CUMBERLAND TOWNSHIP PENNSYLVANIA GREENE COUNTY I ZONING ORDINANCE

Transcription

1 CUMBERLAND TOWNSHP GREENE COUNTY PENNSYLVANA ZONNG ORDNANCE

2 ... TABLE OF CONTENTS PART 1 GENERAL PROVSONS A. Prelmnary Provsons: 101 Short Ttle 102 Communty Development Objectves 103 nterpretaton 104 Severablty 105 Repealer 106 Effectve Date B. Legslatve Provsons: 110 Enactment Amendments Procedure for Landowner Curatve Amendments Procedure for Townshp Curatve Amendments C. Enforcement: 121 Appontment and Powers 122 Enforcement Notce 123 Causes of Acton 124 Enforcement Remedes D. Appeal Provsons: 131 Zonng Hearng Board 132 Hearngs 134 Jursdcton 135 Varances 136 Specal Exceptons 137 Partes Appellant Before the Board 138 Tme Lmtatons 139 Stay of Procedures E, Admnstratve Provsons: 140 Dutes of Zonng Offcer 141 Zonng Permts Requred 142 Applcaton Requrements 143 Fees 144 Lfe of Permt 145 Certfcate of Occupancy 146 Medaton Opton ,

3 TABLE OF CONTENTS-CONTNUED PART 2 DEFNTONS 201 Applcable Defntons ~ '- PART 3 ESTABLSHMENT AND DESGNATON OF DSTRCTS 301 Establshment of Dstrcts 302. Zonng Map 303 nterpretaton of Boundares PART 4 DSTRCT REGULATONS 401 Schedule of Regulatons Applcaton of Regulatons 4-25 Schedule --Use Controls Schedule --Bulk and Coverage Controls PART 5 SUPPLEMENTARY LOT REGULATONS 501 Lot Regulatons Heght Regulatons Yard Regulatons Maxmum Coverage Mnmum Yard Regulatons n Accessory Structures PART 6 SUPPLEMENTARY REGULATONS GOVERNNG SPECAL USES 601 Specal Uses Automoble Servce Mscellaneous Uses ndustral Performance Standards Extractve ndustres Processng and Storage PART 7 NONCONFORMNG LOTS, USES OF LAND STRUCTURES AND PREMSES 701 ntent of Regulatons Nonconformng Lots of Record Nonconformng Uses of Land Nonconformng Structures to Bulk 705 and Coverage Controls 7-45 Nonconformng Uses of Structures or of Structures and Premses n Combnaton Repars and Mantenance Uses Under Specal Use Provsons 7-47 Not Nonconformng Uses

4 TABLE OF CONTENT-CONTNUED PART 8 RESOLUTON AND FEES 801 Resoluton of Ordnance Amendment 8-49 Schedule 111--Fee Schedule 8-59

5 ORDNANCE AN ORDNANCE OR CUMBERLAND TOWNSHP DEFNNG AND REGULATNG THE LOCATON, HEGHT, BULK, ERECTON, CONSTRUCTON, ALTERATON, RAZNG, REMOVAL AND SZE OF STRUCTURES; THE PERCENTAGE OF LOT WHCH MAY BE OCCUPED; THE SZE OF YARDS, COURTS, AND OTHER OPEN SPACES; THE DENSTY AND DSTRBUTON OF THE POPULATON; THE NTENSTY OF THE USE OR PROPOSED USE OF LAND OR BODES OF WATER FOR AGRCULTURE, BUSNESS, ENVRONMENT, NDUSTRY, RESDENCE, PUBLC SERVCES OR OTHER PURPOSES; ESTABLSHNG LEGSLATVE, ADMNSTRATVE ENFORCEMENT AND APPEAL PROCEDURES; AND PRESCRBNG REMEDES FOR VOLATONS. Part 1 GENERAL PROVSONS Secton 101. Short Ttle. Ths Ordnance shall be known as and may be cted as the Cumberland Townshp Zonng Ordnance, Aprl, 1986, as amended Secton 102. Communty Development Objectves. [53 P.S ]. The purpose of ths Ordnance s the mplementaton of the Townshp Comprehensve Plan and the promoton of the health, safety, morals, convenence, order and welfare of present and future nhabtants of Cumberland Townshp by: 1. Provdng standards to control the amount of open space and mpervous surfaces wthn a development and to control the ntensty of development n areas of senstve natural resources or natural features n order to reduce or elmnate adverse envronmental mpacts. '8.0 t 2. Provdng methods to mplement Artcle 1, Secton 27 of the Consttuton of the Commonwealth of Pennsylvana, whch decrees that the people have a rght to clean ar, to pure water, to the preservaton of the natural, scenc, hstorc and aesthetc values of the envronment, and to protect the natural resources whch are a part of the ecologcal system to whch we are all bound and, whch s, therefore, the common property of all the people, ncludng generatons yet to come, andmust be protected to nsure the health, safety and welfare of all the people. 3. Provdng standards for all types of dwellng unts so that all the people may have access to decent, sound and santary housng, and to meet the goals of the Federal Housng Act of 1949, provdng adequate zonng to meet a far share of the regon's housng need n the year Controllng and regulatng the growth of Cumberland Townshp,n terms of the communty's facltes and utltes. 1-1

