A.
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.
B.
The Zoning Officer shall have all the powers and duties conferred
upon him by this chapter and the Pennsylvania Municipalities Planning
Code. The Zoning Officer's duties shall include the following:
(1)
Receive and examine all applications for zoning certificates
and certificates of occupancy.
(2)
Notify applicants of any deficiencies in applications and request
additional information.
(3)
Process applications for zoning certificates and certificates
of occupancy for all permitted uses.
(4)
Receive applications for uses by special exception and variances
and forward these applications to the Zoning Hearing Board for action
prior to considering issuance of zoning certificates or certificates
of occupancy for the proposed use.
(5)
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
certificates or certificates of occupancy for the proposed use.
(6)
Receive and process all requests for reasonable accommodation
under the Fair Housing Act Amendments and the Americans with Disabilities
Act (ADA).
(7)
Issue permits only where there is compliance with the provisions
of this chapter, with other Township ordinances and the laws of the
commonwealth.
(8)
Issue denials of zoning certificates or certificates of occupancy
and refer any appeal of the denial to the Zoning Hearing Board for
action thereon.
(9)
Conduct inspections and surveys to determine compliance or noncompliance
with this chapter.
(10)
Issue notices of violation in accordance with the requirements
of § 2001, below.
(11)
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.
(12)
Revoke any order or permit issued under a mistake of fact or
contrary to the law or the provisions of this chapter.
(13)
Record and file all applications for zoning certificates and
certificates of occupancy with accompanying plans and documents, and
maintain those files as a public record.
(14)
Maintain the official Zoning District Map for the Township.
(15)
Register nonconforming uses, structures and lots in accordance
with § 1804 of this chapter.
(16)
Submit a monthly written report to the Board of Commissioners
of all zoning certificates, certificates of occupancy, sign permits,
temporary use permits and all notices of violation and orders issued.
(17)
Meet with the Planning Commission monthly to advise the Commission
regarding potential developments and to discuss any problems in administering
this chapter and/or recommend amendments to this chapter.
2001.1
Violations. Failure to comply with any provisions of this chapter;
failure to secure a zoning certificate prior to the erection, construction,
extension, structural alteration, addition or occupancy of a building
or structure; or failure to secure a certificate of occupancy for
the use or change of use or occupancy of structures or land shall
be a violation of this chapter.
2001.2
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 for 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.
2001.3
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 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 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
attorney 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.
2001.4
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.
2002.1
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.
2002.2
Reasonable Accommodation Procedure and Criteria.
A.
Persons with a claim for a reasonable accommodation under the
Fair Housing Amendments Act 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 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 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 property 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 the Zoning Ordinance, the comprehensive plan and the community
development objectives set forth in the Zoning Ordinance;
(7)
The extent to which the requested accommodation
would impose financial and administrative burdens on 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 property
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.
2003.1
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 certificate has been obtained from
the Zoning Officer.
B.
In the instances where a building permit is required and applied
for, a zoning certificate 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 certificate.
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 certificate. Whenever the approval of a conditional use or
use by special exception includes conditions attached to the approval,
said conditions shall be incorporated into the zoning certificate.
D.
In the case of a permitted use, the Zoning Officer shall not
issue the zoning certificate unless and until all applicable regulations
of this chapter have been met and, in the case of a use for which
land development plan approval is required by the Township Subdivision
and Land Development Ordinance,[1] the zoning certificate shall not be issued 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 certificate.
2003.2
Application for Zoning Certificate.
A.
All applications for zoning certificates shall be made in writing
by the owner or his authorized agent on a form furnished by the Township
and shall include a statement of the intended use of the building
and a property survey both prepared in duplicate and drawn to scale;
and copies of all required county, state and/or federal permits as
approved by the appropriate agency and shall include the following
information at a minimum:
(1)
All applications for a zoning certificate shall
be accompanied by two copies of a property survey, drawn to scale,
showing: key location map; graphic scale; North arrow; closest intersecting
public street; 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 water courses; drainage; ways, rights-of-way and easements;
exact location of existing and proposed driveways, streets and roads
within, adjacent and opposite to 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 may 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.
C.
Unless such requirement is waived by the Board of Commissioners,
all applications for a zoning certificate shall be accompanied by
a fee, to be based upon the fee schedule of the Township, as provided
for in § 2009 of this chapter.
2003.3
Zoning Certificate. Upon approval of the application for a zoning
certificate, one copy of the approved zoning certificate shall be
returned to the applicant. One copy of such zoning certificate shall
be kept on file in the Township Office.
2003.4
Denial of Zoning Certificate. 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 or other
pertinent ordinances that have not been met.
2003.5
Inspection. The Zoning Officer, or his duly appointed representative,
may make inspections on the property for which an application for
a zoning certificate has been submitted or issued.
