[Ord. 1998-5, 7/20/1998, § 11.100]
1.
Persons desiring to undertake any new construction, structural or
site alteration, or changes in the use of a building or lot shall
apply to the Zoning Officer for a zoning permit by filling out the
appropriate application form and by submitting the required fee.
2.
Upon receipt of an application for a zoning permit, the Zoning Officer
shall examine the application and supporting information to determine
compliance with this chapter and other applicable Township ordinances,
statutes and regulations. If required by this chapter, the Zoning
Officer shall refer the application to the Zoning Hearing Board or
to the Stroud Township Supervisors for their required action. The
Zoning Officer shall complete this examination and take action on
the permit within 30 days, if no referrals are required. However,
if referral to the Board of Supervisors is required action by the
Zoning Officer shall take place within 90 days from the date of the
application, including all required fees, was filed with the Township.
As part of the examination, the Zoning Officer shall determine
if subdivision and/or land development approval and/or stormwater
management plan approval has been obtained, adequate sewage disposal
provisions have been met, and, in the case of public buildings, the
required permits have been issued by the Department of Labor and Industry.
No zoning permit shall be issued unless the landowner presents
the Zoning Officer with proof that any applicable subdivision and/or
land development approval has been granted and conditions, if any,
have been met, a sewage permit has been issued by the Township Sewage
Enforcement Officer or required approval has been obtained from the
Stroud Township Sewer Authority, a Stroud Township road occupancy
permit has been issued in order that access may be gained to the lot,
all other required Township approvals and permits have been granted
or issued, and building permits have been issued, when applicable.
[Amended by Ord. 1-2014, 8/19/2014]
3.
If refused a permit, the applicant may appeal to the Board for further
consideration.
4.
After the zoning permit has been issued, the applicant, may undertake
the action permitted by the zoning permit and any other necessary
permits.
5.
Upon completion of such action, the applicant shall apply to the
Zoning Officer for an occupancy permit, where such a permit is required.
6.
If the Zoning Officer finds that the action of the applicant is in
accordance with the zoning and any other required permits, he shall
then issue an occupancy permit allowing the premises to be occupied.
[Ord. 1998-5, 7/20/1998, § 11.200]
1.
Appointment. The Zoning Officer shall be appointed by the Board of
Supervisors and shall not hold any elective office. The officer or
staff shall continue to serve the Township until such time as the
Board of Supervisors of the Township declares otherwise. The Zoning
Officer shall meet any qualifications established by the Township
Supervisors and shall be able to demonstrate to their satisfaction
a working knowledge of municipal zoning.
2.
Duties and Powers.
A.
The
Zoning Officer shall:
(1)
Administer the zoning ordinance in accordance with its literal
terms.
(2)
Identify and register nonconforming uses, nonconforming structures
and nonconforming lots, together with the reasons why the Zoning Officer
identified them as nonconformities.
(3)
Receive and examine all applications required under the terms
of this chapter.
(4)
Issue or refuse permits within 30 days of the receipt of the
application or where applicable shall refer said application within
10 days to the Board.
(5)
Issue a written notice of violation, or an enforcement notice
as provided for in § 616.1 of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10616.1, as amended, to any person,
firm, partnership or corporation violating any provisions of this
chapter and assist the Board of Supervisors to prepare for any civil
enforcement proceedings for enforcement of this chapter.
(6)
Keep records of applications, permits, and certificates issued,
of variances granted by the Board, of inspections made, of reports
rendered, and of notice or orders issued.
(7)
Make all required inspections and perform all other duties as
called for in this chapter.
B.
The
Zoning Officer shall not have the power to permit any construction,
use or change of use which does not conform to this chapter.
[Ord. 1998-5, 7/20/1998, § 11.300]
1.
Applications to Zoning Officer.
A.
All applications for zoning permits for permitted uses, conditional
uses, or special exceptions, for building and occupancy permits, for
certificates of nonconforming uses or structures, for variances and
for interpretations of any fact or provision of this chapter shall
be made directly to the Zoning Officer.
B.
Such applications shall be in writing and shall include a plot plan
drawn to scale showing the location and dimensions of the lot area
and of the proposed uses of building and/or land. The Zoning Officer
or the Zoning Hearing Board may require any additional information
including a property line survey with existing and proposed improvements
located thereon which is deemed necessary to properly evaluate the
application for the purpose of determining its conformity with this
chapter.
2.
Appeals to Zoning Hearing Board.
