[Ord. No. 4-2022, 6/9/2022]
1.
For the administration of this chapter, a Zoning Officer, who shall
not hold any elective office in the Township of Canton, shall be appointed.
2.
The Zoning Officer shall meet the qualifications established by the
Township and shall be able to demonstrate to the satisfaction of the
Township working knowledge of municipal zoning.
3.
The Zoning Officer shall administer this chapter in accordance with
its literal terms and shall not have the power to permit any construction
or any use or change of use which does not conform to this chapter.
4.
The Zoning Officer shall also be the Floodplain Administrator and
shall administer and enforce those portions of this chapter related
to § 27-501.2.2.
5.
The Zoning Officer shall be authorized to institute civil enforcement
proceedings as a means of enforcement.
[Ord. No. 4-2022, 6/9/2022]
It shall be the duty of the Zoning Officer to enforce the provisions
of this chapter and such power and authority as is necessary for enforcement
is hereby conferred upon the Zoning Officer. The Zoning Officer shall
examine all applications for zoning permits and land use, and upon
determination that all proposed activities are in accordance with
the requirements of this chapter and all other relevant ordinances,
shall authorize issuance of zoning permits.
[Ord. No. 4-2022, 6/9/2022]
1.
In the interpretation and application, the provisions of this chapter
shall be held to be minimum requirements, adopted for the protection
of the public health, safety, morals or general welfare. Wherever
the requirements of this chapter are at variance with the requirements
of any other lawful adopted rules, regulations or ordinances, including
other portions of this chapter, the most restrictive or that imposing
the higher standards shall govern.
2.
In interpreting the language of this chapter to determine the extent
of the restriction upon the use of the property, the language shall
be interpreted, where doubt exists as to the intended meaning of the
language adopted by the Township Board of Supervisors, in favor of
the property owner and against any implied extension of the restriction.
[Ord. No. 4-2022, 6/9/2022]
1.
If it appears to the Township that a violation of this chapter has
occurred, the Township shall initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
2.
The enforcement notice shall be sent to the owner of record of the
parcel on which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding that
parcel and to any other person requested in writing by the owner of
record.
3.
An enforcement notice shall be in writing and shall state at least
the following:
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, and an outline of remedial action which, if taken,
will, effect compliance with the 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.
That the recipient of the notice has the right to appeal to the Township
Zoning Hearing Board.
F.
That failure to comply with the notice within the time specified,
unless extended by appeal to the Township Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
4.
In any appeal of an enforcement notice to the Zoning Hearing Board,
the Township shall have the responsibility of presenting its evidence
first.
[Ord. No. 4-2022, 6/9/2022]
In case 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 Township Board
of Supervisors or, with the approval of the Township Board of Supervisors,
an officer of the Township, or 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 institute 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. 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 Township Board of Supervisors.
No such action may be maintained until such notice has been given.
[Ord. No. 4-2022, 6/9/2022]
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of no less than $300 and not more than
$1,000 plus court costs and reasonable attorney fees and other fees
that the Township may have incurred in relation to this violation.
In default of payment of said fine and costs, the sentenced violator
will be sentenced to a term of imprisonment not to exceed 90 days
per event/violation. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate violation/offense.
[Ord. No. 4-2022, 6/9/2022]
The Township Zoning Hearing Board shall hear and decide appeals
pursuant to the provisions of the Pennsylvania Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 4-2022, 6/9/2022]
Appeals and applications to the Township Zoning Hearing Board
from the terms of this chapter shall be filed with the Zoning Officer
and shall contain:
1.
The name and address of the applicant.
2.
The name and address of the owner of the real estate involved in
the appeal.
3.
A brief description and location of the real estate involved in the
appeal.
4.
A statement of the present zoning classification of the involved
real estate and a description of the improvements thereon and the
present use thereof.
5.
Reference to the section of this chapter under which the appeal or
application is filed or, reference to the section of this chapter
governing the situation in which the alleged erroneous ruling is being
appealed and reasons for the appeal.
6.
An accurate description of the present and/or proposed use intended
to be made, indication the size and use of such proposed use. In addition,
there shall be attached a plot plan of the involved real estate as
required to accompany applications for permits.
7.
