[Ord. 2007-5, 5/17/2007, § 1]
1.
The procedures set forth herein are adopted for the purpose of providing notice of the hearings on issues of public interest and as required by the ordinances of Solebury Township and the Municipalities Planning Code, 53 P.S. § 10101 et seq., including, but not necessarily limited to, Chapter 27, Zoning, Chapter 22, Subdivision and Land Development, an ordinance establishing a Historical Architectural Review Board[1] and other ordinances that provide for public hearings.
[Amended by Ord. No. 2023-003, 7/18/2023]
[Ord. 2007-5, 5/17/2007, § 2]
As used in this part, the following terms shall have the meanings
indicated:
The owner of record of a parcel of land which is contiguous
at any point to the parcel in question or which is on the other side
of a section of street (public or private) on which the subject parcel
has frontage, i.e., a lot across from the subject parcel.
A landowner or developer, including heirs, successors, assigns
and grantees, who has filed a complete application for subdivision
and/or land development, or a complete application for a special exception,
variance, or conditional use, or a complete application for a certificate
of appropriateness. "Applicant" also includes a person or entity who
applies for the placement/location of a telecommunications facility.
[Amended by Ord. No. 2023-003, 7/18/2023]
A duly filed application for subdivision and/or land development;
or, a duly filed application for a special exception, variance, or
conditional use; or, a duly filed application for a certificate of
appropriateness; or, a duly filed application for the placement/location
of a telecommunications facility.
[Amended by Ord. No. 2023-003, 7/18/2023]
Any enclosed or open structure which is a combination of
materials to form a construction for occupancy and/or use, including
mobile homes and trailers to be used for human habitation.
The approval statement issued by Solebury Township Board
of Supervisors which certifies the appropriateness of a particular
request for the construction, alteration, reconstruction, repair,
restoration, demolition or raising of all or a part of any building
within the regulated historic districts and/or which authorizes the
issuance of a building permit for said request.
An application for approval by the Township, which is complete
in terms of plans, reports, studies, maps, investigations, analyses,
exhibits, fees, and the like. Applications for variances, special
exceptions, conditional uses, subdivision, land development, certificates
of appropriateness and the like shall not be considered as being duly
filed unless all plans and papers are submitted as required by the
Township.
[Amended by Ord. No. 2023-003, 7/18/2023]
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law, including condominiums, and
to be used, developed or built upon as a unit.
The property boundary line of a Lot shown on a recorded plan
or described in a recorded deed. In the case of any lot abutting a
street, the lot line for such portion of the lot as abuts such street
shall be deemed to be the same as the street line, and shall not be
the center line of the street, or any other line within the street
right-of-way.
The duly enacted ordinances of Solebury Township, including, but not limited to, Chapter 27, Zoning, as amended; Chapter 22, Subdivision and Land Development, as amended; the Solebury Township ordinance establishing, inter alia, the Historical Architectural Review Board;[1] and every other Solebury Township ordinance and Solebury
Township resolution that provides for public hearings.
[Amended by Ord. No. 2023-003, 7/18/2023]
Any individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof. Whenever used in any clause prescribing and imposing
a penalty, person includes the members, trustees, partners, directors,
officers, managers and supervisors, or any of them, of partnerships,
associations, corporations or other form of entity.
The hearing prescribed by an ordinance which is open to the
public at which testimony, evidence or similar information is offered
for consideration by the Township or a Township Board.
Notice published one time in a newspaper of general circulation
in the Township. Such notice shall state the time and place of the
hearing and the particular nature of the matter to be considered at
the hearing. The first publication shall be not more than 30 days
and the second publication shall not be less than seven days from
the date of the hearing.
The appointed board that advises the Solebury Township Board
of Supervisors on any requests for authorization to construct, alter,
reconstruct, repair, restore or demolish all or a part of any building
within a regulated historic district.
Any man-made object or improvement having an ascertainable
stationary location on land or in water, whether or not affixed to
the land. This term shall include sand mounds, well heads, landscaping
berms and detention basin facilities. This term shall also include
any pole, telescoping mast, tripod or the like which supports a device
used in the transmitting and/or receiving of electromagnetic signals.
The word "Township" means the Solebury Township, Bucks County,
Pennsylvania. As applicable, the term "Township Board" shall mean
the Board of Supervisors of Solebury Township, the Solebury Township
Zoning Hearing Board and the Solebury Township Historical and Architectural
Review Board.
[Ord. 2007-5, 5/17/2007, § 3]
All public hearings before the Township shall be conducted only
after public notice is provided in the manner specified in this part.
[Ord. 2007-5, 5/17/2007, § 4]
1.