6 5. Lessenng the danger and congeston of traffc on the roads and hghways and reducng the excessve numbers or roads. 6. Securng safety f'rom fre, panc, flood, and other dangers. 7. Provdng adequate ar and lght. 8. Protectng the tax base. 9. Securng economy n local government expendtures. Secton 103. nterpretaton. n nterpretng and applyng the provsons of ths Ordnance, these provsons shall be held to be the mnmum requrements for the promoton of the publc health, safety, comfort, convenence, and general welfare. 1. Whenever any regulatons made under the authorty of ths Ordnance requre a greater wdth or sze of yards, courts or other open spaces, or requre a lower heght of buldng or a smaller number of stores, or requre a greater percentage of lot to be left unoccuped, or mposes hgher standards other than those whch are requred n or under any other statute, the provsons of the regulatons made under the authorty of ths Ordnance shall govern. 2. Whenever the provsons of any other statute requre a greater wdth or sze of yards, courts or other open spaces, or requre a lower heght of buldng or a smaller number of stores, or requre a greater percentage of lot to be left unoccuped, or mpose hgher standards other than those whch are requred by any regulatons made under the authorty of ths Ordnance, the provsons of such statute shall govern. 3. Whenever any regulatons pertanng to a specfc use or actvty under the authorty of ths Ordnance requre a greater wdth or sze of yards, court or other open spaces, or requre a lower heght of buldng or a smaller number of stores, or requre a greater percentage of lot to be left unoccuped, or mpose hgher standards other than those whch are requred under ths Ordnance, the greater or hgher standards shall govern. 4. Ths Ordnance does not repeal, abrogate, annul, or n any way mpar or nterfere wth exstng provsons of other laws or ordnances, except those specfcally or mplctly repealed by ths Ordnance, or any prvate restrcton placed upon property by covenant, deed, or other prvate agreement, unless repugnant hereto. 1-2

7 5. Those provsons n the Greene County Subdvson and Land Development Ordnance concerned wth varyng desgn standards shall not be consdered to be n conflct wth the provsons of ths Ordnance. Secton 104. Severablty. t s hereby declared to be n the ntent of the Cumberland Townshp Supervsors that: 1. f a court of competent jursdcton declares any provsons of ths Ordnance to be nvald or neffectve, n whole or n part, the effect of such decson shall be lmted to those provsons whch are expressly stated n the decson to be nvald or neffectve, and all other provsons of ths Ordnance shall contnue to be separately and fully effectve. 2. f a court of competent jursdcton fnds the applcaton of any provson or provsons of ths Ordnance to any lot, buldng or any other structure or tract of land to be nvald or neffectve, n whole or n part, the effect of such a decson shall be lmted to the person, property or stuaton mmedately nvolved n the controversy; the applcaton of any such provson to other persons, property or stuatons shall not be affected. Secton 105. Repealer. All ordnances nconsstent herewth are hereby repealed. Specfcally, the followng ordnances are repealed n ther ent ret y : Secton 106. Effectve Date. Ths Ordnance shall become effectve, as amended on B. LEGSLATVE PROVSONS Secton 110. Enactment of the Zonng Ordnance. Ths Ordnance s hereby enacted pursuant to the provsons of the Pennsylvana Muncpaltes Plannng Code, 53 P.S et seq. [53 P.S Secton 111. Enactment of Zonng Ordnance. [53 P.S The Cumberland Townshp Supervsors may from tme t o tme amend, supplement, or repeal any of the regulatons and provsons of ths Ordnance. The procedure for the preparaton of a proposed' zonng ordnance as set forth n 5607 of the Pennsylvana Muncpaltes Plannng Code, 53 P.S , s hereby declared optonal. 1-3

8 2. Before votng on the enactment of an amendment, the Cumberland Townshp Supervsors shall hold a publc hearng thereon, pursuant to publc notce. n addton, f the proposed amendment nvolves a zonng map change, notce of sad publc hearng shall be conspcuously posted by the Townshp at ponts deemed suffcent by the Townshp along the permeter of the tract to notfy potentally nterested ctzens. The affected tract or area shall be posted at least one (1) week pror to the date of the hearng. 3. n the case of an amendment other than that prepared by the Plannng Commsson the Townshp Supervsors shall submt each such amendment to the Plannng Commsson at least thrty (30) days pror to the hearng on such proposed amendment to provde the Plannng Commsson an opportunty to submt recommendatons. 4. f, after any publc hearng held upon an amendment, the proposed amendment s changed substantally, or s revsed, to nclude land prevously not affected by t, the Townshp Supervsors shall hold another publc hearng, pursuant to publc notce, before proceedng to vote on the amendment. 5. At least thrty (30) days pror.to the publc hearng on the amendment by the Townshp Supervsors, the Townshp shall submt the proposed amendment to the Greene County Plannng Commsson for recommendatons. 6. Wthn thrty (30) days after enactment, a copy of the amendment to ths Ordnance shall be forwarded to the Greene County Plannng Commsson. Secton 112. Procedure for Landowner Curatve Amendments. [53 P.S ] 1. A landowner who desres to challenge on substantve grounds the valdty of ths Ordnance or the Zonng Map or any provson thereof, whch prohbts or restrcts the use or development of land n whch he has an nterest may submt a curatve amendment to the Townshp Supervsors wth a wrtten request that hs challenge and proposed amendment he heard and decded as provded n of the Pennsylvana Muncpaltes Plannng Code, (herenafter "MPC"), 53 P. S The curatve amendment and chal lenge shall be referred to the Townshp Plannng Commsson and the County Plannng Commsson as provded n 5609 and notce of the hearng thereon shall be gven as provded n and of the MPC, 53 P.S. SS10609, 10610, and j. 1-4

9 2. The hearng shall be conducted n accordance wth 908 of the MPC, 53 P.S , and all references theren to the Zonng Hearng Board shall, for purposes of ths Secton be references to the Townshp Supervsors. f the Townshp does not accept a landowner's curatve amendment brought n accordance wth ths Subsecton and a court subsequently rules that the challenge has mert, the court's decson shall not result n a declaraton of nvaldty for ths entre Ordnance and Zonng Map, but only for those provsons whch specfcally relate to the landowner's curatve amendment and challenge. 3. The Townshp Supervsors, f t determnes that a valdty challenge has mert, may accept a landowner's curatve amendments, wth or wthout revson, or may adopt an alternatve amendment whch wll cure the challenge defects. The Townshp Supervsors shall consder the curatve amendments, plans and explanatory materal submtted by the landowner and shall also consder: A. The mpact of the proposal upon roads, sewer facltes, water supples, schools and other publc servce facltes; B. f the proposal s for a resdental use, the mpact of the proposal upon regonal housng needs and the effectveness of the proposal n provdng housng unts of a type actually avalable to and affordable by classes of persons otherwse unlawfully excluded by the challenged provsons of ths Ordnance or Zonng Map. C. The sutablty of the ste for the ntensty of use proposed by the ste's sols, sl'opes, woodlands, wetland, flood plans, aqufers, natural resources and other natural,?l features.;. $' D. The mpact of the proposed use on the ste's sols, slopes, woodlands, wetlands, flood plans, natural resources and natural features, the degree to whch these are protected or destroyed, the tolerance of the resources to development and any adverse envronmental mpacts; and E. The mpact of the proposal on the preservaton of agrculture and other land uses whch are essental to publc health and welfare

