FOR INFORMATIONAL PURPOSES ONLY

TOWNSHIP OF RESERVE

ALLEGHENY COUNTY

PENNSYLVANIA

ZONING ORDINANCE

No. 610

TABLE OF CONTENTS

SECTION NUMBER		SECTION TITLE	PAGE NUMBER
ARTICLE I: GENERAL PROVISIONS
101		Short Title	6
102		Readers Guide to Organization and Applicability of this Ordinance	6
103		The General Purpose of this Ordinance & Goals and Objectives	8
104		Authorization	10
105		The Effective Date of This Ordinance	11
106		Language Interpretation	11
107		Conflict with other Regulations	11
108		Conflicts w/ Flood Plain Ordinance	12
109		Severability	12
110		Applicability of this Ordinance to Private Agreements	12
111		Application of Regulations During Emergencies	12
112		General Rules for Land Uses and Lots	12
113		Parking Facilities and Temporary Events	13
114		Classification of Businesses that consist of Several Uses	13
115		Occupancy Permits	13
116		Nonconformities	14
117		Preliminary Opinions	18
118		Amending this Ordinance	19
ARTICLE II: TERMINOLOGY
201		Purpose	20
202		Interpretation	20
203		Definitions	20
ARTICLE III: ADMINISTRATION
301		Purpose of Section	52
302		Zoning Permits	52
303		Supplemental Zoning Permit Requirements – Sexually Oriented Businesses	54
304		Supplemental Zoning Permit Requirements – Industrial Zones	55
305		Variances	55
306		Special Exceptions and Conditional Uses	56
307		Enforcement	62
308		Procedural Challenges	64
309		Substantive Challenges	65
SECTION NUMBER		SECTION TITLE	PAGE NUMBER
310		Appealing the Determination of the Zoning Officer	67
311		Time Limitations	67
312		Appeals to the Court	69
313		The Zoning Officer	69
314		The Zoning Hearing Board	70
315		The Township Board of Commissioners	80
ARTICLE IV: ZONING DISTRICTS
401		Purpose	89
402		Zoning Districts	90
403		Zoning Map	95
ARTICLE IV-A: PLANNED RESIDENTIAL DEVELOPMENTS
400A.1
400A.2
400A.3
400A.4
ARTICLE V: OFF-STREET PARKING
501	Applicability – General			109
502	Parking of Com. and Rec. Vehicles, Trailers, and Trucks.			109
503	Procedure			109
504	Decreased Parking Demand			110
505	Increased Parking Demand			110
506	Ingress/Egress			110
507	Location of Parking or Loading Space			110
508	Joint Parking Facilities			111
509	Number of Parking and Loading Spaces Required			111
510	Modification in the Required Number of Parking and Loading Spaces			111
511	Design and Maintenance Standards			112
512	Location of Parking			113
513	Small Parking Areas			114
514	Large Parking Areas			115
515	Parking Area Landscaping for Large Scale Areas			116
516	Retaining Walls and Embankments			117
517	Screening of Refuse Area			117
518	Screening of Equipment and Machinery			117
519	Minimum Off-Street Parking Spaces Required			118
520	Miscellaneous			121
521	Off-Street Loading			121
522	Lighting			122
523	Signage			123
524	Maintenance			123
ARTICLE VI: BUFFERS
600	General			125
601	Minimum Widths			125
602	Buffer Types			126
603	Buffer Separating Uses			127
604	Buffer yard Maintenance			127
605	Planting Plan			128
606	Alternatives			128
607	Required Plantings			128
608	General Standards			129
609	Energy Conservation			130
610	Fences and Walls			130
611	General Regulations			131
612	Regulations for Residential Lots			132
613	Regulations for Commercial/Industrial Use			133
614	Landscaping Prohibited Area			133
ARTICLE VII: ACCESSORY USES
701	General Intent			136
702	General Requirements and Exceptions			136
703	Accessory Uses			136
704	Prohibited Accessory Uses			137
705	Accessory Use Limitations			137
706	Height and Lot Requirements of Accessory Uses			137
707	Satellite Dishes, Antennas			138
ARTICLE VIII: SEXUALLY ORIENTED BUSINESSES
801	Purpose and Intent			139
802	Definitions			139
803	Classifications			142
804	Permit Required			142
805	Issuance of Permit			143
806	Fees			144
807	Inspection			144
808	Suspension of Permit			145
809	Revocation of Permit			145
810	Transfer of Permit			146
811	Location of Sexually Oriented Businesses			146
812	Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos			148
813	Exemptions			149
814	Injunction			150
815	Severability			150

ARTICLE IX: TEMPORARY USES
901	Temporary Uses	151
ARTICLE X: SIGNS
1000	Purpose	153
1001	Signs Types on Private Property	153
1002	Sign Area Per Lot	155
1003	Quantity, Area, Height, and Placement of Signs	156
1004	Sign Characteristics by District	159
1005	Design, Construction, and Maintenance	159
1006	Signs in the Public Right-of-Way	160
1007	Signs that are Exempt from the Requirements of this Article	160
1008	Prohibited Signs	161
1009	Abandoned Signs	161
1010	Nonconforming Signs	161
ARTICLE XI: ENACTING CLAUSE

ARTICLE I

GENERAL PROVISIONS

SECTION 100: ENACTMENT

The Township Commissioners of the Township of Reserve hereby adopts and enacts the regulations, zoning districts, administrative structures, and administrative procedures that constitute this Zoning Ordinance No. ___. From and after the approval of this Ordinance, the districts specified herein shall be established, and the following regulations shall be in full force and effect.

SECTION 101: SHORT TITLE

This ordinance shall be known as the “Township of Reserve Zoning Ordinance No. ___.”

SECTION 102: A READER’S GUIDE TO THE ORGANIZATION AND APPLICABILITY HAVE THIS ORDINANCE

This ordinance regulates all land uses, lots, and structures within the Township of Reserve except those that are the property of the Township itself. Every regulated land use, lot, or structure must either conform to the rules of this ordinance or be a nonconforming use, nonconforming lot, or nonconforming structure. A nonconformity is defined as a use, lot, or structure that (1) was legally established before the effective date of this ordinance’s enactment (see Section 105, “The Effective Date of This Ordinance’s Enactment”), and (2) does not conform to the substantive requirements of this ordinance. Because nonconformities were legally established, and because their owners could not have known what the regulations of this ordinance were going to be in advance, the owners have a legal and ethical right to continue their nonconformities. However, all nonconformities, except nonconforming signs, are subject to the regulations of Section 116, “Nonconformities.” Special regulations for nonconforming signs are given in Article X, “Signs.” All regulated land uses, lots, and structures that are neither in conformance with the controls of this ordinance nor nonconformities are illegal -- and subject to the enforcement procedures and penalties specified in Article III, Section 307, “Enforcement.”

Zoning ordinances are always complex due to the complex nature of modern communities. However, this ordinance is organized to be simple and to minimize the amount of reading required to determine how a property or project is restricted.

All of the provisions in this ordinance that affect Reserve landowners on a daily basis, and apply to all properties within the Township are included in Article I, “General Provisions.” The sections in the remainder of Article I explain what the general purposes of this ordinance are, what its basic rules are, when zoning or occupancy permits are needed, how to get these permits, what extra regulations apply to nonconforming uses, what a variance is, how to get a variance, how the ordinance will be enforced, how landowners may contest the zoning officer’s determinations, and how landowners may dispute the validity of this ordinance. Anyone who has a question concerning how this ordinance regulates a property should read Article I.

However, many of the regulations in this ordinance should not be applied to all areas of the Township due to the differing statuses and goals of these areas. So Article IV, “Zoning Districts,” divides the Township into seven (7) “zoning districts”-- each of which is composed of areas with similar present-day statuses and goals, and faces a set of regulations that is different than the set faced by every other zoning district. Article IV then provides this set of regulations for each district, addressing such subjects as permitted land uses, off-street parking and loading facilities, setbacks, building heights, lot designs, and more. Although Section 401, “The Purpose of Article IV" explains how this article should be read in more detail, a general rule of thumb is that readers who have a question concerning how this ordinance regulates a property need to read only the parts of Article IV that concern the zoning district of that property.

Article III, “Administration, Section 306: Special Exceptions and Conditional Uses,” explains what a special exception use is, reveals what a conditional use is, illustrates the procedures for obtaining permits for these uses, lists the standards that the Zoning Hearing Board is to utilize in determining whether or not to grant a special exception use, and lists the standards that the Township is to employ in determining whether or not to grant a conditional use. Article IV, “Temporary Uses,” explains what a temporary use is, illustrates the procedures for obtaining permits f or one, and lists the standards that the Township Commissioners is to utilize in determining whether or not to grant it. Article V, “Supplemental Regulations,” contains regulations that apply to only some kinds of land uses and structures. Article X, “Signs,” contains all of the ordinance’s sign regulations. Article III contains the ordinance’s administrative provisions that are relevant to municipal officials on a daily basis¹, but not usually to landowners (administrative provisions that are more relevant to landowners are included in Article I). Article II, “Terminology,” provides a glossary of some of the terms used in this ordinance.

The sections in Article IV apply to every regulated land use, lot, and structure in the Township. Because they address each one of Reserve’s seven (7) zoning districts, the sections in Article IV also apply to every regulated land use, lot, and structure in the Township. However, the sections of thee Zoning Ordinance apply only when a provision of either Article III or Article IV explicitly says so. Municipal officials should be familiar with this entire ordinance. However, anyone who has a question concerning how this ordinance regulates a property only needs to read the following:

1. Article I,

2. the parts of Article IV that concern the zoning district of the involved property, and

3. the parts of Zoning Ordinance that:

a. are explicitly referenced by either Article III or the parts of Article IV that concern the property’s zoning district, and

b. are relevant to the reader’s specific concern.

4. the parts of Article II that define the terms used in the aforementioned relevant articles.

This ordinance is organized in this manner so that landowners can determine how the use of their property is restricted without reading the entire document.

¹Such provisions include explanations of the zoning-related functions of the Township’s Zoning Officer, Zoning Hearing Board, and Township.

]

SECTION 103: THE GENERAL PURPOSES OF THIS ORDINANCE & GOALS AND OBJECTIVES

It is the intent, purpose and scope of this Ordinance to protect and promote safety, health and morals; to accomplish coordinated development; to provide for the general welfare by guiding and protecting amenity, convenience, future governmental, economic, practical, and social and cultural facilities, development and growth, as well as the improvement of governmental processes and functions; to guide uses of land and structures, type and location of streets, public grounds and other facilities; to promote the conservation of energy through the use of planning practices and to promote the effective utilization of renewable energy sources; to promote the preservation of this Township’s natural and historic resources and prime agricultural land; to encourage the preservation of prime agricultural land and natural and historic resources through easements, transfer of development rights and rezoning; to facilitate the present and future economic viability of existing agricultural operations in this Township and to not prevent or impede the owner or operator's need to change or expand their operations in the future in order to remain viable; to encourage the revitalization of established urban centers; and to permit and to minimize such problems as may presently exist or which may be foreseen and to protect, preserve or conserve open land, consisting of natural resources, forests and woodlands, any actions taken to protect, preserve or conserve such land shall not be for the purposes of precluding access for forestry.

The secondary general purposes of this ordinance are adopted from the Reserve Planning Commission. Each of these is discussed below.

Community Facilities

Goal: Provide a complete array of community facilities to Township residents.

Objective: Acquire street furniture, sidewalks, or pedestrian oriented aesthetics and safety for Mount Troy Road Business District.

Goal: Provide police service at the lowest possible cost to the Township.

Objectives: Continue to have support agreements with adjacent police departments.

Goal: Expand Public Works Department and Equipment.

Objective: Develop a shared Public Works Department with neighboring municipalities to reduce costs to Township Residents. Also, to avoid duplication of service at a better economy of scale.

Transportation

Goal: Improve traffic circulation and safety in higher density residential areas – Lower Mount Troy Road and Business District

Objective: Develop pedestrian circulation plan for areas lacking sidewalks.

Public Utilities

Goal: Establish potable water service on Spring Garden Avenue.

Objective: Apply for CDBG funds to extend sanitary sewer service on Spring Garden Avenue.

Goal: Establish better water pressure service on Geyer Road.

Objective: Apply for CDBG funds to extend sanitary sewer service on Geyer Road Area.

Housing

Goal: Improve housing conditions for low-to-moderate income homeowners.

Objective: Weatherize ten houses per year through the Allegheny County Redevelopment Authority and Action Housing Weatherization Program.

Goal: Provide a variety of housing types at various densities for all income levels – Single family, Two (2) bedroom Garden Apartments.

Objective: Revise zoning ordinance to promote new housing development.

Promote efficient housing.

Land Use

Goal: Establish a commercial district along lower Mount Troy Road area.

Objective: Revise the Township’s Zoning Ordinance to encourage small-scale commercial land uses.

Goal: Maximize the value of vacant land in the Township to increase the tax base.

Objective: Create adaptive reuse and infill standards to encourage a strong and diverse tax base.

Recreation

Goal: Provide recreation for all age groups.

Objective: Hire a shared recreation director to manage parks and provide program-planning functions.

Economic Development

Goal: Attract development to the township.

Objective: Market sites as an infill development of adaptive reuse candidate.

Goal: Increase Tax Base without increasing property tax.

Objective: Promote the adaptive reuse of existing buildings and also promote infill development in the township.

Because Reserve Township does not yet have a Comprehensive Plan that meets all requirements of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended, by adopting this set of community development goals and objectives satisfies the requirements of Section 606 of the Pennsylvania Municipalities Planning Code.

