zoning permit has been submitted or issued.
2604.6.
Failure to Obtain Zoning Permit. Failure to obtain a zoning
permit shall be a violation of this chapter and shall be subject to
the enforcement remedies of this chapter.
[Ord. 687, 8/12/2015]
2605.1.
When Required. A building permit shall be required in accordance
with the requirements of the Township Building Code. A zoning permit
shall be prerequisite to obtaining a building permit. Building permits
shall not be issued unless the property included in the permit application
is a lot of record, as defined by this chapter.
2605.2.
Foundation Survey Required.
A.
Within 72 hours of forming the footer for the foundation of a proposed
structure, the person to whom the building permit has been issued
shall notify the Zoning Officer and shall provide a surveyor's certification
of the location of the footer. Within three business days, the Zoning
Officer shall notify the holder of the building permit whether the
foundation survey is in compliance with this chapter. Failure of the
Zoning Officer to act within the time specified shall result in deemed
approval of the footer location. If the permittee proceeds with construction
during the three-day review period, work shall be at the permittee's
own risk.
B.
Failure to submit the required foundation survey shall be grounds
for the Zoning Officer to issue a cease-and-desist order.
C.
If the Zoning Officer finds that the foundation survey is not in
compliance with the provisions of this chapter and the approved building
permit, the Zoning Officer shall require the removal of the footer,
or the portion thereof, that is not in compliance by issuing a notice
of violation in accordance with the procedures specified in § 2602.1.
[Ord. 687, 8/12/2015]
2606.1.
A certificate of occupancy indicating compliance with the provisions
of this chapter shall be required prior to:
A.
Occupancy of any structure following completion of construction,
reconstruction or enlargement of the structure governed by an approved
building permit.
B.
A change in the use of an existing building, structure, water body
or land area, except for the same use operated by a different owner.
C.
A change of a nonconforming use, building or structure authorized
by the Zoning Hearing Board.
2606.2.
Application for Permit.
A.
All requests for a certificate of occupancy shall be made in writing,
on a form furnished by the Township, completed by the owner or other
authorized agent, and shall include a statement of the type of proposed
use intended for the building, land or water body.
B.
A certificate of occupancy for a change of use in an existing building
shall be applied for and shall be issued before the new use is established.
C.
It shall be the duty of the Zoning Officer to review the application
to determine if all necessary information has been submitted, to request
more information of the applicant or to officially receive the application.
2606.3.
Issuance of Certificate of Occupancy.
A.
Applications for a certificate of occupancy shall be reviewed by
the Zoning Officer. The Zoning Officer shall issue the findings or
approval of the application.
B.
Upon approval of the request for a certificate of occupancy, one
copy of the certificate shall be given to the applicant, and one copy
of the certificate shall be kept on file in the Township office.
2606.4.
Denial of Certificate of Occupancy. In the event of denial,
the Zoning Officer shall forward to the applicant a written statement
containing the reason(s) for such denial and shall cite the specific
requirements of this chapter that have not been met.
2606.5.
Time Limitations. A certificate of occupancy shall remain valid
for as long as the structure or building is used in the manner the
certificate has been issued for.
2606.6.
Temporary Certificate of Occupancy. A temporary certificate
of occupancy may be issued by the Zoning Officer for a period not
exceeding six months to permit partial occupancy of a building while
work is being completed, provided such temporary certificate of occupancy
may require such conditions and safeguards as may be warranted, including
posting of surety, to protect the health and safety of the occupants
and the public and guarantee compliance with the provisions of this
chapter or any conditions attached to the zoning permit.
2606.7.
Failure to Obtain a Certificate of Occupancy. Failure to obtain
a certificate of occupancy shall be a violation of this chapter and
shall be subject to enforcement remedies as provided in this chapter.
[Ord. 687, 8/12/2015]
A temporary use permit shall be required prior to the initiation
of a permitted temporary use of a structure, land or water body and
shall meet the following requirements:
2607.1.
Approvals Required.
A.
Temporary uses, such as festivals, fairs or other similar activities, sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining approval of a use by special exception from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of § 27-1906.56 as a condition precedent to obtaining the temporary use permit under this section.
B.
Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period of not more than 72 consecutive hours shall be exempt from obtaining a temporary use permit. Any such activity which exceeds 72 consecutive hours in duration shall be subject to approval by the Zoning Officer of a temporary use permit under this section, provided the Zoning Officer determines compliance with all applicable standards of § 27-1906.56.
C.
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 determines compliance with § 27-2108.
D.