2003.6
Failure to Obtain Zoning Certificate. Failure to obtain a zoning
certificate shall be a violation of this chapter and shall be subject
to the enforcement remedies of this chapter.
When a building permit is required under the requirements of
the Township Building Code, a zoning certificate shall be prerequisite
to obtaining a building permit.
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
|
2005.1
Application for Permit. 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.
A.
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.
B.
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 officially receive the application.
C.
Unless such requirement is waived by the Board of Commissioners,
all applications for a certificate of occupancy shall be accompanied
by a fee to be based upon the fee schedule of the Township, as provided
for in § 2009 of this chapter.
2005.2
Issuance of Certificates of Occupancy. 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.
A.
Upon approval of the request for a certificate of occupancy,
one copy of the certificate of occupancy shall be given to the applicant,
and one copy of the certificate of occupancy shall be kept on file
in the Township Office.
2005.3
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.
2005.4
Time Limitations. A certificate of occupancy shall remain valid
for as long as the structure or building is used in the manner the
certificate of occupancy has been issued for.
2005.5
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 certificate.
2005.6
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.
A temporary use permit shall be required prior to the initiation
of an authorized temporary use or structure, land or water body and
shall meet the following requirements:
2006.1
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 § 1403.41 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 business with the permission of
the landowner for a period of not more than 72 consecutive hours shall
be exempt from obtaining a temporary use permit. Any such activity
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 also determines compliance with
all applicable standards of § 1403.41.
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 § 1507.
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 § 1403.41 as a condition precedent to obtaining
a temporary use permit from the Zoning Officer under this section.
2006.2
Application for Permit. All requests for temporary use permits
shall be made in writing on a form furnished by the Township and shall
include a full description of the type of use for which such permit
is being sought and the dates during which this use shall be in existence.
A.
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.
B.
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 § 2009 of this chapter.
C.
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 § 1403.41 shall not be
issued until the favorable decision of the Zoning Hearing Board is
received.
2006.3
Issuance of Permit. 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.
A.
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.
2006.4
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.
2006.5
Time Limitations. Temporary use permits are valid for the time
period(s) specified in this chapter or in the decision of the Zoning
Hearing Board, if approved under § 1403.41.
2006.6
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.
2006.7
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.
Sign permits shall conform to the requirements of § 1707
of this chapter.
The Board of Commissioners may introduce and/or consider amendments
to this chapter and to the Zoning Map, as proposed by the Board of
Commissioners or by the Planning Commission or by a petition of landowners
of property within the Township.
2008.1
Petitions.
A.
Petitions for amendments submitted by landowners 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, upon such filing,
shall submit a legal description of the property proposed to be rezoned.
B.
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.
2008.2
Referral. Any proposed amendment presented to the Board of Commissioners
without written findings and recommendations from the Township Planning
Commission and the Allegheny County Department of Economic Development
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.
2008.3
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.
2008.4
Mailing of Notices. In addition to posting the property, if
the proposed amendment involves a change to the Zoning District Map,
notice of the public hearing shall be mailed by the Township at least
30 days prior to the date of the hearing by first class mail to the
addresses to which real estate tax bills are sent for all real property
located within the area being rezoned, as evidenced by tax records
within the possession of the Township. The notice shall include the
location, date and time of the public hearing. A good faith effort
and substantial compliance shall satisfy the requirements of this
subsection. This subsection shall not apply when the rezoning constitutes
a comprehensive rezoning.
2008.5
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.
2008.6
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.
2008.7
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:
2008.8
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 changes
are made to 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.
2008.9
Filing Amendment with County Planning Agency. Within 30 days
after enactment, a copy of the amendment to this chapter shall be
forwarded to the Allegheny County Department of Economic Development.
2008.10
Mediation Option. The Board of Commissioners
may offer the mediation option as an aid in completing proceedings
authorized by § 2008. The Township and the mediating parties
shall meet the stipulations and follow the procedures set forth in
§ 1909 of this chapter.
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.
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.
2010.1
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.[1] As with other proposed amendments, the curative amendment
shall be referred to the Township Planning Commission and the Allegheny
County Department of Economic Development 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 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, provided, however, that deemed approval
provisions of Section 908 shall not apply and the provisions of Section
916.1 of the Pennsylvania Municipalities Planning Code shall control.
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 11004,
respectively.
2010.2
Evaluation of Merits of Curative Amendment. 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:
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 this chapter or Zoning Map;
C.
The suitability of the site for the intensity of the use proposed
by the site's soils, slopes, woodlands, wetlands, flood plains, aquifers,
natural resources and other natural features;
D.
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, flood plains, 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 the preservation of agriculture
and other land uses which are essential to public health and welfare.
2010.3
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 Ordinance, but only for those provisions which specifically
relate to the landowner's curative amendment challenge.