A.
All appeals which allege that the Zoning. Officer has made an error
shall be filed directly with the Secretary of the Zoning Hearing Board
within 30 days of the Officer's alleged error.
B.
Such appeals shall be in writing and shall explain fully the facts
and parties in the case and shall clearly state the reasons or provisions
of this chapter on which the appeal is based.
[Ord. 1998-5, 7/20/1998, § 11.400; as amended by
Ord. 2000-2, 1/10/2000, § 3; and by Ord. 2003-3, 5/5/2003,
§ 7]
1.
No persons shall erect, alter, or convert any structure sign or building
nor alter the use of any land, until the Zoning Officer issues a zoning
permit to the person for said change or construction. Zoning permits
shall be issued in triplicate. One copy shall be kept conspicuously
on the premises, and no person shall perform building operations of
any kind unless a zoning permit is being displayed as required by
this chapter.
A.
Permitted Uses. A zoning permit for a permitted principal or accessory
use may be issued by the Zoning Officer. Any use that qualifies as
a land development shall first require approval by the Stroud Township
Board of Supervisors before the Zoning Officer may issue a permit.
B.
Special Exceptions. A zoning permit for a special exception may be
issued by the Zoning Officer only upon the order of the Board after
a hearing following a review by the Planning Commission.
C.
Conditional Uses. A zoning permit for a conditional use may be issued
by the Zoning Officer only upon the order of the Board of Supervisors
after a hearing following a review by the Planning Commission.
D.
Sign Permits. Every new and existing off-premises sign shall be assigned
a permit number by the Township.
If a new sign authorized under any such permit has not been
completed within six months from the date of the issuance of such
permit, the permit shall become null and void, but may be renewed,
within 30 days from the expiration thereof, for good cause shown upon
payment of an additional fee established by the Township.
The Township requires existing off-premises sign permits to
be renewed every 12 months. Such renewal shall be granted following
the receipt of annual renewal fees and reinspection of sign, and may
be withheld only upon a determination by the Zoning Officer to the
effect that such conditions as may have been prescribed by the Zoning
Officer in conjunction with the issuance of the original permit have
not been, or are being no longer, complied with. In such cases, a
period of 60 days shall be granted the applicant for full compliance
prior to the revocation of said permit.
The reinspection shall be performed on or about the anniversary
of the expiration of the permit. At this time the Zoning Officer or
his designee will determine if the sign is in conformance with this
chapter and is being properly maintained in accordance with requirements
established from time to time by resolution of the Township Supervisors.
If the sign is not in conformance the Zoning Officer will not issue
the annual permit and may remove or order the removal of the sign
at the expense of the owner or lessor.
E.
Expiration of Zoning Permit. Unless there has been substantial progress
in the work for which a zoning permit was issued, the said permit
shall expire one year from the date of its issuance.
F.
Expiration of Use Approval. Any special exception approval or conditional
use approval granted after the effective date of this chapter shall
be valid for a period of one year from the date of approval. Any special
exception approval or conditional use approval granted prior to the
effective date of this chapter shall be valid for a period of one
year from the date of adoption of this chapter. For the purposes of
this section, a special exception approval or conditional use approval
is only valid for one year unless the applicant proceeds with land
development plan or subdivision approval, obtains a zoning permit
for the use, or obtains a certificate of occupancy for the use within
the one-year period. Failure to proceed with subdivision or land development
approval or to obtain a zoning permit or certificate of occupancy
within one year of use approval will require submission of a new application
for conditional use or special exception approval.
[Ord. 1998-5, 7/20/1998, § 11.500]
1.
After a zoning permit is issued and before occupancy takes place,
an occupancy permit shall be required. The purpose of an occupancy
permit is to certify that the premises comply with the provisions
of this chapter and may be used for the purposes set forth in the
occupancy permit.
A.
Prior to the use or occupancy of any land, building, sign or for
any change of use of any existing building or for any change of use
of land, an occupancy permit shall be secured from the Zoning Officer.
B.
All requests for occupancy permits shall be in writing on forms to
be furnished by the Zoning Officer.
C.
A copy of the occupancy permit shall be kept upon the premises, and
shall be produced upon request made by any officer of the Township.
[Ord. 1998-5, 7/20/1998, § 11.600; as amended by
Ord. 2004-3, 5/4/2004, § 7; and by Ord. 2006-3, 7/18/2006,
§ 3]
1.