An application fee, in an amount as established from time to time
by resolution of the Township Board of Supervisors, which is payable
to the Township of Canton.
[Ord. No. 4-2022, 6/9/2022]
The membership of the Township Zoning Hearing Board shall consist
of three residents of Canton Township appointed by the Township Board
of Supervisors by resolution. Their terms of office shall be three
years and shall be so fixed that the term of office of no more than
one member shall expire each year. The Township Zoning Hearing Board
shall promptly notify the Township Board of Supervisors of any vacancies
which occur. Appointments to fill vacancies shall be only for the
unexpired portion of the term. Members of the Township Hearing Board
shall hold no other office in the Township.
[Ord. No. 4-2022, 6/9/2022]
Any Township Zoning Hearing Board member may be removed for
malfeasance, misfeasance or nonfeasance in office or for other just
cause by majority vote of the Township Board of Supervisors, taken
after the member has received 15 days' advance notice of the
intent to take such a vote. A hearing shall be held in connection
with the vote if the member shall request it in writing.
[Ord. No. 4-2022, 6/9/2022]
1.
The Township Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Township Zoning Hearing Board, but the Township Zoning Hearing Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Township Zoning Hearing Board as provided in § 27-2807.6 of this Part.
2.
The Township Zoning Hearing Board may make, alter and rescind rules
and forms for its procedure, consistent with the ordinances of the
Township and laws of the commonwealth. The Township Zoning Hearing
Board shall keep full public records of its business, which records
shall be the property of the Township, and shall submit a report of
its activities to the Township Board of Supervisors as requested by
the Township Board of Supervisors.
[Ord. No. 4-2022, 6/9/2022]
1.
The Township Zoning Hearing Board may employ or contract for secretaries,
clerks, legal counsel, consultants and other technical and clerical
services. Members of the Township Zoning Hearing Board may receive
compensation for the performance of their duties, as may be fixed
by resolution of the Township Board of Supervisors, but in no case
shall it exceed the rate of compensation authorized to be paid to
the members of the Township Board of Supervisors.
2.
All expenses of the zoning hearing will be the responsibility of
the applicant; refer to Canton Township Fee Schedule.
[Ord. No. 4-2022, 6/9/2022]
The Township Zoning Hearing Board shall conduct hearings and
make decisions in accordance with PA Municipalities Planning Code
Section 908, Hearings.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
[Ord. No. 4-2022, 6/9/2022]
The Township Zoning Hearing Board shall exclusive jurisdiction
to hear and render final adjudications in the following matters:
1.
Substantive challenges to the validity of any land use ordinance,
except those brought before the Township Board of Supervisors pursuant
to Sections 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities
Planning Code, 53 P.S. §§ 10609.1 and 10916.1(a)(2).
2.
Challenges to the validity of any land use ordinance raising procedural
questions or alleged defects in the process of enactment or adoption
which challenges shall be raised by an appeal taken within 30 days
after the effective date of said ordinance.
3.
Appeals from the determination of the Zoning Officer including but
not limited to the granting or denial of any permit, or failure to
act on the application therefore, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot.
4.
Appeals from a determination by the Township Engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance.
5.
Applications for variances from the provisions of this chapter.
6.
Applications for special exceptions pursuant to the provisions of
this chapter.
7.
Appeals from the Zoning Officer's determination under Section
916.2 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.2.
8.
Appeals from the determination of the Zoning Officer or the Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving development controlled by Chapter 17, Stormwater Management; Chapter 22, Subdivision and Land Development, or planned residential development.
[Ord. No. 4-2022, 6/9/2022]
Nothing contained in this article shall be construed to deny
the appellant the right to proceed directly to court where appropriate,
pursuant to the Pennsylvania Rule of Civil Procedure No. 1091, relating
to action in mandamus.
[Ord. No. 4-2022, 6/9/2022]
1.
The Township Zoning Hearing Board shall hear requests for variances
where it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The Township Zoning Hearing Board may
by rule prescribe the form of application and may require preliminary
application to the Zoning Officer. The Township Zoning Hearing Board
may grant a variance, provided that all of the following findings
are made where relevant in a given case:
A.
That 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.
B.
That, because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this chapter and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
C.
That such unnecessary hardship has not been created by the appellant.