The Reserve Township Planning Commission: The Reserve Planning Commission used the following purposes to develop this ordinance. These purposes serve as secondary general purposes of this ordinance.

· To protect and promote the health, safety, and welfare of both the residents of the Township of Reserve and the general public

· To encourage the orderly growth and development of the Township in accordance with the recommendations of the Township's comprehensive plan goals, objectives, and policies of the Reserve Township Comprehensive Plan.

· To protect and maintain the character, stability, and value of the residential, commercial, and industrial areas of the Township

· To provide adequate light, air, and privacy, and to prevent the overcrowding of people and structures

· To provide protection against fire, explosion, noxious fumes, noise, and other hazards in the interest of the public health, safety, comfort, and general welfare

· To encourage the most appropriate use of the land and structures throughout the Township through the establishment of land use districts and the regulation of land, activities, and structures within these districts

· To provide for the gradual elimination of those uses of land, buildings, and structures which do not conform to the requirements of the district in which they are located and which adversely affect the development of neighboring properties

· To minimize the conversion of single family detached housing into multi-family dwellings thus maintaining the land values and neighborhood characteristics of large portions of the Township.

SECTION 104: AUTHORIZATION

The establishment of zoning districts within municipalities such as the Township of Reserve, the assignment of regulations to these districts, and the assignment of administrative structures and procedures to these regulations for purposes like those given in Section 112, “General Rules for Land Use of Lots” of this ordinance have been authorized by the Pennsylvania Municipalities Planning Code as reenacted and amended thru 2002.

SECTION 105: THE EFFECTIVE DATE OF THIS ORDINANCE’S ENACTMENT

The effective date of this ordinance’s enactment shall be the date that this ordinance was enacted by the Township Commissioners of the Township of Reserve. This date is shown above the signatures on the signature page in Article XI of this document.

SECTION 106: INTERPRETING THE LANGUAGE OF THIS ORDINANCE

For the purposes of this ordinance, words shall be interpreted as follows unless noted otherwise.

A. When the meaning of a regulation as it applies to a given property is not clear, it shall be interpreted in favor of that property and against any implied extension of the regulation.

SECTION 107: CONFLICT WITH OTHER REGULATIONS

Where a provision of this ordinance conflicts with a provision of another ordinance, state law, or federal law, the stricter of the two provisions shall apply.

SECTION 108: CONFLICT WITH FLOOD PLAIN REGULATIONS

All structures and plans for structures within the Township’s flood plain as defined by Township Ordinance No. 492 or any subsequent revisions thereof are subject to the flood plain regulations enacted by that ordinance.

SECTION 109: SEVERABILITY

The provisions of this act shall be severable, and should a court of competent jurisdiction declare any section or provision of this ordinance invalid or unconstitutional, the validity of any remaining sections or provisions shall not be declared invalid or unconstitutional.

SECTION 110: APPLICABILITY OF THIS ORDINANCE TO PRIVATE AGREEMENTS

This ordinance shall not annul any easements, covenants, or private agreements. However, the existence of any such easement, covenant, or private agreement shall not affect the enforceability of this ordinance.

SECTION 111: APPLICATION OF REGULATIONS DURING LOCAL EMERGENCIES

The Reserve Township Commissioners may temporarily waive some of the regulations of this ordinance during a local emergency.

SECTION 112: GENERAL RULES FOR LAND USES AND LOTS

All land uses shall be allowed on lots as a permitted principal use, permitted accessory use, special exception use, conditional use, and/or temporary use. The actual uses which are allowed on a lot are determined by the zoning district of that lot (see Article IV, “Land Uses, Off-Street Parking, and Off-Street Loading.” However, the following rules shall apply to the establishment of land uses on lots in all districts.

A. No permitted accessory use shall be constructed more than 180 days before the use to which it is accessory.

B. No structure shall be located closer than 5 feet from another structure unless that structure is a fence, is attached to the other structure, or forms an integral part of the other structure.

C. All commercial tanks that contain or carry more than 20 gallons of fuel, lubricants, or any other poisonous liquid shall be located at least 10 feet from all property lines and public rights-of-way.

SECTION 113: PARKING FACILITIES AND TEMPORARY EVENTS

A. Parking Facilities and Zoning District Regulations: All parking facilities are subject to the regulations of the zoning district in which they are located unless this ordinance specifically states otherwise. Furthermore, all parking garages are subject to the regulations on structures imposed by the zoning district in which they are located.

B. Emergency and Non-Profit Temporary Events: Any parking or loading requirement of this ordinance may be waived by Township Commissioners for emergency, community or non-profit temporary events.

SECTION 114: CLASSIFICATION OF BUSINESSES THAT CONSIST OF SEVERAL USES

For the purposes of this ordinance, businesses that consist of several land uses shall be classified as the constituent land use that this ordinance regulates the most strictly.

SECTION 115: OCCUPANCY PERMITS

A. When an Occupancy Permit is Needed: Before any landowner may use or occupy a vacant lot; use or occupy new, reconstructed, structurally altered, moved, and/or vacant non-sign structure; or change the use of a non-sign structure or lot, an occupancy permit must be obtained (unless this ordinance specifically states otherwise). Article X “Signs,” explains when occupancy permits are needed for signs.

B. The Procedure for Obtaining an Occupancy Permit: After the completion of all

development activities, but before the involved structure and/or lot is used or occupied, the applicant shall notify the Zoning Officer and pay the required fees set by Township Commissioners. The Zoning Officer shall examine the involved structure and/or lot within 10 days of this notification and payment. If the Zoning Officer determines that some requirements may not have been met he or she may require an as-built survey to verify that setback and other site plan requirements have been met. If the structure, lot, and the involved use comply with the provisions of this ordinance, other applicable ordinances and laws, and any plans approved for a zoning permit, then the Zoning Officer shall issue an occupancy permit. Otherwise, he or she shall not. If the Zoning Officer does not act within the time required in this ordinance, then the permit shall be deemed to be issued.

C. Temporary Occupancy Permits: The Zoning Officer may issue a temporary occupancy permit, which allows the use, partial use, or occupancy of the involved structure or lot during development activities. Such a permit shall be valid for no longer than 3 months.

D. Inspections: In order to make the determinations required by letter “B” of this section, the Zoning Officer shall have the authority to enter any building, structure, premises, property, or development in the Township at any reasonable hour upon presentation of proper credentials.

E. Revocation of Permits: If the Zoning Officer discovers that the applicant has made any false statements or misrepresentations regarding the development, the Zoning Officer shall revoke the occupancy permit and proceed with whatever legal action is necessary to correct the violation (see Article III, Section 307, “Enforcement”).

F. Permits Issued in Error: Any occupancy permits issued in error shall be null and void.

G. Appealing the Zoning Officer’s Determination: The applicant may appeal the denial of an occupancy permit, and aggrieved persons or neighbors may appeal the issuance of an occupancy permit, as specified in Article III, Section 310, “Appealing the Determination of a Municipal Officer.”

H. The Duration of Occupancy Permits: Non-temporary occupancy permits shall be valid for the lifespan of the involved development, except if that development is either a temporary sign on private property (in which case the permit shall only be valid for 30 days) or a temporary sign on a public right-of-way (in which case the permit shall only be valid for 60 days).

SECTION 116: NONCONFORMITIES

A. The Purpose, Organization, and Applicability of this Section: Owners of nonconforming lots, structures, and uses as defined in Article II, Section 203 of this ordinance have the legal right to continue subject to reasonable regulations so that nonconformities are not damaging to adjacent properties.

With this sole exception, letter “B” provides some rules concerning nonconforming structures, land uses, and lots. Letter “C” only addresses nonconforming structures, and letter “D” only addresses nonconforming land uses.

B. General Rules Concerning Nonconformities: The following rules apply to or concern all

nonconforming structures, land uses, and lots.

1. The Zoning Officer may keep and maintain a list of all nonconformities that exist in

the Township on the effective date of this ordinance’s enactment (see Section 105, “The Effective Date of This Ordinance’s Enactment”) and on the effective dates of any amendments to either this ordinance or its map.

2. The owner of nonconformity may obtain a “certificate of nonconformity” from the

Township’s Zoning Officer. This certificate shall state that the owner’s right to continue his or her nonconformity is guaranteed.

3. Aggrieved parties and the involved landowner may both appeal the Zoning Officer’s

determination of whether or not a property is nonconforming according to the rules of Article III, Section 310, “Appealing the Determination of a Municipal Officer.”

4. Any structure, land use, or lot that was illegally established under a previous zoning ordinance or land use regulation shall remain illegal under this ordinance, even if it conforms to the regulations of this ordinance. No illegal structure, land use, or lot shall become nonconformity under this ordinance.

5. Any structure, land use, or lot (existing or future) that becomes a nonconformity due to an amendment made after the effective date of this ordinance’s enactment shall be subject to the regulations of this section.

C. Nonconforming Structures or Buildings: The following rules apply to all nonconforming structures.

1. A nonconforming structure or building may be altered, enlarged, repaired, or reconstructed provided that:

a. its nonconformity or nonconformities are not increased;

b. it will comply with the other applicable requirements of this ordinance;

c. all necessary zoning and occupancy permits are obtained (see Sections 115, Occupancy Permits and Article III, Section 302 Zoning Permits);

d. it follows any applicable building codes; and

e. it has not been abandoned, which shall be defined as having its windows or doors boarded up, having its maintenance discontinued, and/or being unused for a total of 6 months within an 12 month period.

2. A nonconforming structure or building may be reconstructed after it is partially destroyed by a natural or artificial disaster, and any nonconforming use within it may be continued, provided that:

a. the regulations under letter “C,” number “1" above are followed;

b. a zoning permit has been acquired for its reconstruction within one year of the involved disaster; and

c. The damage to it does not exceed 99% of its fair market value. Based on an evaluation by a third party licsenced appraiser and the township solicitor.

3. A conforming use in a nonconforming structure may expand within that structure.

D. Nonconforming Uses: The following rules apply to all nonconforming uses.

1. To allow for natural economic growth, a nonconforming use may expand in terms of 25% percent of gross floor area or lot coverage of existing structure – provided that the use’s owner can prove to the Township’s Zoning Hearing Board, via the procedure outlined in Section 314, “The Zoning Hearing Board,” that:

a. no aspect of the structure or structures that contain or will contain the use

shall become either nonconforming or more nonconforming than it was before;

b. the use does not expand on to property that was acquired after or prior to the use became nonconforming;

c. the expansion does not eliminate off-street parking spaces or loading berths

required by this ordinance; and

d. such an expansion is necessary to accommodate a normal increase in business. ²

3. If a nonconforming use is changed to a conforming use, it shall not be subsequently changed back to a nonconforming use.

4. A nonconforming use may be changed to another nonconforming use if the use’s

owner can prove to the Township’s Zoning Hearing Board -- via the procedure

2 See Heyman v. Zoning Hearing Board of Abington Township [601 A.2d 414 (Pa. Commonw. 1991)].

outlined in Section 314, “The Zoning Hearing Board” ³ -- that the proposed use is the same type of use as the original use, or is a use that conforms more closely to the purpose and regulations⁴ of the involved zoning district than the original use. In making a judgment on similar uses, the Zoning Hearing Board shall be guided by the use classification system in the Standard Industrial Classification Manual, Federal Office of Management and Budget, current edition.

5. A nonconforming use that has been abandoned shall not be returned to a nonconforming use of any kind. A nonconforming use shall be abandoned when one or more of the following conditions have been met.

a. The owner’s intent to discontinue the use is apparent through such actions as the boarding up of windows, the boarding up of entrances, or the discontinuation of maintenance.

b. The use has been discontinued for a total of 6 months within a 18-month period.

c. The use has been replaced by a conforming use.

d. The use has been changed to another nonconforming use as required by

letter “D,” number 3 above.

6. A special exception or conditional use shall not be considered a nonconforming use, but rather a lawful conforming use.

SECTION 117: PRELIMINARY OPINIONS

A. The Purpose of Preliminary Opinions: According to Section 311, “Time Limitations,” any aggrieved party who wishes to stop or limit a proposed construction, reconstruction, alteration, or other physical development by challenging either the procedural or substantive validity of this ordinance (see Article III, Section 308, “Procedural Challenges,” and Article III, Section 309, “Substantive Challenges”) may only do so within 30 days of the development’s receiving a zoning permit (see Article III, Section 302, “Zoning Permits”). Likewise, any aggrieved party who wishes to stop or limit a proposed land use by challenging either the procedural or substantive validity of this ordinance may only do so within 30 days of the use’s receiving an occupancy permit (see, Section 115, “Occupancy Permits”). “Preliminary opinions” are a tool that the landowner who is proposing the involved development or use may employ to shorten this 30-day time period.

3. Note that the Zoning Hearing Board’s decision on this matter may be appealed to the court of common pleas of the judicial district in which the involved property is located.

4. Setbacks, height regulations, lot requirements, and off-street parking and loading requirements shall be considered here, along with any of this ordinance’s other regulations that the Zoning Hearing Board decides are relevant.

B. The Procedure for Obtaining a Preliminary Opinion: Preliminary opinions may be

C. obtained by following this procedure:

In order not to unreasonably delay the time when a landowner may secure assurance

that the ordinance or map under which he proposed to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may be unavailable, the landowner may advance the date from which time for any challenge to the ordinance or map will run under section 914.1 of the PA MPC by the following procedure:

1 The landowner may submit plans and other materials describing

his proposed use or development to the zoning officer for a preliminary

opinion as to their compliance with the applicable ordinances and

maps. Such plans and other materials shall not be required to meet

the standards prescribed for preliminary, tentative or final approval

or for the issuance of a building permit so long as they provide reasonable

notice of the proposed use or development and a sufficient basis for

a preliminary opinion as to its compliance.