10 Secton 113. Procedure for Townshp Curatve Amendments. [53 P.S ]. f the Townshp determnes that ths Ordnance, or any porton thereof, s substantally nvald, t shall take the followng actons: 1. The Townshp shall declare by formal acton, ths Ordnance or portons hereof substantally nvald and propose to prepare a curatve amendment to overcome such nvaldty. Wthn thrty (30) days of such declaraton and proposal the Townshp shall: A. By resoluton make specfc fndngs settng forth the declared nvaldty of ths Ordnance whch may nclude: 1. References to specfc uses whch are ether not permtted or not permtted n suffcent quantty; 2. References to a class of use or uses whch requres revson; or, 3. References to ths entre ordnance whch requres revsons. B. Begn to prepare and consder a curatve amendment to ths Ordnance to correct the declared nvaldty. 2. Wthn one hundred eghty (180) days from the date of the declaraton and proposal, the Townshp shall enact a curatve amendment to valdate, or reaffrm the valdty of, ths Ordnance pursuant to the provsons of 5609 of the Pennsylvana Muncpaltes Plannng Code, 53 P.S. S10609, n order to cure the declared nvaldty of ths Ordnance. 3. Upon the ntaton of the procedures as set forth n Subsecton (1), the Townshp Supervsors shall not be requred to entertan or consder-any landowner's curatve amendment fled under of the MPC, 53 P.S , nor shall the Zonng Hearng Board be requred to gve a report requested under or of the MPC, 53 P.S , , subsequent to the declaraton and proposal based upon the grounds dentcal or substantally smlar to those specfed by the resoluton requred by Subsecton (1): (A). Upon completon of the procedures set forth n Subsectons (1) and ( 2), no rghts to a cure pursuant to the provsons of and of the MPC, 53 P.S , , shall, from the date of the declaraton and proposal, accrue to any landowner on the bass of the substantve nvaldty of ths Ordnance for whch there has been a curatve amendment pursuant to ths Secton. 1-6

11 4. The Townshp, havng utlzed the procedures set forth n ths Secton, may not agan utlze sad procedure for a perod of thrty-sx (36) months followng the date of enactment of a curatve amendment, or reaffrmaton of the valdty of ths Ordnance; provded, however, f after the date of declaraton and proposal there s a substantally new duty mposed upon the Townshp by vrtue of a change n statute or by vrtue of a Pennsylvana Appellate Court decson, the Townshp may utlze the provsons of ths Secton to propose a curatve amendment to ths Ordnance to fulfll sad duty or oblgaton. C. ENFORCEMENT PROVSONS Secton 121. Appontment and Powers of Zonng Offcer. [53 P.S l. 1. For the admnstraton of ths Ordnance, a Zonng Offcer, who shall not hold any electve offce n the Townshp, shall be apponted. 2. The Zonng Offcer shall meet the qualfcatons establshed by the Townshp and shall be able to demonstrate to the satsfacton of the Townshp a workng knowledge of muncpal zonng. 3. The Zonng Offcer shall admnster ths Ordnance n accordance wth ts lteral terms, and shall not have the power to permt any constructon or any use or change of use whch does not conform to ths Ordnance. 4. The Zonng Offcer s hereby authorzed to nsttute cvl enforcement proceedngs as a means of enforcement when actng wthn the scope of hs employment. Secton 122. Enforcement Notce. [53 P.S f t appears to the Zonng Offcer that a volaton of ths Ordnance has occurred, the Zonng Offcer shall ntate enforcement proceedngs by sendng an enforcement notce as provded n ths Secton. 2. The enforcement notce shall be sent to the owner of record of the parcel on whch the volaton has occurred, to any person who has fled a wrtten request to receve enforcement notces regardng that parcel, and to any other person requested n wrtng by the owner of record. 1-7

12 3. An enforcement notce shall state at least the followng: A. The name of the owner of record and any other person aganst whom the Zonng Offcer ntends to take acton. B. The locaton of the property n volaton. C. The specfc volaton wth a descrpton of the requrements whch have not been met, ctng n each nstance the applcable provsons of ths Ordnance. D. The date. before whch the steps for complance must be commenced and the date before whch the steps must be completed. E. That the recpent of the notce has the rght to appeal to the Zonng Hearng Board wthn a perod of ten (10) days. F. That falure to comply wth the notce wthn the tme specfed, unless extended by appeal to the Zonng Hearng Board, consttutes a volaton, wth possble sanctons clearly descrbed. Secton 123. Causes of Acton. n case any buldng, structure, landscapng or land s, or s proposed to be, erected, constructed, reconstructed, altered, converted, mantaned or used n volaton of ths Ordnance, the Townshp Supervsors or, wth the approval of the Townshp Supervsors, an of-fcer of the Townshp, or any aggreved owner or tenant of real property who shows that hs property or person wll be substantally affected by the alleged volaton, n addton to other remedes, may nsttute any approprated acton or proceedng to prevent, restran, correct or abate such buldng, structure, landscapng or land, or to prevent, n or about such premses, any act, conduct, busness or use consttutng a volaton. When any such actn s nsttuted by a landowner or tenant, notce of that acton shall be served upon the Townshp at least thrty (30) days pror to the tme the acton s begun by servng a copy of the complant on the Townshp Supervsors. No such acton may be mantaned untl such notce has been gven. [53 P.S ' Secton 124. Enforcement Remedes. [53 P.S Any person, partnershp or corporaton who or whch has volated or permtted the volaton of the provsons of ths ordnance shall, upon beng found lable therefor n a cvl enforcement proceedng commenced by the Townshp, pay judgment of not more than fve hundred ($500) plus all court costs, ncludng reasonable attorney fees ncurred by the Townshp as a result thereof., 1-8