D.
That the variance, if authorized, will not alter the essential character
of the neighborhood 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.
E.
That the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
2.
In granting any variance, the Township Zoning Hearing Board may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq., and this chapter.
3.
Unless specifically authorized by the Township Zoning Hearing Board,
the grant of a variance shall expire if a zoning permit, building
permit, or certificate of use and occupancy is not obtained within
one year from the date of grant of variance, unless the Township Zoning
Hearing Board, in its decision, permits a greater period of time.
[Ord. No. 4-2022, 6/9/2022]
A use of land to be permitted only in a particular zoning district
pursuant to the provisions of this chapter and upon approval of a
hearing of the Township Board of Supervisors.
[Ord. No. 4-2022, 6/9/2022]
1.
Where allowances in this chapter have been made for conditional uses,
the Township Board of Supervisors shall have final jurisdiction for
the approval or denial of the conditional use.
2.
An application on a form provided by the Township shall be submitted
by the applicant along with a fee in an amount as established from
time to time by resolution of the Township Board of Supervisors.
3.
The applicant shall submit seven copies of the proposed use to enable
the review of such proposal by the Township. The burden of submitting
adequate data to allow full evaluation of the proposal shall rest
with the applicant.
4.
Conditional uses shall only be granted when the minimum conditions
set forth for the granting of a conditional use have been met.
5.
The Township Board of Supervisors cannot grant variances from any of the requirements of this chapter when granting a conditional use, except that the Supervisors can approve modification of certain requirements as cited in the Subdivision and Land Development Ordinance, Part 3, Classifications of Approval and Applications § 311, Modification and waivers
6.
The Township Board of Supervisors may attach such reasonable conditions
and safeguards as necessary to implement the purpose and goals of
this chapter and the Canton Township Comprehensive Plan, except that
any such conditions shall not be related to off-site transportation
and road improvements.
7.
Prior to granting approval or denying a conditional use application,
the proposal shall first be reviewed by the Canton Township Planning
Committee and may be reviewed by the Washington County Planning Commission.
Furthermore, a minimum of one public hearing shall be held by the
Township Board of Supervisors pursuant to public notice, as required
by the Pennsylvania Municipalities Planning Code. In addition, notice
of said public hearing shall be conspicuously, posted, by the Township,
at least one week prior to the date of hearing at points deemed sufficient
by the Township along the perimeter of the lot which is the subject
of the conditional use request. Written notice of a hearing shall
also be sent by regular mail to the owners of land which abuts the
lot which is the subject of the conditional use request at least one
week prior to the date of hearing, by the Municipal Zoning Officer.
8.
The Township Board of Supervisors shall render a written decision
or, when no decision is called for, make written findings on the conditional
use request within 90 days of the date application being deemed complete
by the Zoning Officer.
9.
The grant of approval of a conditional use shall not relieve the
applicant from filing and having the Township approve any permit,
land development, subdivision or site plan which may be required by
other Township regulations or from otherwise complying with all applicable
Township regulations.
10.
Unless specifically authorized by the Township Board of Supervisors,
the grant of a conditional use shall expire, if a zoning permit, building
permit, or certificate of use and occupancy is not obtained within
12 months from the date of the grant of conditional use. If the conditional
use requires the processing of a subdivision or land development plan,
then the grant of a conditional use shall expire if a zoning permit,
building permit, or certificate of use is not obtained within 24 months
from the date of the grant of the conditional use. However, the Township
Board of Supervisors, in its decision, may grant a greater period
of time.
11.
In addition to the minimum conditions contained in the performance
standards of each conditional use, the applicant must demonstrate
that the following conditions have been addressed to the maximum extent
applicable.
A.
That the use will not adversely affect the health or safety
of residents in the neighborhood or district in which the use is located.
B.
That the use will not overburden existing public services, including
water, sanitary sewer, public roads, storm drainage or other public
improvements.
C.
That the use will not be detrimental to the use or development
of, or change the essential character of, the neighborhood or district
in which the use is proposed. The Township Board of Supervisors shall
consider, at a minimum, the impact of noise, dust, light, odor and
adequacy of parking.
D.
The use shall meet all other requirements of this chapter that
may apply.