The Township may require additional permits specified in other related
ordinances and laws. All other required permits, including sewage
system permits, shall be obtained and submitted to the Township for
review prior to the issuance of building or occupancy permits.
A.
Footer Permits. No person shall perform any building operations or
construction after the installation of a footer or foundation until
obtaining a footer permit as required hereunder. After the construction,
erection or pouring of a footer or foundation for any structure or
building, the permittee shall notify the Zoning Officer, and if the
footer or foundation is clearly located within a distance less than
10 feet from the required setback, a certified survey prepared by
a licensed Pennsylvania surveyor or engineer shall be presented to
the Zoning Officer showing the as-built location of the footer or
foundation with respect to front, side or rear yard or other setback
requirements under this chapter. The Zoning Officer shall inspect
the footer or foundation, and the survey, if required hereunder, and
if the placement of the footer or foundation meets all setback requirements,
shall issue a footer permit for the further proposed construction.
[Ord. 1998-5, 7/20/1998, § 11.700]
The owner of the premises occupied by a lawful nonconforming
use or structure may apply for a certificate of nonconformance by
submitting evidence that the nonconforming use or structure existed
on the effective date of this chapter. The application shall provide
information as to the type and extent of the nonconformance existing
on the effective date of this chapter and information as to the date
this nonconformance was installed, constructed or initiated. The Zoning
Officer shall examine such evidence and review the application with
adjoining property owners and others as may be appropriate and thereafter
shall present the evidence and results of the Zoning Officer's
examination and review to the Planning Commission at its next regularly
scheduled meeting for its recommendations with respect to the application.
The Zoning Officer, after due consideration of the evidence, comments
of interested parties and recommendation of the Planning Commission
shall publicly disclose, at the initial or subsequent Planning Commission
meeting, the Zoning Officer's findings and decision with respect
to the application. The Zoning Officer may, if the evidence confirms
to his satisfaction such preexisting nonconformance use, announce
his intent to issue a certificate of nonconformance on the 14th day
following the meeting or at the Zoning Officer's discretion,
reject the application, in which case the applicant may request the
Zoning Hearing Board to conduct a hearing with respect to the application.
In the event the Zoning Officer announces his intent to issue such
certificate, any interested party may file a written objection within
14 days, in which case the decision of the Zoning Officer shall become
null and void; thereafter, the applicant may request the Zoning Hearing
Board to conduct a hearing with respect to the application. The certificate
of nonconformance shall be for the purpose of certifying to the owner
the right to continue such nonconforming use.
[Ord. 1998-5, 7/20/1998, § 11.800]
1.
Appointment. A Zoning Hearing Board shall consist of three residents
of the Township appointed by resolution by the Board of Supervisors.
Board members shall serve terms of three years, so fixed that
the term of office of one member shall expire each year. Members of
the Board shall hold no other office in the Township. The Board of
Supervisors may appoint by resolution at least one but no more than
three residents of the Township to serve as alternate members of the
Board. The term of office of an alternate member shall be three years.
When seated pursuant to the provisions of Subsection 1B, an alternate
shall be entitled to participate in all proceedings and discussions
of the Board to the same and full extent as provided by law for Board
members, including specifically the right to cast a vote as a voting
member during the proceedings, and shall have all the powers and duties
set forth in this act and as otherwise provided by law. Alternates
shall hold no other office in the Township, including membership on
the Planning Commission and Zoning Officer. Any alternate, may participate
in any proceeding or discussion of the Board but shall not be entitled
to vote as a member of the Board nor be compensated unless designated
as a voting alternate member pursuant to Subsection 1B.
2.
Vacancies. The Board shall properly notify the Board of Supervisors
of any vacancies which occur. Appointments to fill vacancies shall
be only for the unexpired portion of a term.
3.
Removal. Any Board member may be removed for just cause by a majority
vote of the Board of Supervisors, if the member has received 15 days'
notice of the intent to take such a vote. A hearing shall be held
in connection with the vote if the member shall request it in writing.
4.
Organization.
A.
The Board shall elect officers from its own membership. Officers
shall serve annual terms and may succeed themselves.
B.
If, a Board member is absence or disqualified, a quorum is not reached,
the Chairman of the Board shall designate as many alternate members
of the Board to sit on the Board as may be needed to provide a quorum.
Any alternate member of the Board shall continue to serve on the Board
in all proceedings involving the matter or case for which the alternate
was initially appointed until the Board has made a final determination
of the matter or case. Designation of an alternate pursuant to this
section shall be made on a case-by-case basis in rotation according
to declining seniority among all alternates.