2 If the zoning officers preliminary opinion is that the use or

development complies with the ordinance or map, notice thereof shall

be published once each week for two successive weeks in a newspaper

of general circulation in the municipality. Such notice shall include

a general description of the proposed use or development and its location,

by some readily identifiable directive, and the place and times where

the plans and other materials may be examined by the public. The

favorable preliminary approval under section 914.1 and the time therein

specified for commencing a proceeding with the board shall run from

the time when the second notice thereof has been published.

3. The Zoning Officer’s decision regarding a preliminary opinion may be appealed to the Zoning Hearing Board (see Section 314, “The Zoning Hearing Board”).

C. How an Approved Preliminary Opinion Affects the Time Limits of Section 311: If the Zoning Officer approves the proposed use or development as specified under letter “B” above, then the 30 day period during which an aggrieved party may stop or limit the proposed use or development by challenging the procedural or substantive validity of this ordinance (see Article III, Section 308, “Procedural Challenges,” and Article III, Section 309, “Substantive Challenges”) begins on the date that the second notice is published -- instead of the date on which the proposed use or development receives the applicable permit.

SECTION 118: AMENDING THIS ORDINANCE

This ordinance may be amended through a landowner curative amendment, a municipal curative amendment, or a common amendment. The purposes behind and procedures for landowner curative amendments are given in Article III, Section 309, “Substantive Challenges.” Municipal curative amendments are only used by Township Commissioners, are used to cure substantial validity problems within this ordinance, and are addressed in Section 315, “The Township Commissioner.” Common amendments are also addressed in Section 315, “The Township Commissioner.”

ARTICLE II

TERMINOLOGY

SECTION 201: Purpose

The purpose of this section of this chapter is to provide the reader with a clear understanding of how to interpret words and phrases.

SECTION 202: Rules for Word Usage

For the purpose of this chapter, certain words and terms used herein shall be interpreted or defined as follows: Words used in the present tense include the future; the singular includes the plural, and the plural number includes the singular; the word "person" refers to a firm, association, organization, trust, partnership, company or corporation, as well as an individual; the word "shall" is mandatory and the word “may” is permissive; the word "lot" includes "plot, piece, and parcel"; and the word "building" includes all structures; The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, maintained or designed to be used or occupied. In case of any difference of meaning or implications between the text of this ordinance and any caption or illustration, the text shall control.

SECTION 203: Definitions Of Terms

“ABANDONED” - A building or structure, which has not been occupied for a period of twelve months (one year). The building or structure shall be deemed deserted.

“ABANDONMENT” - The relinquishment of property, of a cessation of the use of the property, by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.

“ACCESSORY BUILDING” - A building, which is, subordinate to the main building on the lot and is used for purposes customarily incidental to the use of the main building or lot.

“ACCESSORY STRUCTURE” - A Structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.

“ACCESSORY USE” - A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

“Acre” - A measure of land area containing 43,560 square feet.

“ADAPTIVE REUSE OF EXISTING BULDINGS” – The development of a new use for an older building or for a building originally designed for a special or specific purpose.

“ADDITION” - (1) A structure added to the original structure at some time after the completion of the original; (2) an extension or increase in floor area or height of a building or structure.

“AGRICULTURAL OPERATION” – Agricultural operation, an enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.

“ALLEY” - A service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.

“ALTERATIONS, STRUCTURAL” - Any interior or exterior change which would prolong the life of the supporting members of a building such as bearing walls, columns, beams, or girders.

“AMERICANS WITH DISABILITIES ACT (ADA)” - A 1990 federal law designed to bring disabled Americans into the economic mainstream by providing them equal access to jobs, transportation, public facilities, and services.

“ANTENNA” - Shall mean any exterior apparatus designed for telephonic, radio, television communications through sending and/or receiving of electromagnetic waves. (See Ordinance 203)

“APARTMENT HOUSE” - A structure containing three or more rental dwelling units.

“APARTMENT” - One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing three or more dwelling units.

“APARTMENT, EFFICIENCY” - See Dwelling Unit, Efficiency.

“APPLICANT” - A landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.

“APPLICATION FOR DEVELOPMENT” – Every application, whether preliminary, tentative, or final, required to be filed and approved prior to the start of construction or development including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan. (This may include zoning variances related to the application.)

“APPOINTING AUTHORITY” – The mayor in cities; the board of commissioners in counties; the council in incorporated towns and townships; the board of commissioners in townships of the first class; and the board of supervisors in townships of the second class; or as may be designated in the law providing for the form of government.

“AUTHORITY” – A body politic and corporate created pursuant to the act of June 19, 2001, (P.L. 287, No. 22), 53 Pa.C.S. section 5601, et seq., under the former Act of June 28, 1935 (P.L. 463, No. 191), known as the Municipality Authorities Act of 1935, or under the Act of May 2, 1945 (P.L. 382, No. 164), known as the “ Municipality Authorities Act of 1945.

“ATTACHED DWELLING UNIT - See Dwelling, Attached

“AUTOMATIC CAR WASH” - A structure containing facilities for washing automobiles and automatic or semiautomatic application of cleaner, brushes, rinse water, and heat for drying.

“AUTOMOBILE REPAIR” - Engine rebuilding or major reconditioning work or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting of vehicles, Incidental repairs; replacement of parts; motor service to automobiles; state inspection.

“AUTOMOBILE SERVICE STATION” - Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of automobiles; and including as an accessory use of the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.

“BAR” - Premises used primarily for the sale or dispensing of alcoholic beverages by the drink for on-site consumption and where food may be available for consumption on the premises as accessory to the principal use.

“BASEMENT” - A story partly underground, but having at least one‑half of its height above the average level of the adjoining ground.  A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is five (5) feet or more or if the basement is used for business or dwelling purposes.

“BOARD”- Any body granted jurisdiction under a land use ordinance or under the MPC, as amended, to render final adjudications.

“BUFFER AREA” - A strip of land, which is planted and maintained in shrubs, bushes, trees, grass, or other landscaping material and within which no structure is permitted, except a wall or fence. This includes open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances. Buffers are to be maintained by the property owner or homeowners association.

“BUILDABLE AREA” - The area of a lot remaining after the minimum yard and open space requirements of the zoning ordinance have been meet.

“BUILDING” - Any structure having a roof supported by columns or walls, for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods or materials of any kind.

“BUILDING AREA” - The aggregate of the maximum horizontal cross-section areas of all buildings on a lot above the ground level, measured at the greatest outside dimensions, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches, bay windows not extending through more than one story and not projecting more than five (5) feet, one story open porches projecting not more than then (10) feet, steps, and balconies.

“BUILDING, PRINCIPAL” - A building in which is conducted the principal use of the lot on which it is located.

“BUILDING COVERAGE” - The ratio of the horizontal area measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory buildings on a lot of the total lot area.

“BUILDING, HEIGHT” - The vertical distance from finished grade to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs. Based on the basements finished floor height.

“BUILDING INSPECTOR” - The individual designated by the appointing authority to enforce the provisions of the building code.

“BUILDING LINE” - A line parallel to the street line touching that part of a building closest to the street.

“BUILDING MASS (Bulk)” - The height, width, and depth of a structure.

“BUILDING SCALE” - The relationship of a particular building, in terms of building mass, to other nearby and adjacent buildings.

“BUILDING SET-BACK LINE” - The line within a property defining the required minimum distance between any building and the adjacent right‑of‑way or property line.  This face includes sun parlors and covered porches whether enclosed or unenclosed, but does not include walks, steps, paved areas or terraces. (DEF: Terrace - A flat roof used for open-air activities.)

1. Front Set‑Back Line:  The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of buildings and structures and the front lot line.

2. Side Set‑Back Line:  The line nearest the side of and across a lot establishing the minimum open space to be provided between the side line of buildings and structures and the side lot line.

3. Rear Set‑Back Line:  The line nearest the rear of and across a lot establishing the minimum open space to be provided between the rear line of buildings and structures and the rear lot line.

4. Width of Building Line: The horizontal distance between side lot lines measured at the minimum prescribed front yard setback line, after any easement areas are accounted for, as set forth in this ordinance.

“BULK REGULATIONS” - Standards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including coverage, setbacks, height, floor area ratio, and yard requirements.

“BUS SHELTER” - A small, roofed structure, usually having three walls, located near a street and designed to accommodate the disabled.

“BUS TERMINAL or STATION” - Any premises for the storage or parking of motor-driven buses and the loading and unloading of passengers.

“BUS TURNOUT” - A paved indentation at the side of a roadway designed to allow buses to pick up and discharge passengers.

“CALIPER” - The diameter of a tree trunk, measured three feet or higher from ground level.

“CAMPING VEHICLE” - See Recreational Vehicle.

“CENTER for LOCAL GOVERNMENT SERVICES” – The Governor’s Center for Local Government Services located within the Department of Community and Economic Development.

“CERTIFICATE OF OCCUPANCY (CO)” - A document issued by a governmental authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed and will be used in compliance with all the applicable municipal codes and ordinances.

“CHANGE OF USE” - Any use that substantially differs from the previous use of a building or land.

“CHILD-CARE CENTER” - An establishment providing for the care, supervision, and protection of children.

“CHURCH” - A building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.

“CLUB” - A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.

“COMMERCIAL USE” - Activity involving the sale of goods or services carried out for profit.

“COMMERCIAL VEHICLE” - Any motor vehicle licensed by the state as a commercial vehicle.

“COMMON OPEN SPACE” - See Open Space, Common. A parcel or parcels of land or an area water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development not including streets, off-street parking areas, and areas set aside for public Facilities.

“COMPACT CAR Space” - Any motor vehicle space that does not exceed fifteen feet in length and five feet, nine inches in width.

“COMPREHENSIVE PLAN” - A comprehensive, long-range plan intended to guide the growth and development of a community or region that typically includes inventory and analytic sections leading to recommendations for the community’s future economic development, housing, recreation and open space, transportation, community facilities, and land use, all related to the community’s goals and objectives for these elements.

“CONCEPTUAL PLAN” - Informal review of a plan for development that carries no vesting rights or obligations on any party. See Plat, Sketch.

“CONDITIONAL USE” - A use permitted in a particular zoning district pursuant to the provisions in article VI of the Pennsylvania Municipalities Planning Code. (A use permitted in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use a specified in the zoning ordinance and authorized by the approving agency.)

“CONDITIONAL USE PERMIT” - A permit issued by the Board of Commissioners of Reserve Township stating that the conditional use meets all conditions set forth in local ordinances.

“CONDOMINIUM” - Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in portions of the real estate designated for common ownership are vested in the unit owners.

“CONDOMINIUM ASSOCIATION” - The community association that administers and maintains the common property and common elements of a condominium.

“CONFERENCE CENTER” - A facility used for conferences and seminars, with accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, and meeting rooms.

“CONSERVATION AREA (Greenways)” - Environmentally sensitive areas with characteristics such as steep slopes, wetlands, flood plains, high water tables, forest areas, endangered species habitat, dunes, or areas of significant biological productivity or uniqueness that have been designated for protection from any activity that would significantly alter their ecological integrity, balance, or character.

“CONSISTENCY” – An agreement or correspondence between matters being compared which denotes a reasonable rational, similar, connection, or relationship.

“CONSTRUCTION PERMIT” - Legal authorization for the erection, alteration, or extension of a structure.

“CONVENTION FACILITY” - A building or portion thereof designed to accommodate three hundred or more people in assembly.

“CONVERSION” - A change in the use of land or a structure.

“COUNTRY CLUB” - Land area and buildings containing golf courses, recreational facilities, a clubhouse, and customary accessory uses, open only to members and their guests.

“COUNTY” – Any county of the second through eighth class.

“COUNTY COMPREHENSIVE PLAN” – A land use and growth management plan prepared by the county department of planning and economic development and adopted by Allegheny County which establishes broad goals and criteria for municipalities to use in preparation of their comprehensive plan and land use regulations.

“CUL-DE-SAC” - The turnabout at the end of a dead-end street.

“DAY-CARE CENTER/DAY NURSERY” - See Child-Care Center

“DAYCARE”:

1. Child Daycare - Any premise other than the child's own home operated for profit or not for profit, in which child day care is provided at any one time to four, five, or six children who are not relatives of the care giver.

2. Elderly Daycare - Care given in a home or public structure to elderly persons who need supervision for personal needs in which meals and nursing care may or may not be directly available.

“DECIBEL” - A unit of sound pressure level.

“DECISION”-Final adjudication of any board or other body granted under jurisdiction under any land use ordinance or PA MPC to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the court of common pleas of the county and the jurisdictional district wherein the municipality lies.

“DENSITY” - The number of families, individuals, dwelling units, households, or housing per unit of land.

“DESIGNATED GROWTH AREA” – A region within a county or counties described in a municipal or multimunicipal plan that preferably includes and surrounds a city, townships or village, and within which residential and mixed use development is permitted or planned for at densities of one unit to the acre or more, commercial, industrial and institutional uses are permitted or planned for and public infrastructure services are provided or planned.

“DESIGN REVIEW” - The submission of a site or building design for review by the design review body constituted to comment or make recommendations on the design or to grant approval.

“DESIGN STANDARDS” - A set of guidelines defining parameters to be followed in site and/or building design and development.

“DETENTION BASIN (POND)” - A facility for the temporary storage of storm water runoff.