[Ord. No. 4-2022, 6/9/2022]
The permission or approval for a land use activity, expressly
granted by the Zoning Hearing Board, after formal application, in
situations where provision therefore is made by the terms of this
chapter.
1.
Where the Township Board of Supervisors in this chapter has stated
special exceptions to be granted or denied by the Township Zoning
Hearing Board pursuant to express standards and criteria, the Township
Zoning Hearing Board shall hear and decide requests for such special
exceptions in accordance with such standards and criteria. In granting
a special exception, the Township Zoning Hearing Board may attach
such reasonable conditions and safeguards. In addition to those expressed
in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as it may deem necessary to implement the purposes of this
chapter.
2.
Unless specifically authorized by the Township Zoning Hearing Board,
the grant of a special exception shall expire if a zoning permit,
building permit, or certificate of use and occupancy is not obtained
within one year from the date of the grant of the special exception;
however, if the grant of a special exception requires the processing
of a subdivision or land development plan, then the grant of the special
exception shall expire if a zoning permit, building permit, or certificate
of use and occupancy is not obtained within two years from the date
of the grant of the special exception, unless the Township Zoning
Hearing Board, in its decision, grants a special exception to permit
a greater period of time.
[Ord. No. 4-2022, 6/9/2022]
1.
It is the intent of this section to set forth the specific conditions that apply to the grant of a special exception by the Township Zoning Hearing Board pursuant to the regulations set forth in § 27-2809.
2.
In addition to the minimum conditions contained in the performance
standards of each special exception use, the applicant must demonstrate
that the following conditions have been addressed to the maximum extent
applicable.
A.
The Township Zoning Hearing Board shall find that the use will not
adversely affect the health or safety of residents in the neighborhood
or district in which the use is located.
B.
The Township Zoning Hearing Board shall find that the use will not
overburden existing public services, including water, sanitary sewer,
public roads, storm drainage or other public improvements.
C.
The Township Zoning Hearing Board shall find that the use will not
be detrimental to the use or development of, or change the essential
character of, the neighborhood or district in which the use is proposed,
and shall consider, at a minimum, the impact of noise, dust, light,
odor and adequacy of parking.
D.
The use shall meet all other requirements of this chapter that may
apply.
[Ord. No. 4-2022, 6/9/2022]
Appeals under § 27-2807.7, Subsection 1, 2, 3, 4, 7, 8 and 9, may be filed with the Township Zoning Hearing Board in writing by the landowner affected, and any officer or agency of the Township or any person aggrieved. Requests for variances pursuant to § 27-2807.9. and special exceptions pursuant to § 27-2809 may be filed with the Township Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
[Ord. No. 4-2022, 6/9/2022]
1.
No person shall be allowed to file any proceeding with the Township
Zoning Hearing Board later than 30 days after an application for development,
preliminary or final, has been approved by an appropriate Township
officer, agency or body if such proceeding is designed to secure reversal
or to limit the approval in any manner unless such person alleges
and proves that he had no notice, knowledge or reason to believe that
such approval had been given If such person has succeeded to his interest
after such approval, he shall be bound by the knowledge of his predecessor
in interest. The failure of anyone other than the landowner to appeal
from an adverse decision on a tentative planned residential development
plan or from an adverse decision by a Zoning Officer on a challenge
to the validity of an ordinance or map pursuant to Section 916.2 of
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.2,
shall preclude an appeal from a final approval except in the case
where the final submission substantially deviates from the approved
tentative approval.
2.
All appeals from determinations adverse to the landowners shall be
filed by the landowner within 30 days after notice of the determination
is issued.
[Ord. No. 4-2022, 6/9/2022]
See Pennsylvania Municipalities Planning Code Section 915.1.[1]
[1]
Editor's Note: See 53 P.S. § 10915.1.
[Ord. No. 4-2022, 6/9/2022]
1.
The Township Board of Supervisors has formed the Planning Committee,
pursuant to the Pennsylvania Municipalities Planning Code, as amended.
2.
The Township Planning Committee shall be bound by the administration,
conduct, powers, duties, procedures, and other functions of their
role as determined by the Township Board of Supervisors in the manner
prescribed by the Pennsylvania Municipalities Planning Code, as amended.