C.
The Board may make, alter, and rescind rules and forms for its procedure,
consistent with all applicable municipal ordinances and laws of the
commonwealth.
5.
Zoning Hearing Board Administrator. The Supervisors shall appoint
a Zoning Hearing Board Administrator who shall maintain all Zoning
Hearing Board records, shall schedule all hearings, set meeting agendas,
and provide the required notices and posting; and shall perform other
duties required to facilitate the operation of the Zoning Hearing
Board.
[Ord. 1998-5, 7/20/1998, § 11.900]
1.
The Zoning Hearing Board shall be responsible for the following:
A.
Appeals from Zoning Officer Action. The Board shall hear and decide
appeals where it is alleged by the appellant that the Zoning Officer
has failed to follow prescribed procedures, or has misinterpreted
or misapplied any valid provision of this chapter or any valid rule
or regulation governing the action of the Zoning Officer. Nothing
contained herein shall be construed to deny the appellant the right
to proceed directly in court, pursuant Pa.R.C.P. 1091, relating to
action in mandamus.
B.
Appeals from a Determination by the Municipal Engineer. The Board shall hear and decide appeals from a determination by the Township Engineer with reference to the administration of floodplain or flood hazard provisions and sedimentation and erosion control and Township stormwater management ordinances as they relate to development not involving applications under the Township Subdivision and Land Development Ordinance [Chapter 22] or planned residential development ordinance provisions.
C.
Challenge to the Validity of Any Ordinance or Map. The Board shall
hear challenges to the validity of this chapter. At the conclusion
of the hearing, the Board shall decide all contested questions and
shall make findings on all relevant issues of fact which shall become
part of the record on appeal to the court.
D.
Variances. The Board shall hear requests for variances, which allege
that the provisions of this chapter inflict unnecessary hardship upon
the applicant. The Board may grant a variance if all of the following
findings, where relevant, are made:
(1)
There are unique physical circumstances or conditions (including
irregularity, narrowness, or shallowness of lot size or shape, or
exceptional topographical or other physical conditions peculiar to
the particular property) and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located.
(2)
Because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this chapter, and a variance is therefore necessary
to enable the reasonable use of the property.
(3)
Such unnecessary hardship has not been created by the appellant.
(4)
The variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
nor substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare.
(5)
The variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this chapter.
E.
Special Exceptions. The Board shall hear and decide requests for
all special exceptions as provided in this chapter and in accordance
with such standards and criteria contained in this chapter. In granting
a special exception, the Zoning Hearing Board may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter, as it may deem necessary to implement the purposes and intent
of this chapter.
F.
Unified Appeals. Where the Board has jurisdiction over any zoning
matter pursuant to this section of this chapter, it shall also hear
all appeals which an applicant may elect to bring before it with respect
to any Township ordinance or requirements pertaining to the same development
plan or development. In such a case, the Board shall have no power
to pass upon the non-zoning issues, but shall take evidence and make
a record thereon as provided in Subsection 1G. At the conclusion of
the hearing, the Board shall make findings on all relevant issues
of fact which shall become part of the record on appeal to the court.
G.
Records and Reports. The Board shall keep full public records of
its business and shall submit an annual report of its activities to
the Board of Supervisors.
H.
Hearings. The Board shall conduct hearings and make decisions in
accordance with the following:
(1)
Notice of Hearings. Public notice of all hearings of the Board
shall be given, and written notice shall be given to the applicant,
the Zoning Officer, the Commission, the Board of Supervisors and such
other persons who have made a timely request for such notice, by personally
delivering or mailing a copy of the published notice described below.
Written notice of the hearing shall be conspicuously posted on the
affected tract of land at least one week prior to the hearing.
(2)
Parties. The parties to the hearing shall be the Township, any
person affected by the application who has made timely appearance
of record before the Board, and any other person including civic or
community organizations permitted to appear by the Board. The Board
shall have power to require that all persons who wish to be considered
parties enter appearances in writing on forms provided by the Board
for that purpose.
(3)
Oaths and Subpoenas. The Chairman or Acting Chairman of the
Board presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
(4)
Representation by Counsel. The parties shall have the right
to be represented by counsel and shall be afforded the opportunity
to respond and present evidence and argument and cross-examine adverse
witnesses on all relevant issues.