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 § 27-1906.56D as a condition precedent to obtaining
a temporary use permit from the Zoning Officer under this section.
2607.2.
Application for Permit.
A.
All requests for temporary use permits shall be made in writing on
a form furnished by the Township and shall include a full description
of the type of use for which such permit is being sought and the dates
during which this use shall be in existence.
B.
It shall be the duty of the Zoning Officer to review the application
for compliance, request more information of the applicant or officially
receive the application.
C.
Unless such requirement is waived by the Board of Commissioners, all applications for a temporary use permit shall be accompanied by a fee, to be based upon the fee schedule adopted by the Township, as provided for in § 27-2610 of this chapter.
D.
Any temporary use permit that requires approval of a use by special exception by the Zoning Hearing Board in accordance with the express standards and criteria of § 27-1906.56 shall not be issued until the favorable decision of the Zoning Hearing Board is received.
2607.3.
Issuance of Permit.
A.
Applications for a temporary use permit shall be reviewed by the
Zoning Officer. The Zoning Officer shall issue approval or denial
of the temporary use permit.
B.
Upon approval of the request for a temporary use permit, one copy
of the permit shall be given to the applicant. The copy of the permit
must be publicly displayed at the site of the temporary use during
the existence of the use. One copy of the permit shall be kept on
file in the Township office.
2607.4.
Denial of Permit. In the event of denial, the Zoning Officer
shall forward to the applicant a written statement containing the
reason(s) for such denial and shall cite the specific requirements
of this chapter that have not been met.
2607.5.
Time Limitations. Temporary use permits are valid for the time
period(s) specified in this chapter.
2607.6.
Inspections.
A.
The Zoning Officer, or his fully appointed representative, may make
an inspection of the property on which such temporary use is to be
located to determine the suitability of the site for the use. This
inspection shall be made prior to issuing a permit, prior to initiation
of the use or, in the event a renewal of the permit is requested,
during the time the use is in existence.
B.
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 in regard to the suitability
of the site for this use.
2607.7.
Failure to Obtain a Temporary Use Permit. Failure to obtain
a temporary use permit shall be a violation of this chapter and shall
be subject to enforcement remedies as provided in this chapter.
[Ord. 687, 8/12/2015]
A sign permit shall be required prior to the erection or structural
alteration of any sign, either permanent or temporary. It shall be
unlawful for any person to commence work for the erection or alteration
of any sign until a permit has been issued. No sign permit shall be
required for real estate signs; nameplate signs; or official governmental
street, road and traffic control signs.
2608.1.
Application for Permit.
A.
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.
B.
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; distance between
front edge of sign and adjacent street or road right-of-way; and distance
between front edge of sign and inside edge of adjacent sidewalk, if
applicable.
C.
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.
2608.2.
Issuance of Permit.
A.
Applications for a permanent sign permit shall be reviewed by the
Planning Commission. The Zoning Officer shall not issue a permit until
receipt of review comments of the Planning Commission.
B.
Applications for a temporary sign permit shall be reviewed by the
Zoning Officer.
C.
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.
2608.3.
Denial of Permit. In the event of denial, the Zoning Officer
shall forward to the applicant a written statement containing the
reason(s) for such denial and shall cite the specific requirements
of this chapter that have not been met.
2608.4.
Inspections.
A.
For a permanent sign permit, the Zoning Officer, or his fully 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.
B.
For a temporary sign permit, the Zoning Officer, or his fully appointed
representative, may make inspection(s) to determine conformance with
this chapter and other applicable Township ordinances and the suitability
of the site for this use.
2608.5.
Failure to Obtain a Sign Permit. Failure to obtain a sign permit
shall be a violation of this chapter and shall be subject to enforcement
remedies as provided in this chapter.
[Ord. 687, 8/12/2015]
The Board of Commissioners may introduce and/or consider amendments
to this chapter and to the Zoning District Map as proposed by the
Board of Commissioners or by the Planning Commission or by a petition
of landowners of property within the Township.
2609.1.
Petitions. Petitions for amendments shall be filed with the
Planning Commission at least 15 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, which shall consist
of a majority of the landowners of the property to be considered for
reclassification, 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 Commissioners.
The Planning Commission shall review the proposed amendment and report
its findings and recommendations in writing to the Board of Commissioners.
2609.2.
Referral. Any proposed amendment presented to the Board of Commissioners
without written findings and recommendations from the Township Planning
Commission and the Allegheny County Planning Commission shall be referred
to these agencies for review at least 30 days prior to the public
hearing of the Board of Commissioners. The Board of Commissioners
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.
2609.3.