Contemporaneous with the filing of an application, the applicant
shall certify to the Zoning Officer or HARB Administrator, if applicable,
and the Township Secretary, the mailing addresses of all abutting
landowners, and owners of all properties within 1,500 feet of the
lot line of the lot, building or structure at issue in order for all
affected individuals and entities to receive notice by mail of the
application. In addition, the applicant shall provide the proposed
text of the notice to be mailed, in conformance with the Notification
of Plan Submission,[1] to the affected individuals and entities, which shall
include the location of the lot, building or structure involved, the
relief sought, and the general nature of the question/issue involved.
[Amended by Ord. No. 2023-003, 7/18/2023]
[1]
Editor's Note: The Notification of Plan Submission is included as an attachment to this chapter.
2.
No sooner
than 30 days prior to the hearing date, nor later than 21 days prior
to the hearing date, the applicant shall notify the abutting owners
and owners of all properties within 1,500 feet of the lot line of
the lot, building or structure at issue, at the addresses certified
by the applicant. Such notice shall be made by regular mail on a form
attached hereto as the Notification of Plan Submission.[2] No later than 10 days prior to the hearing date, the applicant
shall provide the Township with proof of mailing.
[Added by Ord. No. 2023-003, 7/18/2023[3]]
[2]
Editor's Note: The Notification of Plan Submission is included as an attachment to this chapter.
3.
No sooner
than 30 days prior to the hearing date, nor later than 21 days prior
to the hearing date, the applicant shall also post a copy of the Notification
of Plan Submission[4] at a minimum of two conspicuous locations on the subject
property. The size of the postings shall be greater than 200 square
inches. The applicant shall submit photographs of the posting to the
Township no later than 10 days prior to the hearing date.
[Added by Ord. No. 2023-003, 7/18/2023]
[4]
Editor's Note: The Notification of Plan Submission is included as an attachment to this chapter.
4.
The applicant shall post the lot, structure and/or building subject
to application. Such notice shall state the time and place of the
hearing, the location of the lot, building or structure involved,
the relief sought, and the general nature of the question/issue involved
and shall be posted at least 14 days in advance of the date fixed
for the hearing. The postings shall utilize the standard form of placard
required by the Township and be located in a conspicuous location.
5.
The applicant is responsible to properly post all required notices on the subject property in a conspicuous location, within the times required by the Zoning Ordinance [Chapter 27] and document the continuous nature of the posting. At the hearing on the applicant's request, the applicant shall provide proof of proper posting and the maintenance of the posting for the fourteen-day period. Proof of posting may include dated photographs of the posting for each of (minimum) 14 days in advance of the date fixed for the hearing. The proof of posting must be produced and furnished as a part of the case-in-chief by the applicant. Should the applicant fail to prove the posting required by this section, the application will be denied, or the recommendation to the Board of Supervisors shall be to deny the application on the basis of the failure to comply with this requirement, provided, however, in the absolute discretion of the Township, the applicant may be permitted to continue or adjourn the subject hearing for the purpose of complying with this section if the applicant irrevocably waives all time limitations in any ordinance or the Municipalities Planning Code, 53 P.S. § 10101 et seq., for the commencement and completion of hearings and/or issuance of decisions, provided, further, that the applicant reimburses the Township for all costs arising from or related to the requested continuance or adjournment.
[Ord. 2007-5, 5/17/2007, § 5]
1.
Solebury Township will:
A.
In those instances where the applicable ordinances or the Municipalities
Planning Code shall require notice by publication, the Township will
notify the general public, by publishing notice of the time, place
and purpose of the hearing in the local newspaper. The notice shall
be made "no sooner than 30 days prior to the hearing date, nor later
than seven days prior to the hearing date and shall be published in
a newspaper of general circulation in the Township." The notice will
state the time and place of the hearing and the matter to be considered
at the hearing, including the location of the property, lot or structure
involved, the relief sought, and the general nature of the question/issue
involved. At the hearing, the proof of publication will be made a
part of the record. In the case of hearing before the Zoning Hearing
Board, the Zoning Hearing Board shall be responsible to provide the
required proof of publication. Nothing in this section shall be deemed
or interpreted as expanding the Township's obligation to provide notice
by publication; this section only describes the nature and method
of Township notice by publication in those instances where ordinances
or laws shall require notice by publication.[1]
[1]
Editor's Note: Former Subsection 1B through D, regarding specific
notification requirements, were repealed by Ord. No. 2023-003, 7/18/2023.
[Ord. 2007-5, 5/17/2007, § 6]
1.
The Township will develop, and make available for all applicants,
a standard placard that applicant shall utilize for the required posting
of the lot, building or structure at issue. The standard placard may
be revised from time to time.
2.
In order for a placard to be considered posted in a conspicuous location,
the placard must be clearly visible to the public from roadways on
which the subject parcel has frontage and to abutting owners and not
obstructed by structures, vegetation or landscaping. The Township
reserves the right to determine whether or not the posting has been
conspicuous.
[1]
Editor's Note: Former § 1-607, Costs, enacted by
Ord. No. 2007-5, 5/17/2007, § 10, was repealed by Ord. No. 2023-003, 7/18/2023.