(5)
Evidence. Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
(6)
Record. The Board or the Hearing Officer, as the case may be,
shall keep a stenographic record of the proceedings. The appearance
fee for a stenographer shall be shared equally by the applicant and
the Board. The cost of the original transcript shall be paid by the
Board if the transcript is ordered by the Board or Hearing Officer
or shall be paid by the person appealing from the decision of the
Board of such appeal is made, and in either event the cost of additional
copies shall be paid by the person requesting such copy or copies.
In other cases the party requesting the original transcript shall
bear the cost thereof.
(7)
Ex Parte Communications. The Board shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved, except upon notice and opportunity for all
parties to participate. The Board shall not take notice of any communication,
reports, staff memoranda, or other materials except advice from their
Solicitor unless the parties are afforded an opportunity to contest
the material so noticed. After the commencement of hearings, the Board
shall not inspect the site or its surroundings with any party or his
representative, unless all parties are given an opportunity to be
present.
(8)
Time Requirements. The Board shall render a written decision,
or when no decision is called for make written findings on the application,
within 45 days after the last hearing before the Board. All conclusions
based on any provisions of Act 247, 53 P.S. § 10101 et seq.,
as amended, or of this chapter shall contain a reference to the provision
relied on and the reasons why the conclusion is deemed appropriate
in light of the facts found. When the Zoning Hearing Board fails to
render the decision within the period required by this chapter, or
fails to hold the required hearing within 60 days from the date of
the applicants request for a hearing, the decisions shall be deemed
to have been rendered in favor of this applicant, unless the applicant
has agreed in writing or on the record to an extension of time.
(9)
Notice of Decision.
(a)
A copy of the final decision, or where no decision is called
for of the findings, shall be delivered to the applicant personally
or mailed to him not later than the day following its date. To all
other persons who have filed their name and addresses with the Zoning
Hearing Board not later than the last day of the hearing, the Zoning
Hearing Board shall provide by mail or otherwise, brief notice of
the decision or findings and a statement of the place of which the
full decision or findings may be examined.
[Ord. 1998-5, 7/20/1998, § 11.1000]
1.
In General.
A.
All appeals for securing review of this chapter or any decision,
determination or order of the Board of Supervisors, its agencies or
officers issued pursuant to this chapter, shall be in conformance
with Article 10 of Act 247, 53 P.S. § 11001 et seq., as
amended.
B.
All appeals from the Zoning Officer and proceedings to challenge
the substantive validity of any ordinance may be filed with the Board
in writing by the landowner affected, any office or agency of the
Township, or any person aggrieved. Requests for a variance and for
special exceptions may be filed with the Board by any landowner or
any tenant with the permission of such landowner.
C.
Questions of an alleged defect in the process of enactment or adoption
of any ordinance or map shall be raised by an appeal taken directly
from the action of the Board of Supervisors filed not later than 30
days from the effective date of the ordinance or map.
2.
Information Required. All appeals from a decision of the Zoning Officer
and applications to the Board shall be in writing on forms prescribed
by the Board. Every appeal or application shall include the following:
A.
The name and address of the applicant, or appellant.
B.
The name and address of the owner of the property to be affected
by such proposed change or appeal.
C.
A brief description and location of the property to be affected by
such proposed change or appeal.
D.
A statement of the present zoning classification of the property
in question, the improvements thereon and the present use thereof.
E.
A statement of the section of this chapter under which the appeal
is made and reasons why it should be granted, or a statement of the
section of this chapter governing the situation in which the alleged
erroneous ruling is being appealed and the reasons for this appeal.
F.
A reasonably accurate description of the additions or changes intended
to be made under this application, indicating the size, material and
general construction of such proposed improvements. A plot plan of
the property to be affected, indicating the location and size of the
lot and the size of existing and intended improvements, shall be attached
to the description.
3.
The Board shall commence a hearing on any appeal within 60 days of
the request, unless the landowner requests a consent to an extension
of time.
4.
Expiration of Appeal Decision. Unless otherwise specified by the
Board, a decision on any appeal or request for a variance shall expire
if the applicant fails to obtain any necessary zoning permit, or comply
with the conditions of said authorized permit within one year from
the date of authorization thereof.
5.
Appeal from Decision of Board. In the case of an appeal from the
Board to the Court of Common Pleas, the Board shall make the return
required by law, and shall promptly notify the Solicitor to the municipality
of such appeal and furnish him with a copy of the return including
the transcript of testimony. Any decision of the Board not appealed
within 30 days after notice thereof shall be final.