13 : No judgment shall commence or be mposed, leved or payable untl the date of the determnaton of a volaton by the Dstrct Justce. f the defendant nether pays nor tmely appeals the judgment, the Townshp may enforce the judgment pursuant to the applcable rules of cvl procedure. Each day that a volaton contnues shall consttute a separate volaton, unless the Dstrct Justce, determnng that there has been a volaton, further determnes that there was a good fath bass for the person, partnershp or corporaton volatng ths Ordnance to have beleved that there was no such volaton, n whch event there shall be deemed to have been only one (1) such volaton untl the ffth (5) day followng the date of the determnaton of a volaton by the Dstrct Justce and thereafter each day that a volaton contnues shall consttute a separate volaton. 2. The Court of Common Pleas, upon petton, may grant an Order of Stay, upon cause shown, tollng the per dem fne pendng a fnal adjudcaton of the volaton and judgment. 3. Nothng contaned n ths Secton shall be construed or nterpreted to grant to any person or entty other than the Townshp the rght to commence any acton for enforcement pursuant to ths Secton. 4. Dstrct Justces shall have ntal jursdcton over proceedngs brought under ths Secton. [53 P.S. S D. APPEAL PROVSONS Secton 131. Zonng Hearng Board. [53 P.S J. 1. There s hereby created for the Townshp a Zonng Hearng Board n accordance wth the provsons of Artcle X of the Pennsylvana Muncpaltes Plannng Code, 53 P.S et seq. 2. The membershp of the Board shall consst of fve ( 5) resdents of the Townshp apponted by resoluton by the Townshp Supervsors. The terms of offce shall be fve (5) years and shall be fxed that the term of offce of one (1) member shall expre each year. The Board shall promptly notfy the Townshp Supervsors of any vacances whch occur. Appontments to fll vacances shall be only for the unexpred porton. Members of the Board shall hold no other offce n the Townshp. [53 P.S (a)]

14 [The Governng Body may appont by resoluton at least one but no more than three resdents of the Townshp to serve as alternate members of the Board. The term of offce of an alternate member shall be three years. When seated pursuant to the provsons of ths Subsecton, an alternate shall be enttled to partcpate n all proceedngs and dscussons of the Board to the same and full extend as provded by law for Board Members, ncludng specfcally the rght to cast a vote as a votng member durng the proceedng, and shall have all the powers and dutes set forth n ths Ordnance and as otherwse provded by law. Alternates shall hold no other offce n the Townshp ncludng membershp on the Plannng Commsson and Zonng Offcer. Any alternate may partcpate n any proceedng or dscusson of the Board but shall not be enttled to vote as a member of the Board nor be compensated pursuant to Subsecton 6 unless desgnated as a votng alternate member pursuant to ths Secton.] [53 P.S (b)]. [f, by reason of absence or dsqualfcaton of a member, a quorum s not reached, the Charman of the Board shall desgnate as many alternate members of the Board to st on the Board as may be needed to provde a quorum. Any alternate member of the Board shall contnue to serve on the Board n all proceedngs nvolvng the matter or case for whch the alternate was ntally apponted untl the Board has made a fnal determnaton of the matter or case. Desgnaton of an alternate pursuant to ths Secton shall be made on a case-by-case bass n rotaton accordng to declnng senorty among all alternates]. [53 P.S. lo906 (b)]. 3. Any Board member may be removed for malfeasance, msfeasance or nonfeasance n offce or for other just cause by a majorty vote of the Townshp Supervsors whch apponted the member, taken after the member has receved ffteen (15) days' advance notce of the ntent to take such a vote. A hearng shall be held n connecton wth the vote f the member shall request n wrtng. [53 P.S The Board shall elect from ts own membershp ts offcers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearng and the takng of any acton a quorum shall be not less than a majorty of all members of the Board, but the Board may appont a Hearng Offcer from ts own membershp to conduct any hearng on ts behalf and the partes may wave further acton by the Board as provded n ths Ordnance. [53 P.S (all. 1-10

15 5. The Board may make, alter and rescnd rules and forms for ts procedure, consstent wth ordnance of the Townshp and laws of the Commonwealth. The Board shall keep full publc records of ts busness, whch records shall be the property of the Townshp and shall submt a report of ts actvtes to the Townshp Supervsors as requested by the Townshp Supervsors. [53 P.S (c)]. 6. Wthn the lmts of funds approprated by the Townshp Supervsors, the Board may employ or contract for secretares, clerks, legal counsel, consultants and other techncal and clercal servces. Members of the Board may receve compensaton for the performance of ther dutes, as may be fxed by the Townshp Supervsors, but n no case shall t exceed the rate of compensaton authorzed to be pad to the members of the Townshp Supervsors. [53 P.S ]. 7. The Board shall refer all applcatons to the Townshp Plannng Commsson to enable Commsson to comment to Board pror to decson. Comment to Board from the Plannng Commsson wll relate to approprate land use. Secton 132. Hearngs. [53 P.S ]. The' Zonng Hearng Board shall conduct hearngs and make decsons n accordance wth the followng requrements: 1. Publc notces shall be gven and wrtten notce shall be gven to the applcant, the Zonng Offcer and to any person who has made tmely request for the same. Wrtten notce shall be gven at such tme and n such manner as shall be prescrbed by rules of the Board. n addton to the wrtten notce provded heren, wrtten notce of sad hearng shall be conspcuously posted on the affected tract of land at least one (1) week pror to the hearng. 2. The hearng shall be held wthn sxty (60) days from the date of the applcant's request, unless the applcant has agreed n wrtng to an extenson. 3. The hearng shall be conducted by the Board or the Board may appont any member as a Hearng Offcer. The decson, or, where no decson s called for, the fndngs shall be made by the Board, however, the appellant or the applcant, as the case may be, n addton to the Townshp may, pror to the decson of the hearng, wave decson or fndngs by the Board and accept the decson or fndngs of the Hearng Offcer as fnal. 1-11