“DETERMINATION” - A final action by an officer, body or agency charged with the administration of any land use ordinance or application there under, except the following:

(1) the governing body

(2) the zoning hearing board

(3) the planning commission, only if and to the extent the planning agency is charged with the final decision on preliminary or final plans under the subdivision or land development ordinance or planned residential development provisions. Determinations shall be appealable only to the boards designated as having the jurisdiction for such appeal.

“DEVELOPER” - Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

“DEVELOPMENT OF REGIONLA SIGNIFICANCE AND IMPACT” – Any land development that, because of its character, magnitude, or location will have substantial effect upon the health, safety, or welfare of citizens in more than one municipality.

“DEVELOPMENT PLAN” – The provisions for development, including a planned residential development, a plat of subdivisions, all covenants related to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways, and parking facilities, common open space and public facilities. The phrase ”provisions for the development plan” when used in this ordinance shall mean the written and graphic materials referred to in this definition.

“DISTRICT, ZONING” - A section of the Township for which uniform regulations governing the use, height, area, and intensity of use of buildings and land and open spaces about buildings are herein established and referenced on the Township Zoning Map.

“DRIVE AISLE” - The traveled way by which cars enter and depart parking spaces.

“DWELLING UNIT” - Any structure, or part thereof, designed to be occupied as living quarters as a single housekeeping unit.

1. Detached House:  A dwelling unit occupying the whole of a freestanding residential structure.

2. Two Household or Semi-Detached House: A residential structure occupied by two (2) dwelling units with a common wall.

3. Duplex: A residential structure divided horizontally into two (2) dwelling units.

4. Row House or Town House: A structure with two (2) or more party walls of three (3) or more units not having any horizontal division between units.

5. Apartment: A dwelling unit separated horizontally and/or vertically from one or more other units in a structure.

a. Apartment House or Multi-Household Dwelling Unit: A residential structure containing three (3) or more dwelling units.

b. Garden Apartment: An apartment house not exceeding three (3) stories in height.

“ENGINEER” - A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality, planning agency, or joint planning commission.

“ENVIRONMENTAL IMPACT STATEMENT (EIS)” - A statement of the effect of proposed development and other major private or governmental actions, on the environment.

“ENVIRONMENTALLY SENSITIVE AREA” – An area with one or more of the following Characteristics:

(1) Slopes in excess of twenty percent (25%) (Can exceed if a Professional Geologist report verifies that soils can exceed 25 % on 50% of the site)

(2) Floodplain

(3) Soils classified as having a high water table

(4) Soils classified as highly erodible, subject to erosion, or highly acidic

(5) Land incapable of meeting percolation requirements

(6) Land formerly used in landfill operations or hazardous industrial use

(7) Fault areas

(8) Stream corridors

(9) Estuaries

(10) Mature strands of native vegetation

(11) Aquifer discharge and recharge areas

“FAMILY” - A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.

“FARM STRUCTURE” - Any building or structure used for agricultural purposes.

“FAST-FOOD RESTAURANT” - An establishment whose principal business is the sale of prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, in cars on the premises, or off the premises.

“FEASIBILITY STUDY” - An analysis of a specific project or program to determine if it can be successfully carried out.

“FENCE” - An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

“FENCE, LIVING” - A planted visual barrier provided along a property line consisting of low-level shrubs, hedges, or similar landscape screening materials, but excluding trees.

“FIRE LANE” - An unobstructed paved or improved surface area clearly defined by pavement markings and signs, at least twelve feet wide and designed to provide access for fire-fighting equipment.

“FISCAL IMPACT ANALYSIS (FIA)” - An analysis of the costs and revenues associated with a specific development application.

“FLAG LOT” - See Lot, Flag.

“FLOOD FRINGE AREA” - That portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus 25 percent of the regulatory base flood discharge.

“FLOOD HAZARD AREA” - The flood plain consisting of the floodway and the flood fringe area. See Flood Plain.

“FLOOD PLAIN” - The channel and the relatively flat area adjoining the channel of a natural stream or river that has been or may be covered by floodwater.

“FLOOD WAY” - The channel and the adjacent flat areas that must be reserved in order to discharge the regulatory base flood without cumulatively increasing the water surface elevation more than two tenths of one foot.

“FLOOR AREA” - The sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less that six feet.

“FLOOR AREA, NET” - The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking and loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.

“FOOT CANDLEPOWER” - Luminous intensity expressed in Isolux patterns taken down to a specified level. (The unit of illumination when the foot is the unit of length.)

“FORESTRY” – The management of forests and timberlands when practiced in accordance with accepted silvi-cultural principles, through developing, cultivating, transporting and selling trees for-commercial purposes, which does not involve any land.

“FRONT YARD” - See Yard, Front.

“FRONTAGE” - That side of a lot abutting on a street; the front lot line.

“FUTURE GROWTH AREA” – An area of a municipal or multimunicipal plan outside of and adjacent to a designated growth area where residential, commercial, industrial, and institutional uses and development are permitted or planned at varying densities and public infrastructure services may or may not be provided, but future development at greater densities is planned to accompany the orderly extension and provisions of public infrastructure services.

“GARAGE” - A deck, building, parking structure, or part thereof, used or intended to be used for the parking and storage of vehicles.

“GARAGE, MUNICIPAL” - A structure owned or operated by a municipality and used primarily for the parking and storing of vehicles owned by the general public.

“GARAGE, PRIVATE CUSTOMER AND EMPLOYEE” - A structure that is accessory to a non-retail commercial or manufacturing establishment, building, or use and is primarily for the parking and storage of vehicles operated by the customers, visitors, and employees of such building and that is not available to the general public.

“GARAGE, PRIVATE RESIDENTIAL” - A structure that is accessory to a residential building and that is used for the parking and storage of vehicles owned and operated by the residents thereof and that is not s separate commercial enterprise available to the general public.

“GARAGE, PUBLIC” - A structure, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.

“GARDEN APARTMENT” - See Dwelling, Garden Apartment.

“GASOLINE STATION” - See Automotive Service Station.

“GENERAL CONSISTENCY” – That which exhibits consistency.

“GOVERNING BODY” - The elected Township Commissioners of Reserve Township.

“GROSS FLOOR AREA” - See Floor Area, Gross and Net.

“HEALTH CARE FACILITY” - A facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions.

“HEALTH CLUB” - An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers.

“HEARING”- An administrative proceeding conducted by a board pursuant to Article IX, Section 909.1 of the Pennsylvania Municipalities Planning Code, as amended.

“HELIPORT” - An area, either at ground level or elevated on a structure, licensed by the federal government or an appropriate state agency and approved for the loading, landing, and takeoff of helicopters and including auxiliary facilities, such as parking, waiting room, fueling, and maintenance equipment.

“HOME OCCUPATION” - A business, profession, occupation or trade conducted for gain or support entirely within a residential building or structure accessory thereto, without special signs or displays, which is incidental and secondary to the use of such building for dwelling purposes and does not change the essential residential character of such building. No one living outside the home may be employed nor shall any commodity be sold or warehoused I the residential building or structure.

“HOME PROFESSIONAL OFFICE” - A home occupation consisting of the office of a practitioner of a recognized profession. See Home Occupation.

“HOMEOWNERS ASSOCIATION” - A community association, other than a condominium association, that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.

“HOMES FOR THE AGED” - See Adult Retirement Community; Assisted Living Facility; Congregate Residences; Continuing Care Retirement Community; Housing for the Elderly; Residential Health Care Facility; Retirement Community.

“HOSPITAL” - An institution providing primary health services and medical or surgical care to persons, primarily inpatients suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.

“HOTEL” - A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities.

“IMPACT FEE” - A fee imposed on a development to help finance the cost of improvements or services. (As permitted under Article V, Section 505-A of the PA MPC).

“INDUSTRIAL PARK” - A tract of land that is planned, developed, and operated as an integrated facility for a number of individual industrial uses, with consideration to transportation facilities (rail and highway). Circulation, parking, utility needs, aesthetics, and compatibility.

“INDUSTRIAL, LIGHT” - Industrial uses that meet the performance standards, bulk controls, and other requirements established in an ordinance.

“INFILL DEVELOPMENT” – The development of new housing or other buildings on scattered vacant sites in a built-up area (I.E., villages)

“INFRASTRUCTURE” - Facilities and services needed to sustain industry, residential, commercial, and all other land use activities.

“JUNK” - Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition.

“LAND” - Ground, soil, or earth, including structures on, above, or below the surface.

“LAND DEVELOPMENT” - Any of the following activities:

(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

a. A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single non‑residential building on a lot or lots regardless of the number of occupants or tenure; or

b. The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

(2) A subdivision of land.

(3) Development in accordance with section 503 (1.1) of the PA MPC.

“LANDOWNER” – The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such an option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the land owner, or other person having a proprietary interest in land.

“LANDSCAPE” - (1) An expanse of natural scenery; (2) lawns, trees, plants. (3) And other natural materials, such as rock and wood chips, and decorative features, including sculpture, patterned walks, fountains, and pools.

“LANDSCAPE PLAN” - A component of a development plan on which is shown: proposed landscape species (Such as number, spacing, size at time of planting, and planting details); proposals for protection of existing vegetation during and after construction; proposed treatment of hard and soft surfaces; proposed decorative features; grade changes; buffer and screening devices; and ant other information that can reasonably be required in order that an informed decision can be made by the approving authority.

“LAND USE ORDINANCE”- Any ordinance or map adopted pursuant to the Pennsylvania Municipalities Planning Code.

“LICENSED CARE FACILITY” - A facility operated pursuant to a license issued by the Commonwealth of Pennsylvania for a nursing home, intermediate unit, personal care, assisted living or any similar care facility stated in the license other than a hospital or child care center.

“LIGHT INDUSTRY” - See Industry, Light.

“LOADING SPACE” - A space within the main building or on the same lot therewith providing for the standing, loading, or unloading of vehicles.

“LOT” - A designated parcel, tract or area of land established by a plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed or built upon.

“LOT AREA” - The total area within the lot lines of a lot, excludes any streets rights-of-way.

“LOT AVERAGING” - A design technique permitting one or more lots in a subdivision be undersized, providing an equal or greater area oversize the same number of lots in the same subdivision.

“LOT, BUILDING LINE OF” - The line that bounds the buildable area of the lot, including front, rear and side building lines exclusive of any easement.

“LOT, CONFORMING” - A lot occupied or unoccupied by building or structures, fronting on a public street or a street in a plan of land subdivision, and having such area and open spaces thereon as are required by this chapter for one (1) of the uses permitted in the district in which it is located.

“LOT, CORNER” - A lot or parcel of land abutting upon two or more streets at their intersection or upon tow parts of the same street forming an interior angle of less than 135 degrees.

“LOT COVERAGE” - That percentage of the parcel or lot area that is covered by the building area, paved areas, parking and accessory structures.

“LOT, DEPTH” - The distance between the front and rear lot lines, perpendicular or radial to the Right of Way line, measured along the median between the two (2) side lot lines.

“LOT, FLAG” - A large lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway.

“LOT, IMPROVED” - (1) A lot upon which a building can be constructed and occupied; (2) a lot with buildings or structures.

“LOT LINE” - A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.

“LOT LINE, FRONT” - The lot line separating a lot from a street right-of-way.

“LOT LINE, REAR” - The lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

“LOT LINE, SIDE” - Any lot line other than a front or rear lot line.

“LOT, RECORDED” - A lot designated on a plot or subdivision duly recorded pursuant to the statute with the Recorder of Deeds of Allegheny County. A "recorded lot" may or may not coincide with a conforming lot or a non-conforming lot.

“LOT, REVERSE FRONTAGE” - A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts.

“LOT, THROUGH” - A lot that front upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot.

“LOT, WIDTH” - The horizontal distance between the side lot lines measured along the front and rear-building lines of the lot..

“MAINTENANCE GUARANTEE” - Any security that may be required and accepted by a governmental agency to assure that necessary improvements will function as required for a specific period of time. (As per Article V of the PA MPC). (Performance and Maintenance Bonds)

“MANUFACTURED HOUSING” - Factory-built, single-family structures that meets the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Sec. 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) code. (These units should have the DCED SEAL under the Kitchen Sink).

“MAP, OFFICIAL” - See Official Map.

“MARQUEE “- Any hood, canopy, awning, or permanent construction that projects from a wall of a building, usually above an entrance.

“MEDIATION”- A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring their differences, culminating in a written agreement which the parties themselves create and consider acceptable.

“MINERALS” – Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone, and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil, and natural gas.

“MINI-MALL” - A shopping center of between 80,000 to 150,000 square feet on a site of eight to fifteen acres where tenants are located on both sides of a covered walkway with direct pedestrian access to all establishments from the walkway.

“MIXED-USE ZONING” - Regulations that permit a combination of different uses within a single development.

“MOBILE HOME”- A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at the site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

“MOBILE HOME LOT” - A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

“MOBILE HOME PARK” - A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

“MODULAR UNIT, (MODULAR HOME)” - A unit transported on a removable or non-removable frame, in which some or all of the component parts are fabricated, formed or assembled off-site in a factory, transported to the site for assembly and installed on the building site with a permanent foundation. The term includes "module," "prefab," "factory built," "panel built," and similar other terms. The completed unit shall comply with building code standards for conventionally constructed units; the modular unit is considered real property. The completed unit's kitchen sink must display the seal of the Pennsylvania Department of Community Affairs.

“MOTEL” - An establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

“MOTION PICTURE THEATER” - A place where motion pictures are shown to the public for a fee.