6.
Stay of Proceedings.
A.
Upon filing any appeal and during its pendency before the Board,
all land development pursuant to any challenged ordinance, order or
approval of the Zoning Officer or of any agency or body, and all official
action thereunder shall be stayed.
B.
However, if the Zoning Officer or any other appropriate agency or
body certifies to the Board facts indicating that such stay would
cause imminent peril to life or property, the development or official
action shall not be stayed otherwise than by a restraining order.
Such restraining order may be granted by the Board or by a court having
jurisdiction of zoning appeals on petition after notice to the Zoning
Officer or other appropriate agency or body.
C.
When an application for development (preliminary or final) has been
duly approved and proceedings designed to reverse or limit the approval
are filed with the Board by persons other than the applicant, the
applicant may petition the court to hold a hearing to determine if
such persons should post a bond as a condition to continuing the proceedings
before the Boards.
[Ord. 1998-5, 7/20/1998, § 11.1100]
1.
The Township may, on its own motion or by petition, amend, supplement,
change, modify, or repeal this chapter.
2.
Amendment Adopted at Time of the Public Hearing. Before voting on
the enactment of an amendment, the Board of Supervisors shall submit
the amendment to the County Planning Agency at least 30 days prior
to a public hearing and then hold a public hearing thereon, pursuant
to public notice. In addition, if the proposed amendment involves
a Zoning Map change, notice of said public hearing shall be conspicuously
posted by the Township at points deemed sufficient by the Township
along the tract to notify potentially interested citizens. The affected
tract or area shall be posted at least one week prior to the date
of the hearing.
3.
In the case of an amendment other than that prepared by the Township
planning agency, the Board of Supervisors shall submit each such amendment
to the Township planning agency at least 30 days prior to the hearing
on such proposed amendment and permit the agency an opportunity to
submit recommendations.
4.
If, after any public hearing held upon an amendment, the proposed
amendment is revised, or further revised, to include land previously
not affected by it, the Board of Supervisors shall hold another public
hearing, pursuant to public notice before proceeding to vote on the
amendment.
5.
Amendment Adopted at a Separate Meeting after Public Hearing. Proposed
Zoning Ordinance amendments shall not be enacted unless notice of
proposed enactment is given. Public notice of enactment shall include
the time and place of the meeting at which passage will be considered,
a reference to a place within the Township where copies of the proposed
ordinance or amendment may be examined without charge or obtained
for a charge not greater than the cost thereof. The Supervisors shall
publish the proposed ordinance or amendment once in one newspaper
of general circulation in the Township not more than 60 days not less
than seven days prior to passage. Publication of the proposed ordinance
or amendment shall include either the full text thereof or the title
and a brief summary, prepared by the Township Solicitor and setting
forth all the provisions in reasonable detail. If the full text is
not included:
A.
A copy thereof shall be supplied to a newspaper of general circulation
in the Township at the time the public notice is published.
B.
An attested copy of the proposed ordinance shall be filed in the
County Law Library or other county office designated by the County
Commissioners, who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinances.
If the proposed amendment involves a Zoning Map change, notice
of said public hearing shall be conspicuously posted by the Township
at points deemed sufficient by the Township of the tract to notify
potentially interested citizens. The affected tract or area shall
be posted at least one week prior to the date of the hearing.
6.
In the event substantial amendments are made in the proposed amendment,
before voting upon enactment, the Board of Supervisors shall at least
10 days prior to enactment readvertise, in one newspaper of general
circulation in the Township a brief summary setting forth all the
provision in reasonable detail together with a summary.
[Ord. 1998-5, 7/20/1998, § 11.1200]
A landowner who desires to challenge on substantive grounds
the validity of this which prohibits or restricts the use or development
of land in which he has an interest, may submit a curative amendment
to the governing body with a written request that his challenge and
proposed amendment be heard and decided as provided in Act 247, as
amended. The Board of Supervisors shall commence a hearing thereon
within 60 days of the request unless the landowner requests a consent
to an extension of time. The Township may initiate a curative amendment
as provided in Pennsylvania Municipalities Code, 53 P.S. § 10101
et seq., as amended.
[Ord. 1998-5, 7/20/1998, § 11.1300]
The Board of Supervisors has established by resolution a schedule
of fees and a collection procedure relating to all applications filed
pertaining to this chapter. No application shall be considered filed
until all fees are paid.