16 4. The partes to the hearng shall be the Townshp, any person affected by the applcaton who has made tmely appearance of record before the Board, any other person ncludng cvc or communty organzatons permtted to appear by the Board. The Board shall have power to requre that all persons who wsh to be consdered partes enter appearances n wrtng on form provded by the Board for that purpose. 5. The Charman or Actng Charman of the Board or the Hearng Offcer presdng shall have power to admnster oaths and ssue subpoenas to compel the attendance of wtnesses and the producton of relevant documents and papers, ncludng wtnesses and documents requested by the partes. 6. The partes shall have the rght to be represented by counsel and shall be afforded the opportunty to respond and present evdence and argument and cross-examne adverse wtnesses on all relevant ssues : ' 7. Formal rules of evdence shall not apply, but rrelevant, mmateral, or unduly repettous evdence may be excluded. 8. The Board or the Hearng Offcer, as the case may be, shall keep a stenographc record of the proceedngs. The appearance fee for a stenographer shall be shared equally by the applcant and the Board. The cost of the orgnal transcrpt shall be pad by the Board f the transcrpt s ordered by the Board or Hearng Offcer or shall be pad by the person appealng from the decson of the Board f such appeal s made, and n ether event the cost of addtonal copes shall be pad by the person requestng such copy or copes. n other cases the party requestng the orgnal transcrpt shall bear the cost thereof. 9. The Board or the Hearng Offcer shall not communcate, drectly or ndrectly wth any party or hs representatves n connecton wth any ssue nvolved except upon notce and opportunty for all partes to partcpate, shall not take notce any communcaton, reports, staff memoranda, or other materals, except advce from ther solctor, unless the partes are afforded an opportunty to contest the materal so notced and shall not nspect the ste or ts surroundngs after the commencement of hearngs wth any party or hs representatve unless all partes are gven an opportunty to be present.!. 10. The Board or Hearng Offcer, as the case may be, shall render a wrtten decson or, when no decson s called for, make wrtten fndngs on the applcaton wthn forty-fve (45) days after the last hearng before the Board or Hearng Offcer. Where the 1-12

17 applcaton s contested or dened, each decson shall be accompaned by fndngs of fact and conclusons based thereon together wth the reasons therefor. Conclusons based on any provson of ths Ordnance or of any law ordnance, rule or regulaton shall contan a reference to the provson reled on and the reasons why the concluson s deemed approprate n the lght of the facts found. f the hearng s conducted by a Hearng Offcer,and there had been no stpulaton that hs decson or fndngs are fnal, the Board shall make hs report and recommendatons avalable to the partes wthn forty-fve (45) days and the partes shall be enttled to make wrtten representatons thereon to the Board pror to fnal decson or entry of fndngs, and the Board's decson shall be entered no later than thrty (30) days after the report of the Hearng Offcer. Where the Board fals to render the decson wthn the perod requred by ths Subsecton, or fals to hold the requred hearng wthn sxty (60) days from the date of the applcant's request for a hearng, the decson shall be deemed to have been rendered n favor of the applcant unless the applcant has agreed n wrtng or on' the record to an extenson of tme. When a decson has been rendered n favor of the applcant because of the falure of the Board to meet or render a decson as herenabove provded, the Board shall gve publc notce of the sad decson wthn ten (10) days from the last day t could have met to render a decson n the same manner as provded n Subsecton (1) of ths Secton. f the Board shall fal to provde such notce, the applcant may do so. Nothng n ths Subsecton shall prejudce the rght of any party opposng the applcaton to appeal the decson to a court of competent jursdcton. 11. A copy of the fnal decson or, where no decson s called for, of the fndngs shall be delvered to the applcant personally or maled to hm not later than the day followng ts date. To all other persons who have fled ther name and address wth the Board not later than the last day of the hearng, the Board shall provde by mal or otherwse, bref notce of the decson or fndngs and a statement of the place at whch the full decson or fndngs may be examned. 12. The Townshp Supervsors shall establsh, by resoluton, fees wth respect to hearngs before the Zonng Hearng Board. Secton 134. Jursdcton. [53 P.S ]. 1. The Zonng Hearng Board shall have exclusve jursdcton to hear and render adjudcaton n the followng matters: A. Substantve challenges to the valdty of any land 'use. ordnance, except those brought before the Townshp Supervsors pursuant to SS609.1 and (a) (2) of the Pennsylvana Muncpaltes Plannng Code, 53 P.S ,

18 B. Challenges to the valdty of a land use ordnance rasng procedural questons or alleged defects n the process of enactment or adopton whch challenges shall be rased by an appeal taken wthn thrty (30) days after the effectve date of sad Ordnance. Where the Ordnance appealed from s the ntal zonng ordnance of the Townshp and a Zonng Hearng Board had not been prevously establshed, the appeal rasng procedural questons shall be taken.drectly to court. C. Appeals for the determnaton of the Zonng Offcer, ncludng, but not lmted to, the grantng or denal of any permt, or falure to act on the applcaton therefore, the ssuance of any cease and desst order or the regstraton or refusal to regster any nonconformng use, structure or lot. D. Appeals from a determnaton by the Townshp engneer or the Zonng Offcer wth reference to the admnstraton of any flood plan or flood hazard ordnance or such provsons wthn a land use ordnance. E. Applcatons for varances from the terms of ths Ordnance and flood hazard ordnance or such provsons wthn a land use ordnance, pursuant to of the MPC, 53 P.S. SlO9lO. 2. F. Applcaton for specal exceptons under ths Ordnance or flood plan or flood hazard ordnance or such provsons wthn a land use ordnance, pursuant to of the MPC, 53 P.S. S G. Appeals from the determnaton of any offcer or agency charged wth the admnstraton of any transfers of development rghts or performance densty provsons of ths Ordnance. H. Appeals from the Zonng Offcer s determnaton under of the MPC, 53 P.S Appeals from the determnaton of the Zonng Offcer or Townshp engneer n the admnstraton of any land use ordnance or provson thereof wth reference to sedmentaton and eroson control and storm water management nsofar as the same relate to development not nvolvng applcatons under Artcle V or V1 of the MPC, 53 P.S et seq., et seq. 2. The Townshp Supervsors shall have exclusve jursdcton to hear and render fnal adjudcatons n the followng matters: 1-14