“MULTIMUNICIPAL PLANNING AGENCY” – A planning agency comprised of representatives of more than one municipality and constituted as a joint planning commission in accordance with Article XI of the PA MPC, or otherwise by resolution of the participating municipalities to address on behalf of the municipalities multi-municipal issues, including but not limited to, agricultural and open space preservation, natural and historic resources, transportation, housing and economic development.

“MULTIUSE BUILDING” - A building containing two or more distinct uses.

“MUNICIPAL AUTHORITY” - A body politic and corporate created pursuant to the act of June 19, 2001, (P.L. 287, No. 22), 53 Pa.C.S. section 5601, et seq., under the former Act of June 28, 1935 (P.L. 463, No. 191), known as the Municipality Authorities Act of 1935, or under the Act of May 2, 1945 (P.L. 382, No. 164), known as the “ Municipality Authorities Act of 1945.

“MUNICIPAL ENGINEER” – A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality, planning agency or joint planning commission.

“MUNICIPALITY” – Any city of the second class A or third class, township, incorporated town, township of the first or second class, county of the second through eighth class, home rule municipality, or any similar general purpose unit of government which shall hereafter created by the General Assembly.

“NET AREA OF LOT (NET ACREAGE)” - The are of the lot excluding those features or areas that the development ordinance excludes from the calculations.

“NO-IMPACT HOME BASED BUSINESS” – A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements: (1) The business activity shall be compatible with the residential use of the property and surrounding residential uses; (2) The business shall employ no employees other than family members residing in the dwelling; (3) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature; 4) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights; (5) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood; (6) The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood; (7) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area; and (8) The business may not involve any illegal activity.

“NOISE” - An undesired audible sound.

“NOISE POLLUTION” - Continuous or episodic excessive noise in the human environment.

“NONCONFORMING LOT” - A lot the area or dimensions, of which was lawful prior to the adoption or amendment of the zoning ordinance, but that fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

“NONCONFORMING SIGN” - Any lawful existing sign on the effective date of an ordinance, or amendment thereto, that renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.

“NONCONFORMING STRUCTURE” - A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereinafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

“NONCONFORMING USE” - A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation

“NURSERY” - Land or greenhouses used to raise flowers, shrubs, and plants for sale.

“NURSERY SCHOOL” - See Child-Care Center.

“NURSING HOME” - See Extended Care Facility; Intermediate Care Facility; Long-Term care Facility. See Licensed Care Facility.

“OCCUPANCY or OCCUPIED” - The residing of an individual or individuals overnight in a dwelling unit or the storage or use of equipment, merchandise, or machinery in any public, commercial or industrial building.

“OCCUPANCY PERMIT” - A required permit allowing the use of a building or structure after it has been determined that all the requirements of applicable ordinances have been met. (DO WE WANT TO NOTE C/O ORDINANCE?)

“ODOROUS MATTER” - Any material that produces an olfactory nuisance to a human being.

“OFFICE BUILDING” - A building used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity, and may include ancillary services for office workers, such as a restaurant, coffee shops, newspaper or candy stand, and child-care facilities.

“OFFICE PARK” - A development on a tract of land that contains a number of separate office buildings, accessory and supporting uses, and open space designed, planned, constructed, and managed on an integrated and coordinated basis.

“OFFICIAL MAP” - A map adopted pursuant to Article IV of the Pennsylvania Municipalities Planning Code. (An ordinance in map form adopted by the governing body that conclusively shows the location and width of proposed streets, public facilities, public areas, and drainage rights-of-way.)

“OFF-SITE PARKING” - Parking provided for a specific use but located on a site other than the one on which the specific use is located.

“OFF-STREET LOADING” - Designated areas located adjacent to buildings where trucks may load and unload cargo.

“ON-STREET PARKING SPACE” - A temporary storage area for a motor vehicle that is located on a dedicated street right-of-way.

“OPEN SPACE, COMMON” - A parcel or parcels of land or an area water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development not including streets, off-street parking areas, and areas set aside for public Facilities. (Essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or the use and enjoyment of owners, occupants, and their quests of land adjoining or neighboring such open space)

“OPEN SPACE, GREEN” - An open space not occupied by any structures or impervious surfaces.

“OPEN SPACE, PRIVATE” - Common open space, the use of which is normally limited to the occupants of a single dwelling or building or property.

“ORDINANCE” - A municipally adopted law or regulation.

“ORNAMENTAL TREE” - A deciduous tree planted primarily for its ornamental value or for screening purposes; tends to be smaller at maturity than a shade tree.

“OUTDOOR STORAGE” - The keeping, in an enclosed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours.

“OVERLAY ZONE” - A zoning district that encompasses one or more underlying zones, and that imposes additional requirements above that required by the underlying zone.

“PARKING, SHARED” - Joint use of a parking area for more than use.

“PARKING ACCESS” - The area of parking lot that allows motor vehicles ingress and egress from the street.

“PARKING AREA” - Any public or private area of a building or structure, designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated area of public streets.

“PARKING AREA, PRIVATE” - A parking area for the exclusive of the owners, tenants, lessees, or occupants of the lot on which the parking area is located or their customers, employees, or whomever else they permit to use the parking area.

“PARKING AREA, PUBLIC” - A parking area for or open to the public, with or without payment of a fee.

“PARKING BAY” - The parking module consisting of one or two rows of parking spaces and the aisle from which motor vehicles enter and leave the spaces.

“PARKING LOT” - An off-street, ground level open area, usually improved, for temporary storage of motor vehicles.

“PARKING SPACE” - A space for the parking of motor vehicle within a public or private parking area.

“PERFORMANCE STANDARDS” - A set of criteria or limits relating to certain characteristics that a particular use or process may not exceed.

“PERMIT” - Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.

“PERMITTED USE” - Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

“PLACE OF WORSHIP” - (1) A church, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar beliefs; (2) a special purpose building that is architecturally designed and particularly adapted for the primary use of conducting on a regular basis formal religious services by a religious congregation. (See Church)

“PLANNED DEVELOPMENT” - An area of minimum contiguous size, as specified by ordinance, to be planned, developed, operated, and maintained according to plan as a single entity and containing one or more structures with appurtenant common areas.

“PLANNED RESIDENTIAL DEVELOPMENT (PRD)” - An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and non-residential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage, and required open space to the regulations established in any one district created, from time to time, under the provisions of the municipal zoning ordinance.

“PLANNING AGENCY” – A planning commission, planning department, or a planning committee of the governing body.

“PLAT” – The map or plan of a subdivision or land development, whether preliminary or final.

“PREEXISTING USE” - The use of a lot or structure prior to the time of the enactment of a zoning ordinance.

“PRESERVATION or PROTECTION” – When used in connection with the natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use, but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.

“PRIME AGRICULTURAL LAND” – Land used for agricultural purposes that contain soils of the first, second, or third class as defined by the United States Department of Agriculture natural resources and conservation services county soil survey.

“PRINICIPAL BUILDING - See Building, Principal.

“PRIVATE CLUB” - A building and related facilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, educational, recreational, or cultural enrichment of its members and not primarily for profit and whose members pay dues and meet certain prescribed qualifications for membership.

“PRIVATE SCHOOL” - See School, Private.

“PROFESSIONAL OFFICE” - The office of a member of a recognized professional maintained

for the conduct of that profession.

“PROHIBITED USE” - A use that is not permitted in a zone district.

“PROPERTY” - A lot, parcel, or tract of land together with the building and structures located thereon.

“PROPERTY LINE” - See Lot Line.

“PROTECTIVE COVENANT” - See Restrictive Covenant.

“PUBLIC AREAS” - Parks, playgrounds, trails, paths, and other recreational areas and open spaces; scenic and historic sites; schools and other places where the public is directly or indirectly invited to visit or permitted to congregate.

“PUBLIC BUILDING” - Any building structure, facility, or complex used by the general public, whether constructed by any state, county, or municipal government agency or instrumentality or any private individual, partnership, association, or corporation including, but not limited to, assembly buildings, such as auditoriums, libraries, public eating places, schools and theaters; business buildings, such as offices; and factories and industrial buildings.

“PUBLIC GROUNDS” – Includes:

(1) Parks, playgrounds, trails, paths and other recreation areas and other public areas;

(2) Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and

(3) Publicly owned or operated scenic and historic sites

“PUBLIC HEARING” - A formal meeting held pursuant to public notice by the governing body, or planning agency intended to inform and obtain public comment, prior to taking actions in accordance with the provisions of the PA MPC.

“PUBLIC INFRASTRUCTURE AREAS” – A designated growth area and all or any portion of a future growth area described in a county or multimunicipal comprehensive plan where public infrastructure services will be provided and outside of which such public infrastructure services will not be required to be publicly financed.

“PUBLIC INFRASTRUCTURE SERVICES” – Services provided to areas with densities of one or more units to the acre, which may include sanitary sewers and facilities for the collection and treatment of sewage, water lines and facilities for pumping and treating of water, parks and open space, streets and sidewalks, public transportation and other services that may be appropriated within a growth area, but shall exclude fire protection and emergency medical services and any other service required to protect the health and safety of residents.

“PUBLIC MEETING” - A forum (meeting) held pursuant to notice under 65 Pa. CH. 7.

“PUBLIC NOTICE” - A notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than thirty days and the second publication shall not be less than seven days from the date of the hearing.

“PUBLIC UTILITY” - A closely regulated enterprise with a franchise for providing to the public a utility service deemed necessary for the public health, safety, and welfare.

“REAR LOT LINE” - See Lot Line, Rear.

“REAR YARD” - See Yard, Rear.

“RECREATION FACILITY” - A place designed and equipped for the conduct of sports and leisure-time activities.

“RECREATION FACILITY, COMMERCIAL” - A recreation facility operated as a business and open to the public for a fee.

“RECREATION FACILITY, PERSONAL” - A recreation facility provided as an accessory use of the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.

“RECREATION FACILITY, PRIVATE” - A recreation facility operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.

“RECREATION, PUBLIC” - A recreation facility open to the general public.

“RECREATIONAL VEHICLE” - A vehicle-type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as a temporary living accommodation for recreational, camping, and travel use.

“REGIONAL PLANNING AGENCY” – A planning agency that is comprised of representatives from more than one county. Regional planning shall include providing technical assistance to counties and municipalities, mediating conflicts across county lines and reviewing county comprehensive plans for consistency with one another.

“RELIGIOUS USE” - A structure or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held.

“REPAIR GARAGE” – A structure where motor vehicles and their parts are serviced and repaired for a fee.

“REPORT” - Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie there from. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

“RENEWABLE ENERGY SOURCE” – Any method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes.

“RESIDENTIAL CLUSTER” - A form of planned residential development to be developed as a single entity according to a plan and containing residential housing units that have a private or public open space area as an appurtenance.

“RESIDENTIAL DENSITY” - The number of dwelling units per acre of residential land.

“RESIDENTIAL HEALTH CARE FACILITY (RHCF)” - Residences usually occupied by the frail elderly that provide rooms, meals, personal care, and health monitoring services under the supervision of a professional nurse and that may provide other services, such as recreational, social, and cultural activities, financial services, and transportation.

“RESTAURANT “ - An establishment where food and drink are prepared, served, and consumed primarily within the principal building. See Restaurant, Carry-Our..

“RESTAURANT, CARRYOUT” - An establishment that by design of the physical facilities, service, or packaging sells prepared ready-to-eat foods intended primarily to be consumed off the premises where food and/or beverages are sold in a form ready for consumption, and pickup of food may take place from an automobile.

“RETAIL FOOD ESTABLISHMENT, MOBILE” - A vehicle, normally a van, truck, towed trailer, or pushcart, from which food and beverages are sold.

“RETAIL SALES” - Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

“RETAIL SALES, OUTDOOR” - The display and sale of products and services primarily outside of a building or structure, including vehicles, garden supplies, gas, tires and motor oil, food and beverages, boats and aircraft, farm equipment, motor homes, burial monuments, building and landscape materials, and lumber yards.

“RETAIL SERVICES” - Establishments providing services or entertainment, as opposed to products, to the general public for personal or household use, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal service, motion pictures, amusement and recreation services, health, educational, and social services, museums, and galleries.

“RETAIL WAREHOUSE OUTLET” - Retail operation from a warehouse as an accessory use to the principal warehouse use.

“RETIREMENT COMMUNITY” - Any age-restricted development, which may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semiprivate rooms.

“REVERSE FRONTAGE” - See Lot, Reverse Frontage.

“RURAL RESOURCE AREA” – An area described in a municipal or multimunicipal plan within which rural resource uses including, but not limited to, agriculture, timbering, mining, quarrying, and other extractive industries, forest and game lands, and recreation and tourism are encouraged and enhanced, development that is compatible with or supportive of such uses in permitted, and public infrastructure services are not provided except in villages.

“SATELLITE DISH ANTENNA” - A device comprised of a reflective surface that is solid, open mesh, or bar-configured and is in the shape of a shallow dish, cone or horn. Such device shall be used to transmit or receive radio or similar type signals between terrestrially and/or Earth orbiting satellites. This definition is meant to include but is not limited to what are commonly referred to as satellite Earth stations, TVRO's (Television Reception Only), and microwave antennas.

“SCHOOL” - Any building or part thereof, which is designed, constructed, or used for education or instruction in any branch or knowledge.

“SCHOOL, ELEMENTARY” - Any school licensed by the state and that meets the state requirements for elementary education.

“SCHOOL, PAROCHIAL” - A school supported and controlled by a church or religious organization. See School, Private.

“SCHOOL, PRIVATE” - Any building or group of buildings the use of which meets state requirements for elementary, secondary, or higher education and which use does not secure the major part of its funding from any governmental agency.