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.
2609.4.
Public Notice and Public Hearing. Before acting on a proposed
amendment, the Board of Commissioners 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.
2609.5.
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 Commissioners shall hold another public hearing, pursuant to public
notice, before proceeding to vote on the amendment.
2609.6.
Publication, Advertisement and Availability.
A.
Proposed amendments shall not be enacted unless the Board of Commissioners
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.
B.
The Board of Commissioners 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:
2609.7.
Action. Within 90 days of the date when the public hearing on
the proposed amendment is officially closed, the Board of Commissioners
shall vote on the proposed amendment. In the event substantial amendments
are made in the proposed amendment, the Board of Commissioners shall
readvertise in one newspaper of general circulation in the Township
a brief summary of the amendments at least 10 days prior to enactment.
2609.8.
Filing Amendment with County Planning Commission. Within 30
days after enactment, a copy of the amendment to this chapter shall
be forwarded to the Allegheny County Department of Economic Development
— Planning Division.
[Ord. 687, 8/12/2015]
The Board of Commissioners 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.
[Ord. 687, 8/12/2015]
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, which prohibits
or restricts the use or development of land in which he has an interest.
2611.1.
Procedure. The landowner may submit a curative amendment to
the Board of Commissioners with a written request that his challenge
and proposed amendment be heard and decided as provided in Sections
609.1 and 1004 of the Pennsylvania Municipalities Planning Code, Act
247, as amended. As with other proposed amendments, the curative amendment
shall be referred to the Township Planning Commission and the Allegheny
County Planning Commission at least 30 days before the hearing is
conducted by the Board of Commissioners. Public notice shall be given
in accordance with Sections 610, 1004 and other applicable provisions
of the Pennsylvania Municipalities Planning Code. The hearings shall
be conducted in accordance with the provisions of Subsections (4)
through (8) of Section 908 of the Pennsylvania Municipalities Planning
Code, and all references in that section to the Zoning Hearing Board
shall be references to the Board of Commissioners.
2611.2.
Evaluation of Merits of Curative Amendment.
A.
If the Board of Commissioners determines that a validity challenge
has merit, the Board of Commissioners may accept a landowner's curative
amendment, with or without revision, or may adopt an alternative amendment
which will cure the alleged defects. The Board of Commissioners shall
consider the curative amendments, plans and explanatory material submitted
by the landowner and shall also consider:
(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 which are essential to public health and welfare.
2611.3.
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 which specifically
relate to the landowner's curative amendment challenge.
[Ord. 687, 8/12/2015]
If the Township determines that this chapter or any portion
thereof is substantially invalid, it shall take the following actions:
2612.1.
The Township shall declare, by formal action, its Zoning Ordinance
or portions thereof substantively invalid and propose to prepare a
curative amendment to overcome such invalidity. Within 30 days following
such declaration and proposal, the Board of Commissioners shall:
2612.2.
Within 180 days from the date of the declaration and proposal,
the Township shall enact a curative amendment to validate, or reaffirm
the validity of, its Zoning Ordinance pursuant to the provisions required
by Section 609 of the MPC in order to cure the declared invalidity
of the Zoning Ordinance.
2612.3.
Upon the initiation of the procedures, as set forth in Subsection
2612.1, the governing body shall not be required to entertain or consider
any landowner's curative amendment filed under Section 609.1 of the
MPC, nor shall the Zoning Hearing Board be required to give a report
requested under Section 909.1 or 916.1 of the MPC subsequent to the
declaration and proposal based upon the grounds identical to or substantially
similar to those specified in the resolution required by Subsection
2612.1A. Upon completion of the procedures as set forth in Subsections
2612.1 and 2612.2, no rights to a cure pursuant to the provisions
of Sections 609.1 and 916.1 of the MPC shall, from the date of the
declaration and proposal, accrue to any landowner on the basis of
the substantive invalidity of the unamended Zoning Ordinance for which
there has been a curative amendment pursuant to this section.
2612.4.
A municipality having utilized the procedures as set forth in
Subsections 2612.1 and 2612.2 may not again utilize said procedure
for a thirty-six-month period following the date of the enactment
of a curative amendment, or reaffirmation of the validity of its Zoning
Ordinance, pursuant to Subsection 2612.2; provided, however, that
if, after the date of declaration and proposal, there is a substantially
new duty or obligation imposed upon the municipality by virtue of
a change in statute or by virtue of a Pennsylvania appellate court
decision, the municipality may utilize the provisions of this section
to prepare a curative amendment to its ordinance to fulfill said duty
or obligation.