19 A. All applcatons for approvals of planned resdental developments under Artcle V1 of the MPC pursuant to the provson of 5702 of the MPC, 53 P.S B. All applcatons pursuant to 5508 of the MPC, 53 P.S , for approval of subdvsons or land developments under Artcle V of the MPC, 53 P.S et seq. C. Applcatons for condtonal use under the Express provson of ths Ordnance. D. Applcatons for curatve amendment to ths Ordnance or pursuant to and (a) of the MPC, 53 P.S , (a). E. All pettons for amendments to land use ordnances, pursuant to the procedures set forth n 609 of the MPC, 53 P.S F. Appeals from the determnaton of the Zonng Offcer or the Townshp engneer n the admnstraton of any land use ordnance or provsons thereof wth reference to sedmentaton and eroson control and storm water management nsofar as the same relate to applcatons for land development under Artcles V and V1 of the MPC, 53 P.S et seq., et seq. Where such determnaton relates only to development not nvolvng and Artcle V or V1 applcaton, the appeal from such determnaton of the Zonng Offcer or the Townshp engneer shall be to the Zonng Hearng Board pursuant to ths Secton. Where the applcable land use ordnance vests jursdcton for fnal admnstraton of subdvson and land development applcatons n the Plannng Commsson, all appeals from determnatons under ths subsecton shall be to the Plannng Commsson and all appeals from the decson of the Plannng Commsson shall be to court. 3 Secton 135. Varances. [53 P.S. SlOSlO.O]. 1. The Zonng Hearng Board shall hear requests for varances where t s alleged that the provsons of ths Ordnance nflct unnecessary hardshp upon the applcant. The Board may by rule prescrbe the form of applcaton and may requre prelmnary applcaton to the Zonng Offcer. The Board may grant a varance, provded that a1 1 of the f 01 lowng fndngs are made where relevant n a gven case: A. That there are unque physcal crcumstances or condtons, ncludng rregularty, narrowness, or shallowness of lot sze of shape, or exceptons topographcal or other physcal 1-15

20 condtons pecular to the partcular property and that the unnecessary hardshp s due to such condtons and not the crcumstance or condtons generally created by the provsons of ths Ordnance n the neghborhood or dstrct n whch the property s located. B. That because of such physcal crcumstance or condtons, there s no possblty that the property can be developed n strct conformty wth the provsons of ths Ordnance and that the authorzaton of a varance s therefore necessary to enable the reasonable use of the property. C. That such unnecessary hardshp has not been created by the applcant. D. That the varance, f authorzed, wll no alter the essental character of the neghborhood or dstrct.n whch the property s located, nor substantally or permanently mpar the approprate use or development of adjacent property, nor be detrmental to the publc welfare. E. That the varance, f authorzed, wll represent the mnmum varance that wll afford relef and wll represent the least modfcaton possble of the regulaton n ssue. 2. n grantng any varance, the Board may attach such reasonable condtons and safeguards as t may deem necessary to mplement the purposes of ths Ordnance and the Pennsylvana Muncpaltes Plannng Code, 53 P.S. lo101 et seq. Secton 136. Specal Exceptons. Where the Townshp Supervsors, n ths Ordnance, have stated specal exceptons to be granted or dened by the Zonng Hearng Board pursuant to express standards and crtera, the Board shall hear and decde requests for such specal exceptons n accordance wth such standards and crtera. n grantng a specal excepton, the Board may attach such reasonable condtons and safeguards, n addton to those expressed n ths Ordnance, as t may deem necessary to mplement the purposes of ths Ordnance and the Pennsylvana Muncpaltes Plannng Code, 53 P.S. lo101 et seq. [53 P.S Secton 137. Partes Appellant Before the Board. Appeals rasng the substantve valdty of any land use ordnance (except those to be brought before t'he Townshp Supervsors pursuant to the Pennsylvana Muncpaltes Plannng Code, procedural questons or alleged defects n 1-16

21 the process of enactment or adopton of a land use ordnance; or from the determnaton of the Zonng Offcer, ncludng, but not lmted to, the grantng or denal of any permt, or falure to act on the applcaton therefor, the ssuance of any cease and desst order to the regstraton or refusal to regster any nonconformng use, structure or lot; from a determnaton by the Townshp engneer or the Zonng Offcer wth reference to the admnstraton of any flood plan or flood hazard ordnance or such provson wthn a land use ordnance; from the determnaton of any offcer or agency charged wth the admnstraton of any land use ordnance or provsons thereof wth reference to sedmentaton and eroson control and storm water management nsofar as the same related to development not nvolvng subdvson and land development or planned resdental development may be fled wth the Zonng Hearng Board n wrtng by the landowner affected, any offcer or agency of the Townshp or any person aggreved. Requests for the varance and for specal excepton may be fled wth the Board by any landowner or any tenant wth the permsson of such landowner. [53 P.S. S Secton 138. Tme Lmtatons. [53 P.S ]. 1. No person shall be allowed to fle any proceedng wth the Zonng Hearng Board later than thrty (30) days after an applcaton for development, prelmnary or fnal, has been approved by the Townshp f such proceedng s desgned to secure reversal or to lmt the approval n any manner unless such person alleges and proves that he had no notce, knowledge or reason to beleve that such approval had been gven. f such person has succeeded to hs nterest after such approval, he shall be bound by the knowledge of hs predecessor n nterest. The falure of anyone other than the landowner to appeal from an adverse decson of a tentatve plan or from an adverse decson by the Zonng Offcer on a challenge to the valdty of ths Ordnance or an amendment hereto or map or an amendment thereto shall preclude an appeal from a fnal approval except n the case where the fnal submsson substantally devates from the approved tentatve approval. 2. All appeals from determnatons adverse to the landowner shall be fled by the landowner wthn thrty (30) days after notce of the determnaton s ssued. Secton 139. Stay of Procedures. [53 P.S. Sl Upon flng of any appeal proceedng before the Zonng Hearng Board and durng ts pendency before the Boards, all land development pursuant to any challenged ordnance, order or approval 1-17