“SCHOOL, SECONDARY” - Any school licensed by the state and that is authorized to award diplomas for secondary education.

“SCHOOL DISTRICT” - A district that serves as a unit for state financing and administration of elementary and secondary schools.

“SCREENING” - (1) A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation; (2) the removal of relatively course floating and/or suspended solids by straining through racks or screens.

“SEASONAL STRUCTURE” - A temporary covering erected over a recreational amenity, such as a swimming pool or tennis court, for temporary or extended use, during cold weather months of inclement conditions.

“SEASONAL USE” - A temporary use carried on for only a part of the year, such as outdoor golfing, swimming during the summer months or skiing during the winter months.

“SELF-SERVICE STORAGE FACILITY” - A structure containing separate, individual, and private storage spaces of varying sizes leased or rents on individual leases for varying periods of time.

“SERVICES” - Establishments primarily engaged in providing assistance, as opposed to products, to individuals, business, industry, government, and other enterprises, including hotels and other lodging places; personal, business, repair, and amusement services; health, legal, engineering, and other professional services; educational services; membership organizations; and other miscellaneous services.

“SETBACK” - The distance between the building and lot line.

“SETBACK LINE” - The line that is the required minimum distance from any lot line and that establishes the area within the principal structure must be erected or placed. See Building Line.

“SHADE TREE” - A tree, usually deciduous, planted primarily for overhead canopy.

“SHARED DRIVEWAY” - A single driveway serving two or more adjourning lots.

“SHARED PARKING” - See Parking, Shared.

“SHED” - A building or structure used as a storage place or workshop and may not have a maximum square footage of greater than 160 square feet and a maximum height of 10 feet.

“SHOPPING CENTER” - A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.

“SIDE YARD” - See Yard, Side.

“SIGN” - Any object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projects images.

“SIGN ANIMATED OR MOVING” - Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation.

“SIGN, AWNING, CANOPY, OR MARQUEE” - A sign that is mounted, painted, or attached to an awning, canopy, or marquee that is otherwise permitted by ordinance.

SIGN, BENCH” - A sign painted, located on, or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public place or roadway.

“SIGN, BILLBOARD” - A sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

“SIGN, BULLETIN BOARD” - A sign that identifies an institution or organization on the premises on which it is located and that contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages.

“SIGN, BUSINESS” - A sign which directs attention to a business, or profession conducted, or to a commodity or service sold, offered, or manufactured, or to an entertainment offered on the premises where the sign is located.

“SIGN, CONSTRUCTION” - A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.

“SIGN, DIRECTIONAL” - Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as “one-way,” “entrance,” and “exit.”

“SIGN, DIRECTORY” - A sign listing the tenants or occupants of a building or group of buildings and that may indicate their respective professions or business activities.

“SIGN, FAÇADE” - See Sign, Wall.

“SIGN, FACE” - The area or display surface used for the message.

“SIGN, FLASHING” - Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever.

“SIGN, FREESTANDING” - any non-movable sign not affixed to a building.

“SIGN, GOVERNMENTAL” - A sign erected and maintained pursuant to and in discharge of any governmental functions or required by law, ordinance, or other governmental regulation.

“SIGN, GROUND” - Any sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure.

“SIGN, HOLIDAY DECORATION” - Temporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local, or religious holiday.

“SIGN, HOME OCCUPATION” - A sign containing only the name and occupation of a permitted home occupation.

“SIGN, IDENTIFICATION” - A sign giving the nature, logo, trademark, or other identifying symbol; address; or any combination of the name, symbol, and address of a building, business, development, or establishment on the premises where it is located.

“SIGN, ILLUMINATED” - A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.

“SIGN, INFLATABLE” - Any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event.

“SIGN, MEMORIAL” - A sign, tablet, or plaque memorializing a person, event, structure, or site.

“SIGN, NAMEPLATE” - A sign located on the premises, giving the name or address, or both, of the owner or occupant of a building or premises.

“SIGN, OFF-PREMISES” - See Sign, Billboard.

“SIGN, ON-SITE INFORMATIONAL” - A sign commonly associated with, and not limited to, information and directions necessary or convenient for visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms, and pickup and delivery areas.

“SIGN, POLE” - A sign that is mounted on s freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade.

“SIGN, POLITICAL - A temporary sign announcing or supporting political candidates or issues in connection with any national, state, or local election.

“SIGN, PORTABLE” - A sign that is not permanent, affixed to a building, structure, or the ground.

“SIGN, PRIVATE SALE OR EVENT” - A temporary sign advertising private sales of personal property, such as “house sales,” “garage sales,” “rummage sales,” and the like, or private not-for-profit events, such as picnics, carnivals, bazaars, game nights, or art fairs, craft shows, and Christmas tree sales.

“SIGN, PROJECTING” - A sign that is wholly or partly dependent upon a building for support and that projects more than twelve (12) inches from such building.

“SIGN, REAL ESTATE” - A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.

“SIGN, ROOF” - A sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top wall or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.

“SIGN, SUSPENDED” - A sign hanging down from a marquee, awning, or porch that would exist without the sign.

“SIGN, TEMPORARY” - A sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material and designed or intended to be displayed for a short period of time.

“SIGN, WALL” - A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project more than twelve (12) inches from such building or structure.

“SIGN AREA” - The entire face of a sign, including the advertising surface and any framing, trim, or molding but not including the supporting structure.

“SIGN CONTROL” - Regulations on the number, size, location, height, color, materials, lighting, and content of signs.

“SIGN PROJECTION” - On a sign attached to a wall, the distance from the exterior wall surface to the sign element farthest distance from such surface.

“SPECIAL EXCEPTION” - A use permitted in a particular zoning district pursuant to the provisions of Articles VI and IX of the Pennsylvania Municipalities Planning Code and Article 306 of this ordinance.

“SPECIALTY FOOD STORE” - A retail store specializing in a specific type or class of foods, such as an appetizer store, bakery, butcher, delicatessen, fish market, or gourmet store.

“SPECIFICATIONS” - Detailed instructions that designate the quality and quantity of materials and workmanship expected in the construction of a structure.

“SPECIFIC PLAN” – A detailed plan for nonresidential development of an area covered by a municipal or multimunicipal comprehensive plan, which when approved and adopted by the participating municipalities through ordinances and agreements supersedes all other applications.

“STATE LAND USE AND GROWTH MANAGEMENT REPORT” – A land use and growth management report to be prepared by the Center for Local Government Services and which shall contain information, data and conclusions regarding growth and development patterns in this Commonwealth and which will offer recommendations to commonwealth agencies for coordination of executive action, regulation and programs.

“STORY, HALF” - A space under a sloping roof that has the line of intersection of the roof and wall face not more than three (3) feet above the floor level and in which space the possible floor area with head room of five feet or less occupies at least forty (40) percent of the total area of the story directly beneath.

“STREET” – Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, ally, viaduct and any other ways used or intended to be used for vehicular traffic or pedestrians whether public or private.

“STRUCTURE” - Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to land.

“STRUCTURE, HEIGHT OF” - (other than a building), The vertical measured distance from the adjacent finished grade level to the highest point of the structure.

“SUBDIVISION” – The division or re-division of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development: Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

“SUBSTANTIALLY COMPLETED” – Where, in the judgment of the municipal engineer, at least 90 % of (based on the cost of the required improvements for which financial security was posted pursuant to Article V, Section 509 of the PA MPC), for those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.

“SWIMMING POOL, PRIVATE” - A water filled enclosure, permanently constructed or portable, having a depth of more than eighteen (18) inches below the level of the surrounding land, or an above-surface pool, having a depth of more than thirty (30) inches, designed, used, and maintained for swimming and bathing.

“TAVERN” - An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.

“TAX MAP” - The map of delineated lots or tracts in a municipality showing boundaries, bearings, sizes, and dimensions, including the block and lot numbers.

“TEMPORARY STRUCTURE “- A structure without any foundation or footings and that is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

“TEMPORARY USE” - A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.

“THEATRE” - A building or part of a building devoted to showing motion pictures or for dramatic, dance, musical, or other live performances.

“THEATER, DRIVE-IN” - an open lot devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.

“TOWNSHIP” – The Township of Reserve.

“TRAILER” - A structure standing on wheels, towed or hauled by another vehicle, and used for short-term human occupancy, carrying of materials, goods, or objects, or as a temporary office.

“TRADITIONAL NEIGHBORHOOD DEVELOPMENT” – An area of land developed for a compatible mixture of residential units for various income levels and nonresidential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings, and parks are interwoven within the neighborhood so that all are within relatively close proximity to each other. Traditional neighborhood development is relatively compact, limited in size and orientation toward pedestrian activity. It has an identifiable center and discernible edge. The center of the neighborhood is in the form of a park, common, plaza, square or prominent intersection of two or more major streets. Generally, there is a hierarchy of streets laid out in a rectilinear or grid pattern of interconnecting streets and blocks that provides multiple routes from origins to destinations and are appropriately designed to serve the needs of pedestrians and vehicles equally.

“TRANSFER OF DEVELOPMENT RIGHTS (TRD)” - The attaching of development rights to specific lands which are desired by a municipality to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands where more intensive development is deemed appropriate. .

“USE” - The purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.

“USE, ACCESSORY” - See Accessory Use.

“USE, CONDITIONAL” - See Conditional Use.

“USE, EXISTING” - See Existing Use.

“USE, INSTITUTIONAL” - See Institutional Use.

“USE, PERMITTED” - See Permitted Use.

“USE, RELIGIOUS” - See Religious Use.

“USE, TEMPORARY” - See Temporary Use.

“USE VARIANCE” - See Variance Use.

“USER CHARGES” - A requirement of government under which those that benefit directly from a particular municipal service pay all or part of the cost.

“UTILITY, PRIVATE OR PUBLIC” - (1) Any agency that, under public franchise or ownership, or under certificate of convenience and necessity, or by grant of convenience and necessity, or by grant of authority by a governmental agency, provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection, or other similar service; (2) a closely regulated enterprise with a franchise for providing a needed service, See Public Utility.

“VARIANCE” - Relief granted pursuant to the provisions of Articles VI and IX of the PA MPC. (Permission to depart from the literal requirements of a zoning ordinance).

“VARIANCE, DIMENSIONAL” - A departure from any provision of a zoning ordinance except use. See Variance, Hardship.

“VARIANCE, HARDSHIP” - A departure from the provisions of a zoning ordinance relating to setbacks, side yards, frontage requirements, and lot size that, if applied to a specific lot, would significantly interfere with the use of the property. (Up to JV)

“VARIANCE, USE” - A variance granted for a use or structure that is not permitted in the zone.

“VEHICLE, MOTOR” - A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle.

“VEHICLE, OFF-ROAD (ORV)” - Vehicles designed for use on a variety of non-improved surfaces and including dune buggies and all-terrain vehicles, snowmobiles, trail bikes, mopeds, and motor bikes.

“VEHICLE, RECREATIONAL” - See Recreational Vehicle.

“WAREHOUSE” - A building used for the storage of goods and materials.

“YARD” - An open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in the ordinance is unoccupied and unobstructed from the ground upward except as may be specifically provided in the zoning ordinance. See buildable Area; Lot Line; Yard Depth; Yard Lines.

“YARD, FRONT” - A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.

“YARD, REQUIRED” - A space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.

“YARD, SIDE” - A space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.

“ZERO LOT LINE” - The location of a building on a lot in such a manner that one or more of the building’s sides rest directly on a lot line.

“ZONING” - The delineation of districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.

“ZONING APPEALS” - The Zoning Hearing Board hears and decides requests by landowners or persons aggrieved who believe that any officer or agency of the municipality made a decision or issued an order that is not authorized by or is contrary to the ordinance.

“ZONING HEARING BOARD” – The Reserve Township Zoning Hearing Board.

“ZONING ORDINANCE” – A ordinance or map adopted pursuant to the authority granted in Articles IV, V, VI, and VII of the Pennsylvania Municipalities Planning Code.

“ZONING MAP” - The map or maps that are a part of the zoning ordinance and delineate the boundaries of zone district.

“ZONING OFFICER” - The administrative officer designated to administer the zoning ordinance and issue zoning permits.

“ZONING PERMIT” - A document signed by a zoning officer, as required in the zoning ordinance, as a condition precedent to the commencement of a use, or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, that acknowledges that such use, structure, or building complies with the provisions of the municipal zoning ordinance or an authorized variance therefore.

ARTICLE III

ADMINISTRATION

Section 301: PURPOSE

The purpose of this Article is to define the following administrative provisions: zoning permits, how to get zoning permits, variances, how to get a variance, special exception uses, conditional uses, procedures for obtaining permits for special exception and condition uses, lists the standards that the Zoning Hearing Board is to utilize in determining whether or not to grant a special exception use, lists the standards that the Township Board of Commissioners is to employ in determining whether or not to grant a conditional use, how the Ordinance is enforced, how landowners may contest the Zoning Officer’s determinations, how landowners may dispute the validity of this Ordinance and the Ordinance’s administrative provisions that are relevant to municipal officials such as the zoning-related duties of the Zoning Official, Township Board of Commissioners, and the establishment and conduct of the Zoning Hearing Board.

Section 302: ZONING PERMITS

A. When Zoning Permits Are Needed:

A zoning permit is needed before a land owner may have a non-sign structure erected, constructed, altered, razed, converted, or moved onto his or her lot; or have a nonconforming, non-sign structure reconstructed, structurally altered, or moved on his or her lot (unless this ordinance specifically states otherwise). Article X, “Signs,” explains when zoning permits are required for signs. No land improvements or other development activities shall be commenced before the involved landowner has a zoning permit for these activities.