[Ord. 1998-5, 7/20/1998, § 11.1400]
1.
If it appears to the Township that a violation of this chapter has
occurred, the Township shall initiate enforcement notice. The enforcement
notice shall be sent to the owner of record of the parcel on which
the violations has occurred, to any person who has filed a written
request to receive enforcement notices regarding that parcel and to
any other person requested in writing by the owner of record. An enforcement
notice shall state at least the:
A.
Name of the owner of record and any other person against whom the
Township intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.
The recipient of the notice has the right to appeal to the Zoning
Hearing Board within a prescribed period of time in accordance with
procedures set forth in this chapter.
F.
Failure to comply with the notice within the time specified, unless
extended by appeal to the Zoning Hearing Board, constitutes a violation,
with possible sanctions clearly described.
[Ord. 1998-5, 7/20/1998, § 11.1500; as amended
by A.O.]
1.
Causes of Action. If any building, structure, landscaping, or land
is, or is proposed to be, erected, constructed, reconstructed, altered,
converted, maintained or used in violation of this chapter, the Board
of Supervisors may, in addition to other remedies, institute in the
name of the Township any appropriate action or proceeding to prevent,
restrain, correct, or abate such building, structure, landscaping
or land, or to prevent, in or about such premises, any act, conduct,
business or use constituting a violation.
Any aggrieved owner or tenant of real property who shows that
his property or person will be substantially affected by the alleged
violation, in addition to other remedies may also institute any such
appropriate action. When any such action is instituted by a landowner
or tenant, notice of that action shall be served upon the Township
at least 30 days prior to the time the action is begun by serving
a copy of the complaint on the Board of Supervisors of the Township.
No such action may be maintained until such notice has been given.
2.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall
upon being found liable therefore in a civil enforcement proceeding
commenced by the Township pay a judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Township as a result thereof. No judgment shall commence or be imposed,
levied or be payable until the date of the determination of a violation
by the magisterial district judge. If the defendant neither pays nor
timely appeals the judgment the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues shall constitute a separate violation, unless
the magisterial district judge determining that there was a good faith
basis for the person, partnership or corporation violating the ordinance
to have believed that there was no such violation in which event there
shall be deemed to have been only one such violation until the fifth
day following the date of the determination of a violation by the
magisterial district judge and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of zoning
ordinances shall be paid over to Stroud Township.
B.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
[Ord. 1998-5, 7/20/1998, § 11.1600]
1.
Function of Township Supervisors. The Supervisors will be responsible
for the following:
A.
To hear and decide all requests for conditional uses after a public
hearing and after review and/or receipt of a recommendation from the
Planning Commission in accordance with the standards and criteria
set forth in this chapter.
B.
To hear and decide all requests for recommendations for amendments
submitted to the Township by the Planning Commission or any other
applicant for an amendment as set forth herein and as may be provided
for in accordance with the requirements of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq., as reenacted and
amended.
All findings and decisions of the Supervisors for conditional
uses shall be in writing and shall be rendered within 45 days after
the last hearing before the Supervisors. If the Supervisors fail to
render such a decision then the decision shall be deemed to have been
rendered in favor of the applicant unless the applicant has agreed
in writing to an extension of time.
The Supervisors shall perform such other duties as may be provided
or made necessary by this chapter, or by the Pennsylvania Municipalities
Code, 53 P.S. § 10101 et seq., as amended, including the
holding of hearings after proper notice and the referral of any pertinent
matter to the Planning Commission for review and recommendations.
The Supervisors shall keep a full public record and a summary of the
facts in cases over which it has jurisdiction and shall maintain adequate
records on its findings and decisions.
2.
Notice of Hearings. Notice of all hearings of the Supervisors shall
be given to the public, the applicant, the Zoning Officer, the Planning
Commission, the Zoning Hearing Board and such other persons who have
made a timely request for such notice. Such notice shall be given
in accordance with the term "public notice" as defined in Part 2.
In addition, written notice of said hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing.
3.
Referral to Planning Commission. The Supervisors shall refer to the
Planning Commission all applications for conditional uses, and any
other applications or appeals which, in the opinion of the Supervisors,
require review by the Planning Commission. In its review, the Planning
Commission shall, in the case of conditional uses, determine compliance
with the standards and criteria set forth in this chapter, and in
all cases may report in writing its findings and recommendations to
the Supervisors within 14 days.