22 of the Zonng Offcer or of any agency or body, and all offcal acton thereunder, shall be stayed unless the Zonng Offcer or any other approprate agency or body certfes to the Board facts ndcatng that such stay would cause mmnent perl to lfe or property, n whch case the development or offcal acton shall not be stayed otherwse than by a restranng order, whch may be granted by the Board or by the court havng jursdcton of zonng appeals, on petton, after notce to the Zonng Offcer or other approprate agency or body. When an applcaton for development, prelmnary or fnal, has been duly approved and proceedngs desgned to reverse or lmt the approval are fled wth the Board by persons other than the applcant, the applcant may petton the court havng jursdcton of zonng appeals to order such persons to post bond as a condton to contnung the proceedngs before the Board. 2. After the petton s presented, the court shall hold a hearng to determne f the flng of an appeal s frvolous. At the hearng, evdence may be presented on the merts of the case. t shall be the burden of the applcant for a bond to prove the appeal s frvolous. After consderaton of all evdence presented, f the court determnes that the appeal s frvolous, t shall grant the petton for a bond. The rght to petton the court to order the appellants to post bond may be waved by the appell,ee, but such waver may be revoked by hm f an appeal s taken from a fnal decson of the court. 3. The queston whether or not such petton should be granted and the amount of the bond shall be wthn the sound dscreton of the court. An order denyng a petton for bond shall be nterlocutory. An order drectng the respondng party to post a bond shall be nterlocutory. 4. f an appeal s take by a respondent to the petton for a bond from an order of the court dsmssng a zonng appeal for refusal to post a bond and the appellate court sustans the order of the court below to post a bond, the respondent to the petton for a bond, upon moton of the pettoner and after hearng n the court havng jursdcton of zonng appeals, shall be lable for all reasonable costs, expenses and attorney fees ncurred by the pettoner. E. ADMNSTRATVE PROVSONS Secton 140. Dutes of the Zonng Offcer. The procedures of ths Ordnance shall be admnstered by the Zonng Offcer, who shall be apponted by the Townshp Supervsors. 1-18

23 t shall be the duty of the Zonng Offcer, and he/she shall have the power to: 1. Receve, examne and process all applcatons for buldng, occupancy and zonng permts for all uses ncludng sgns. 2. ssue permts only where there s complance wth the provsons of ths Ordnance, wth other Townshp ordnances, and wth the laws of the Commonwealth and the Federal Government. Permts for constructon or uses requrng a specal excepton or varance shall be ssued only upon order of the Zonng Hearng Board. Permts for condtonal uses requrng approval by the Townshp Supervsors shall be ssued only after recept of approval from the Townshp Supervsors. 3. Receve applcatons for condtonal uses, curatve amendments and zonng changes, forwardng such requests to the Townshp Supervsors/Plannng Commsson or other approprate agences. 4. Receve applcatons for specal exceptons and varances and forward these applcatons to the Zonng Hearng Board for acton, thereupon. 5. Followng refusal of a permt, to receve applcatons for nterpretaton, appeals and varances. These applcatons shall then be forwarded to the Zonng Hearng Board for acton, thereupon. 6. Conduct nspectons and surveys to determne complance or noncomplance wth the terms of ths Ordnance. 7. ssue stop, cease and desst orders, and order, n wrtng, correcton of all condtons found to be n volaton of the provsons of all applcable regulatons. Such wrtten orders shall be served personally or by certfed mal upon persons, frms or corporatons deemed by the Zonng Offcer to be volatng the terms of ths Ordnance. t shall be unlawful for any person to volate any such order ssued lawfully by the Zonng Offcer, and any person volatng any such order shall be gulty of a volaton of ths Ordnance. 8. nsttute cvl enforcement proceedng n accordance wth SS above. 9. Wth the approval of the Townshp Supervsors or when drected by them, nsttute n the name of the Townshp any approprate actons or proceedngs to: (1) Prevent any 1-19

24 unlawful erecton, constructon, reconstructon, alteraton, repar, converson, mantenance or use of a buldng, structure or property. (2) Restran, correct or abate any such volaton so as to prevent the occupancy or use of any such buldng, structure or land, and/or (3) Prevent any llegal act, conduct, busness or use n or about such premses. 10. Revoke any order or zonng permt ssued under mstake of fact, or contrary to the law, of the provsons of ths Ordnance. 11. Record and fle all applcatons for zonng permts wth accompanyng plans and documents. All applcatons, plans, and documents shall be a publc record. 12. Mantan a map or maps showng the current zonng classfcaton of all land n the T0wnsh.p. [13. Regster nonconformng structures, uses and lots n accordance wth the provsons of Part 3, 5306, Non-Conformtes.]. Secton 141. Zonng Permts Requred. Herenafter, no use lsted n the Tables of Use Controls may be establshed or changed, no structure shall be erected, constructed, reconstructed, altered, razed, or removed, and no buldng used or occuped, changed n use, or changed n nonresdental use occupancy, untl a zonng permt has been secured from the Zonng Offcer. Upon completon of changes n use or constructon, reconstructon, alteraton or movng structures, the applcant shall notfy the Zonng Offcer of such completon. No permt shall be consdered as complete or as permanently effectve untl the Zonng Offcer has noted on the permt that the work, occupancy, or use has been nspected and approved as beng n conformty wth the provsons of ths Ordnance. Secton 142. Applcaton Requrements for Zonng Permts. 1. All applcatons for zonng permts shall be made n wrtng by the owner, tenant, or vendee under contract of sale, or other authorzed agent on a form suppled by the Townshp and shall then be fled wth the Zonng Offcer. The applcaton shall nclude [copes] of the followng nformaton: A. A statement as to the proposed use of the buldng, land or structure. B. A ste layout plan drawn to scale [l" = 100' or larger] showng the locaton, dmensons, heght or proposed buldngs, structures or uses, and any exstng buldngs n 1-20