B. The Procedure For Obtaining A Zoning Permit:

Anyone who wishes to obtain a zoning permit shall follow the procedure below.

1. Application for Permits:

All applications for Zoning Permits shall be accompanied by a drawing in duplicate, drawn to a scale of one (1") inch equals forty (40') feet, actually showing the shape and dimensions of the lot to be built upon, the exact size and location of any buildings existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of households or dwelling units the building is designed to accommodate, and such information as may be necessary to determine compliance with this Ordinance and all other pertinent ordinances. Both copies of such plans shall be approved. One copy shall remain with the township and one will be returned to the applicant. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied.

2. Issuance or Denial of Permits:

The issuance or denial of zoning permits shall follow the following procedure.

a. Filing:

An application shall not be officially filed until all required information has been submitted. Within 30 days of this official filing, the Zoning Officer shall either issue or deny the zoning permit in writing citing the sections of the ordinance provision not met. Arrived parties may appeal the Zoning Officers Decision as per Article III, Section 310 of this ordinance.

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b. Review:

The Zoning Officer shall not issue a permit unless it is determined that (1) the proposed development complies with the provisions of this and all other pertinent ordinances, and (2) the permit meets approvals thru the interdepartment review process.

c. Decision:

If these determinations are made, then the Zoning Officer shall issue a zoning permit. If the Zoning Officer does not act within the required 30 day time period, then the permit shall be deemed to be issued.

C. Vested Rights:

Nothing in this Ordinance shall require any change in the development or use of a lot or structure for which a zoning permit was lawfully issued prior to the effective date of this ordinance’s enactment (or the effective date of an amendment to this ordinance), provided that development (other than excavations) has begun or contracts have been let pursuant to the permit. However, any zoning permit which was issued after the first public hearing on this ordinance (or an amendment to this Ordinance) but prior to the effective date of this ordinance’s enactment (or the amendment’s enactment) shall be declared void if the involved development does not conform to the provisions of this ordinance, development (other than excavations) has not begun, and contracts have not been let pursuant to the permit.

D. Development Changes:

If a zoning permit is issued, the involved development shall not deviate from the plans and other information submitted to the Zoning Officer without the written approval of the Zoning Officer -- or the Township Board of Commissioners in the case of a conditional or temporary use and the Zoning Hearing Board in the case of a special exception. Requests for all such approvals shall be submitted in writing to the Zoning Officer.

E. The Duration of Zoning Permits:

A zoning permit shall expire within twelve (12) months of the date of issuance if all required permits have not been approved regardless of jurisdiction. If all required permits have not been approved in the specified time period a permit extension may be requested through the issuing Authority.

F. Inspections:

In order to determine if the information submitted on or with an application is true and is being adhered to, the Zoning Officer shall have the authority to enter any building, structure, premises, property, or development in the Township at any reasonable hour upon presentation of proper credentials. If the party seeking a zoning permit believes that the denial of a zoning permit was made in error aggrieved persons may appeal the issuance of a zoning permit, as specified in Section 310, “Appealing the Determination of a Zoning Officer.”

G. Revocation of Permits:

If the Zoning Officer discovers that the development does not comply with the approved application or any applicable laws or ordinances, or if the permit fee required by this ordinance has not been paid, or if the Zoning Officer determines that an applicant has made any false statements or misrepresentations regarding the development, the Zoning Officer shall revoke the zoning permit and proceed with whatever legal action is necessary to correct the violation (see Section 307, “Enforcement”).

H. Permits Issued in Error:

Any zoning permits issued in error shall be null and void.

I. Appeals:

The applicant may appeal the denial of a zoning permit, and aggrieved persons may appeal the issuance of a zoning permit, as specified in Section 310, “Appealing the Determination of a Zoning Officer.”

Section 303: SUPPLEMENTAL ZONING PERMIT REQUIREMENTS - SEXUALLY ORIENTED BUSINESS.

In order that the Zoning Officer may have a reasonable basis upon which to approve a proposed sexually oriented business or an expansion of an sexually oriented business for conformity to the requirements of this Ordinance, the data required in Article VIII, “Sexually Oriented Business” (“C-2,” Commercial Zoning District), shall be submitted with an application for a permit; in addition to the requirements aforementioned for a zoning permit in Section 302, “Zoning Permits.”

Section 304: SUPPLEMENTAL ZONING PERMIT REQUIREMENTS - INDUSTRIAL

ZONES

In order that the Zoning Officer may have a reasonable basis upon which to approve a proposed industrial operation or an expansion of an existing industrial operation for conformity to the requirements of this Ordinance, the data required in Section 304, “Supplemental Zoning Permit Requirements”(Light-Industrial Zone), and Section 304, “Supplemental Zoning Permit Requirements”, shall be submitted with an application for a permit; in addition to the requirements aforementioned for a zoning permit in Section 302, “Zoning Permits.”

Section 305: VARIANCES

The regulations of this Ordinance apply to and are designed to address the conditions of either the entire Township or an entire zone. Thus, they are not precisely geared to any one property. The regulations were designed in this manner to avoid unequal, unfair, or arbitrary treatment of different landowners. Because these generalized regulations were not designed with any one property in mind, however, it is possible -- in a few situations -- that they could prevent any use of a property. The function of a variance is to provide relief from such a situation. A variance gives a landowner or tenant permission to do something that violates a provision of this Ordinance in order to keep him or her from suffering an “unnecessary hardship” due to that provision.

However, variances should not be given freely. If every landowner or tenant who suffered any kind of a hardship due to the regulations of this Ordinance were granted a variance, then this Ordinance would be unable to fulfill its purposes. Thus, letter “C” below specifies conditions that the Zoning Hearing Board (Section 314) uses to distinguish genuine unnecessary hardships from common inconveniences.

A. Who May Apply:

Any landowner or any tenant with the written permission of such landowner may apply for a variance.

B. Procedure:

A party listed in letter “A” above who wishes to obtain a variance must submit a written application to the Zoning Officer on a form supplied by the Zoning Hearing Board. This application shall specifically cite the provisions of this Ordinance from which the applicant is seeking relief. After determining that the application is complete, the Zoning Officer shall forward the application to the members of the Zoning Hearing Board. At the involved hearing, the Zoning Hearing Board shall follow the procedure specified in Section 314, “The Zoning Hearing Board.” In granting any variance the Zoning Hearing Board may attach such reasonable conditions and safeguards, as it may deem necessary to implement the purposes of this Ordinance. Appeals to the Board’s decision may be made to the court of common pleas in the judicial district where the involved property is located.

C. Conditions:

The Zoning Hearing Board may only grant a variance when it makes all of the following five findings where relevant in a given case:

1. that there are unique and peculiar physical conditions present on the involved property, such as the size, shape, or topography of the involved lot, that were not created by the provisions of this ordinance;

2. that, because of these conditions, there is no possibility that the involved property can be developed in strict conformity with the provisions of this ordinance -- that if these provisions were rigidly implemented, the property would be virtually unusable and without any economic value;

3. that this unnecessary hardship was not created by the applicant property owner/tenant or any of his or her predecessors;

4. that the variance requested, if granted, (1) will not alter the essential character of the involved neighborhood or zoning district, (2) will not substantially or permanently impair the appropriate use or development of any adjacent properties, and (3) will not be detrimental to the public welfare; and

5. that the variance, if granted, will be the smallest possible modification of the involved regulation that will provide relief from this regulation.

Section 306: SPECIAL EXCEPTIONS AND CONDITIONAL USES

Within the township generally, or within certain zoning districts, certain uses specified in this Ordinance are appropriate for certain zoning districts only if adequate precautions are taken to assure that they do not generate adverse impacts and to assure that they comply with the purpose of the zoning district and this Ordinance. These uses are of such a nature that the heightened scrutiny of special and intensive review is required to determine whether they should be permitted in specific locations, and if any special conditions and safeguards should be applied if a special exception or a conditional use permit is granted.

It is important to note that special exceptions and conditional uses are not deviations from this Ordinance or its purposes listed in Section 301, “Purpose.” These uses are both envisioned by this Ordinance and -- if the location and operation standards prescribed by this article are followed -- permitted by this Ordinance.

Both a “special exception” and a “conditional use” are permissions granted to an applicant to use land in a zoning district for a purpose or land use that is not permitted outright (i.e., that is not a permitted principal or accessory use) in that district. Special exceptions and conditional uses are utilized by this Ordinance because merely allowing and not allowing land uses is too narrow for sound planning in some zones. Some land uses fall in between what is consistent and what is not consistent with a zone’s planned way of life.

Furthermore, some uses should be located in a zone, but should be very carefully sited or controlled in order to protect the zone’s overall quality of life. Establishing a special exception/conditional use system for the Township of Reserve that allows such land uses in appropriate zones, subject to location and operation standards that are to protect the quality of life in those zones, is the general purpose of this section.

Procedures for granting special exceptions or conditional use permits as provided herein are intended to assure that such review is made on the basis of findings of fact, that due process is assured, and appropriate conditions and safeguards are attached if warranted by the findings of facts. Such conditions shall be based upon the standards in this Ordinance. Special exception and conditional use permit procedures shall be applied, and such permits granted, only as specified in this Ordinance.

A major difference between special exceptions and conditional uses is that the former are granted or denied by the Zoning Hearing Board, while the latter are granted or denied by the Township Board of Commissioners.

Land uses that are allowed as special exceptions generally affect only their particular neighborhoods, while land uses that are allowed as conditional uses may affect the entire Township -- and thus, should be under the jurisdiction of the Township’s primary elected officials.

Another major difference between a special exception and conditional use is that a conditional use must be referred to the planning agency for recommendation.

Section 306.1: THE PROCEDURE FOR OBTAINING A SPECIAL EXCEPTION

The procedure that an applicant is to use in obtaining a special exception is provided in this section. The standards that the Zoning Hearing Board is to use in determining whether or not a special exception should be granted to the applicant are provided in the Sections of Article IV, “Zoning Districts,” that pertain to the applicant’s property. This article and its regulations only apply to land uses that are proposed to be established in a zone where those uses are allowed only as special exceptions.

All applications for special exceptions shall be made according to the following rules.

A. Who May Apply:

Any landowner, ownership interest or tenant with the written permission of his or her landowner may apply for a special exception.

B. Permitted Land Uses:

The only land uses that may be permitted through a special exception are those that are expressly permitted as special exceptions for the involved zone as listed within the Sections of Article IV, “Zoning Districts,” that pertain to the applicants property or other parts of this Ordinance.

C. Applications:

Any one of the aforementioned parties who wishes to establish a land use that is permitted in the involved zoning district as a special exception shall file an application with the Zoning Officer on forms and with supporting material as required by the rules of the Zoning Hearing Board. The Zoning Officer or designee shall establish an agenda for hearing, cause notice of the time and place of the hearing to be published, and give notice to parties in interest as proscribed in Section 314, “The Zoning Hearing Board.” Within five days of receiving an application for a special exception, the Township Clerk shall forward a complete copy of the application to the applicant.

Zoning Hearing Board.

An application for a special exception shall not be considered complete unless it provides all required information enabling the Zoning Hearing Board to determine if the proposed land use meets the standards given for that use under the Article IV, “Zoning Districts,” that pertain to the applicants property.

D. Procedure:

The procedure that the Zoning Hearing Board is to use in deciding whether or not to grant a special exception is given in Section 314, “The Zoning Hearing Board,” letter “G.”

In granting any special exceptions, the Zoning Hearing Board shall state in said approval any lighting requirements, sign restrictions, parking requirements, operating hours and any other reasonable conditions and safeguards it may deem necessary to implement the purposes of this Ordinance.

E. Burdens Of Proof:

In special exception hearings, the burden of proof shall be on the applicant or objector to prove that his or her proposed use meets the standards prescribed for it by the Sections of Article IV, “Zoning Districts,” that pertain to the applicant’s property.

F. Conditions:

In granting a special exception, the Zoning Hearing Board may attach reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Ordinance (see Section 301, “Purpose”). Such conditions shall “run with the land,” and shall not be tied solely to a particular landowner. If a condition is violated subsequent to the grant of a special exception, it shall be enforced according to the provisions of Section 307, “Enforcement.”

Section 306.2: THE PROCEDURE FOR OBTAINING A CONDITIONAL USE

The procedure that an applicant is to use in obtaining a conditional use is provided in this section. The standards that the Township Board of Commissioners is to use in determining whether or not a conditional use should be granted to the applicant are provided in the Sections of Article IV that pertain to the applicant’s property. This article and its regulations only apply to land uses that are proposed to be established in a zone where those uses are allowed only as a conditional use.

All applications for conditional uses shall be made according to the following rules.

A. Who May Apply:

Any landowner or any tenant with the written permission of such landowner may apply for a conditional use.

B. Permitted Land Uses:

The only land uses that may be permitted through a conditional use are those that are expressly permitted as conditional uses for the involved zone as listed within the Sections of Article IV, “Zoning Districts,” that pertain to the applicant’s property or other parts of this Ordinance.

C. Applications:

Any one of the aforementioned parties who wishes to establish a land use that is permitted in the involved zoning district as a conditional use shall file an application with the Zoning Officer on forms and with supporting material as required by the rules of the Township Board of Commissioners. The Zoning Officer shall forward the application to the Township Clerk who shall establish an agenda for public hearing, cause notice of the time and place of the hearing to be published, and give notice to parties in interest as proscribed in Section 315, “The Township Board of Commissioners.” Within five days of receiving an application for a conditional use permit, the Zoning Officer shall forward a complete copy of the application to the Planning Commission for its review and recommendation.