25 relaton to the property and street lnes. f the applcaton relates to property scheduled to be developed n successve stages, such plans shall show the relatonshp of the porton scheduled for ntal development to the proposed layout of the entre property. C. The locaton, dmensons, and arrangements of all open spaces, yards and buffer yards, ncludng methods to be employed for screenng. D. The locaton, sze, arrangement and capacty of all areas to be used for motor vehcle access, off-street parkng, off-street loadng and unloadng, and provsons to be made for lghtng such areas. E. The dmensons, locaton and methods of llumnaton for sgns, f applcable. F. The locaton and dmensons of sdewalks and all other areas to be devoted to pedestran use. G. Provsons to be made for the treatment and dsposal of sewage and ndustral wastes, water supply, and storm dranage. Provsons for storm water management shall be made n complance wth the Subdvson of Land Development Ordnance of the County of Greene. Verfcaton of avalablty for water, sewage and electrc servce must be ncluded. H. The capacty and arrangement of all buldngs used or ntended to be used for dwellng purposes, ncludng the proposed densty n terms of the number of dwellng unts per acre of land.. A descrpton of any proposed ndustral or commercal operatons n suffcent detal to ndcate the effects of those operatons n producng nose, glare, ar polluton, fre hazards, traffc congeston, or other safety hazards. J. Descrptons of methods t o be employed n controllng any excess nose, ar polluton, smoke, fumes, water polluton, fre hazards, traffc congestons, or other safety hazards. 2. No permt for any new use or constructon whch wll nvolve on-ste dsposal of sewage or waste, and no permt for a change n use or an alteraton whch wll result n an ncreased volume of sewage or waste to be dsposed of on the ste, shall be ssued untl approval has been granted by the Pennsylvana Department of Envronmental Resources. 1-21

26 3. The Zonng Offcer shall render a decson ether approvng or dsapprovng the applcaton for a zonng permt wthn nnety (90) days after the applcaton has been fled, provded that any dsapproval of the applcaton shall be ssued wthn the sad nnety (90) day perod and shall contan a bref explanaton settng forth the reasons for sad dsapproval and the manner n whch the applcaton can be corrected and/or modfed to obtan the requred approval. f no decson s rendered on the applcaton wthn nnety (90) days, the applcaton shall be deemed to have been granted mmedately, unless the applcant has agreed, n wrtng, to an extenson of tme. Secton 143. Fees and Escrow Deposts. All applcants for zonng permts, specal exceptons, condtonal uses, varan,ces, nterpretatons and other appeals shall, at the tme of makng applcaton, pay to the Zonng Offcer for use of the Townshp, a fee whch shall be n accordance wth a fee schedule adopted pursuant to a resoluton of the Townshp Supervsors upon the enactment of ths Ordnance or as such schedule may be amended from tme to tme. n addton, an escrow depost may be requred. Escrow depost requrements shall also be set from tme to tme pursuant to a resoluton of the Townshp Supervsors. Secton 144. Lfe of a Permt. Any erecton, constructon, reconstructon, alteraton or movng of a buldng or other structure, ncludng a sgn authorzed by a zonng permt, shall be commenced, and any change n use of a buldng or land authorzed by a zonng permt shall be undertaken, wthn 6 months after the date of ssuance of the permts. f not, the permt shall be consdered null and/vod. However, n the case of the erecton or constructon of a buldng, the rght to proceed wth constructon may be extended annually wthout addtonal fees for an aggregate perod of tme not to exceed two (2) years, provded that the constructon pursuant to sad permt was already commenced wthn sx (6) month perod. Secton 145. Certfcate of Occupancy. 1. Hereafter, no structure erected, constructed, reconstructed, extended or moved, no property sold or exchanged, and/or no land or buldng changed n use under a zonng permt shall be occuped or used, n whole or n part, for any use whatsoever, nor changed from non-resdental occupancy status, untl the owner or authorzed. agent has been ssued a certfcate of occupancy the Zonng Offcer ndcatng that the buldng or use comples wth the terms of zonng regulatons as provded n ths Ordnance. 1-22

27 2. No certfcate shall be ssued untl the premses n queston has been nspected and found by the Zonng Offcer to be n complance wth the Zonng Ordnance. 3. The ssuance of a certfcate of occupancy n no way absolves the owner or authorzed agent from complance wth the ntent of ths Ordnance. Secton 146. Medaton Opton. [53 P.S ]. 1. Partes to proceedngs authorzed n ths Ordnance and Artcle X-A of the Pennsylvana Muncpaltes Plannng Code, may utlze medaton as an ad n completng such proceedngs. n proceedngs before the Zonng Hearng Board, n no case shall the Zonng Hearng Board ntate medaton or partcpate as a medatng party. Medaton shall supplement, not replace, those procedures n ths Ordnance and Artcle X-A once they have been formally ntated. Nothng n ths Secton shall be nterpreted as expandng or lmtng muncpal polce powers or as modfyng any prncples of substantve law. 2. Partcpaton n medaton shall be wholly voluntary. The approprateness of medaton shall be determned by the partculars of each case and the wllngness of the partes to negotate. The Townshp Supervsors may offer the medaton opton n a partcular case pursuant to a resoluton whch shall assure that, n each case, the medatng partes, asssted by the medator as approprate, develop terms and condtons for: A. Fundng medaton. B. Selectng a medator who, at a mnmum, shall have a workng knowledge of muncpal zonng and subdvson procedures and demonstrated sklls n medaton. 4' C. Completng medaton, ncludng tme lmts for such compl et on. D. Suspendng tme lmts otherwse authorzed n ths Ordnance, provded there s wrtten consent by the medatng partes, and by an applcant or muncpal decson makng body f ether s not a party to the medaton. E. dentfyng all partes and affordng them the opportunty to partcpate. F. Subject to legal restrants, determnng whether some or all of the medaton sessons shall be open or closed to the publc. 1-23