D. Recommendation By The Planning Commission:

The Planning Commission shall review the conditional use application for a period not to exceed 45 days. Within that time period, the Planning Commission shall make a recommendation to the Township Board of Commissioners as to whether the application should be approved without conditions, approved with specific conditions, or denied. The Planning Commission’s failure to make a recommendation within the 45-day review period automatically results in a Planning Commission recommendation of approval of the conditional use permit without conditions. Township Board of Commissioners shall not take action until after the 45-day review period has expired.

E. Procedure:

The procedure that Township Board of Commissioners is to use in deciding whether or not to grant a conditional use is given in Section 315, “The Township Board of Commissioners,” letter “A,” number “1.”

F. Burdens Of Proof:

In conditional use hearings, the burden of proof shall be on the applicant to prove that his or her proposed use meets the standards prescribed for it by the Sections of Sections of Article IV, “Zoning Districts,” that pertain to the applicant’s property.

G. Conditions:

In granting a conditional use, the Township Board of Commissioners may attach reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Ordinance (see Section 301, “Purpose”). Such conditions shall “run with the land,” and shall not be tied solely to a particular landowner. If a condition is violated subsequent to the grant of a a conditional use, it shall be enforced according to the provisions of Section 307, “Enforcement.”

1. The Township Board of Commissioners and Planning Commission shall review each application for a conditional use permit to determine whether each proposed use meets the following standards and, in addition, shall recommend approval of the application if the evidence presented at the hearing on the conditional use permit shows that the proposed use meets these standards:

a. The proposed use will be harmonious and in accordance with the statement of objectives of the municipality concerning its future development of the Township of Reserve.

b. The proposed use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance and performance with the intended character of the general vicinity and the zoning district.

c. The proposed use will not substantially change the character of the surrounding neighborhood when its effect is considered in conjunction with the cumulative effect of existing conditional uses of all types in the surrounding neighborhood and the township as a whole.

d. The proposed use will not be hazardous to existing or future uses and will not adversely affect property values in the general vicinity of the proposed use.

e. The proposed use will not create uses, activities, processes, materials and equipment, or property that will harm the general welfare by causing excessive pollution, noise, traffic, smoke, fumes, glare, or odors.

f. The proposed use will not unduly burden essential public services such as drainage facilities, public utilities, and those services pertaining to public health, safety, and welfare in general.

2. Use-Specific Standards:

In addition to requirements set forth in this Section, letter “G,” paragraph “1,” the following requirements and limitations shall apply to the uses or structures that follow in districts where such uses and structures require a conditional use permit:

a. For a community residence for which neither the State of Pennsylvania nor Township of Reserve requires a license, the Township Board of Commissioners may condition approval of the conditional use permit on the operator meeting criteria similar to state licensing standards, or certification standards of an appropriate national accreditation agency, for a comparable community residence that serves a similar population.

b. For a treatment center for which neither the State of Pennsylvania nor Township of Reserve requires a license, the Township Board of Commissioners may condition approval of the conditional use permit on the operator meeting criteria similar to state licensing standards, or certification standards of an appropriate national accreditation agency, for a comparable treatment center that serves a similar population.

H. Appealing the Decision of the Township Board of Commissioners:

The decision of the Township Board of Commissioners regarding a conditional use application may be appealed to the relevant court of common pleas.

Section 307: ENFORCEMENT

The purpose of Section 307 is to prescribe procedures that will effectively enforce the provisions of this ordinance while (1) protecting the legal rights of landowners, and (2) adhering to the rules for zoning ordinance enforcement that are established in the Pennsylvania Municipalities Planning Code, as amended.

These procedures apply to situations in which a person, partnership, or corporation, reconstructs, repairs, alters, maintains, establishes, or uses a structure, sign, building, lot, or land use in a manner that violates one or more of the provisions of this Ordinance. In other words, these procedures apply to situations involving an illegal structure, sign, lot, or use. They do not apply to situations involving a structure, sign, lot, or use that is a nonconformity (as defined in Article I, Section 116 “Nonconformities”) or that has a variance (as defined in Section 305, “Variances”).

In Pennsylvania, zoning ordinances are enforced through legal proceedings. The following groups of people may institute these proceedings.

1. The Township Board of Commissioners;

2. The Zoning Officer of the Township with the approval of the Governing Body;

3. The Township Solicitor as deemed by the Township Board of Commissioners;

4. An 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 municipality at least 30 days prior to the time the action is begun by serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given.

The procedure that is to be used by the first three of these groups is discussed under number “A” as deemed by the Township Board of Commissioners below. The procedure that is to be used by aggrieved parties is discussed under number “B” below.

A. Township Enforcement Procedure:

If it appears to the Township that a violation of this Ordinance has occurred, then enforcement proceedings shall be instituted as described below.

1. Before any other enforcement actions begin, the Zoning Officer shall send enforcement notice to the following parties;

a. the owner of record of the parcel on which the violation has occurred,

b. any person who has filed a written request to receive enforcement notices regarding the involved parcel, and

c. any person that the owner requested, in writing, to receive a copy.

2. Each enforcement notice required by this section shall contain:

a. the name of the involved landowner and any other persons against whom the Township intends to take action,

b. the location of the property in violation,

c. a description of the specific violation involved,

d. citations and descriptions of the specific provisions of this Ordinance which have been violated,

e. the date before which the steps for compliance must be commenced, as well as the date before which these steps must be completed, and

f. a statement noting that the recipient has the right to appeal the enforcement notice to the Zoning Hearing Board within 30 days, and that failure to comply with the notice within the time specified -- unless it is extended by appeals -- constitutes a violation of this ordinance, with possible sanctions clearly described.

5. In a Zoning Hearing Board hearing where an enforcement notice is appealed, the Township shall present its evidence against the appellant first.

4. Any filing fees paid by a party to appeal an enforcement notice to the Zoning Hearing Board shall be returned to that party by the Township if the Board or any court in a subsequent appeal rules in the appellant’s favor.

5. After all necessary enforcement notices are sent as required above, the Township Board of Commissioners, Township Manager or designee or, acting with Board of Commissioner’s approval, officers of the Township, as well as certain aggrieved parties, may institute civil proceedings with the appropriate district justice to enforce the provisions of this Ordinance -- and to prevent, restrain, correct, or abate an illegal structure, sign, lot, or land use.

6. Any person, partnership, or corporation who has violated or permitted the violation of this Ordinance shall, upon being found liable in a civil enforcement proceeding, pay a judgment of not more than $500.00 plus all court costs -- including all judgments reasonable attorney fees incurred by the Township. No penalties shall be imposed on the liable party until the date of the determination of a violation by the involved district justice. If the liable party neither pays nor appeals the judgment in a timely manner, the Township shall enforce the judgment pursuant to the applicable rules of civil procedure.

7. Each day that a violation continues shall constitute a separate violation, unless the district justice finds that there was a good faith basis for the liable party to have believed that there was no such violation. In this situation, there shall be only one violation until the fifth day following the date of the determination of a violation by the district justice -- after which each day that the violation continues shall constitute a separate violation.

8. 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.

B. Aggrieved Party Enforcement Procedure:

Aggrieved parties may file an equity action in court (i.e., not with the district justice) to enforce the provisions of this ordinance -- and prevent, restrain, correct, or abate an illegal structure, sign, lot, or land use. Such parties may file such an action only after serving notice on the Township of Reserve at least 30 days in advance. This notice is to allow the Township time to investigate the situation and to issue an enforcement notice, if warranted.

Section 308: PROCEDURAL CHALLENGES

The Pennsylvania Municipalities Planning Code specifies procedures that are to be used to adopt and amend this Ordinance. These procedures are designed to offer ample opportunities for public participation and to make the ordinance as fair as possible. It is feasible, however, that this ordinance or any one of its amendments was not adopted according to these procedures, and thus, is procedurally flawed. The purpose of this section is to give landowners and other parties aggrieved by such a flaw -- as well as officers and agencies of the Township itself -- a process through which they may challenge the procedural validity of the ordinance or amendment. This process may be used to guarantee adequate public participation and fairness in the adoption process, and to overturn any unfair ordinances or amendments.

A. Where Procedural Challenges may be Heard:

The parties named in Section 307, “Enforcement,” may file a procedural challenge with either the relevant court of common pleas or the Zoning Hearing Board. Procedural challenges taken to the Zoning Hearing Board may have to follow the rules established by Section 311, “Time Limitations,” and the Board shall hear all such challenges according to the procedure given in Section 314, “The Zoning Hearing Board.”^[1]

B. Time Limitations:

All such challenges shall be raised by an appeal taken within 30 days of the effective date of the involved ordinance or amendment.

Section 309: SUBSTANTIVE CHALLENGES

The Constitution of the United States, the Constitution of the Commonwealth of Pennsylvania, and various federal and state laws limit what this Ordinance may regulate -- so that the rights and property of Reserve’s citizens and neighbors are protected. It is feasible, however, that one or more of this Ordinance’s provisions violate these laws -- and are thus, substantively flawed.

The purpose of this section is to give landowners and other parties aggrieved by such a flaw -- as well as officers and agencies of the Township itself -- a process through which they may challenge the substantive validity of the involved provision.

This process may be used to insure that this Ordinance respects the laws of the United States and the Commonwealth, as well as to overturn any illegal or unconstitutional provisions.

A party named above who wishes to challenge the substantive validity of this Ordinance has the following two choices. A person or party who wishes to challenge the substantive validity of this Ordinance because he or she is aggrieved by a use or development permitted on another person’s land must initially select choice “2.” However, all of the other named parties are free to choose from either option.

1. applying to the Township Board of Commissioners for a “landowner curative amendment,” or

2. requesting that the Zoning Hearing Board hear a substantive validity challenge.

Landowner curative amendments and substantive validity challenges are essentially the same type of appeal -- with some minor procedural differences. A validity challenge must be in writing and contain reasons for the challenge, but unlike the curative amendment, does not have to contain materials describing the proposed development or amendments.

A. Landowner Curative Amendments:

Applications for a landowner curative amendment shall be governed by the rules outlined below.

1. All such applications shall be made to the Zoning Officer, who shall forward them to the Township Board of Commissioners. These applications may be subject to the time limitations of Section 311, “Time Limitations.”

2. All such applications shall be made in writing, and shall contain the following:

a. the reasons why the Ordinance should be amended as proposed,

b. plans and explanatory materials describing the use or development proposed by the landowner in lieu of the use or development allowed by this ordinance (these plans must be of sufficient quality and detail to allow an evaluation of this ordinance in light of the proposed use or development), and

c. the amendment or amendments that the landowner proposes to cure the alleged defects in this ordinance.

d. The Township Board of Commissioners shall hear and decide on applications for landowner curative amendments as required in Section 315, “The Township Board of Commissioners.”

e. Appeals of the Township Board of Commissioners decision shall be taken to the court of common pleas in the judicial district where the involved property is located.

B. Substantive Validity Challenges:

All substantive validity challenges to the validity of the zoning ordinance shall be filed with the Zoning Hearing Board and shall be governed by the rules below.

1. All such requests shall be made to the Zoning Officer, who shall forward them to the Zoning Hearing Board. These applications may be subject to the time limitations of Section 311, “Time Limitations.”

2. All such requests shall be made in writing, and shall contain the reasons for the involved challenge.

C. Appeals from the Zoning Hearing Board or the Governing Body:

Appeals from the Zoning Hearing Board’s or from the governing body decision shall be taken to the court of common pleas in the judicial district where the involved property is located.

D. A landowner who has challenged on substantive grounds the validity of the zoning

ordinance or map either by submission of a curative amendment to the governing body under subsection (a) (2) or to the zoning hearing board under section 909.1 (a) (1) of the Pennsylvania MPC shall not submit any additional substantive challenges involving the same parcel, group of parcels or part thereof until such time as the status of the landowners original challenge has been finally determined or withdrawn: Provided, however, that if after the date of the landowners original challenge the Township adopts a substantially new or different zoning ordinance or zoning map, the landowner may file a second substantive challenge to the new or different zoning ordinance or zoning map.

When (1) a landowner curative amendment proposal is approved by Township Board of Commissioners, (2) a substantive validity challenge is sustained by the Zoning Hearing Board, or (3) the relevant court sustains either of these actions in a final appeal, the involved developer may (1) file a subdivision application within two years and (2) apply for a zoning permit within one year without losing the rights granted to him in the relevant validity challenge to a subsequent change or amendment in any land use ordinance.

Section 310: APPEALING THE DETERMINATION OF THE ZONING OFFICER

Any landowner or party who is affected by a zoning-related determination of the Zoning Officer may appeal this determination to the Zoning Hearing Board. Such appeals may concern (but are not limited to):

1. the granting or denial of any permit, including a failure to act on the application;

2. the issuance of any enforcement notice via Section 307, “Enforcement”; or,

3. the registration or refusal to register any nonconforming use, structure, or lot.

Section 311, “Time Limitations,” may place time limitations on such appeals. The Zoning Hearing Board shall hear all such appeals according to the provisions of Section 314, “The Zoning Hearing Board.”

Section 311: TIME LIMITATIONS

The purpose of this section is to avoid both of these situations by limiting the amount of time that both landowners and aggrieved parties have to file for a hearing before the Zoning Hearing Board or (where applicable) the Township Board of Commissioners when a proposed use or development is involved.

The rules of this section, which are listed in the following paragraph titled “Time Limitation Rules,” only apply to:

1. a landowner who wishes to appeal a determination by the Zoning Officer not to grant a zoning permit for his or her proposed construction, reconstruction, alteration, or other physical development (see Section 115 “Occupancy Permits” and Section 302, “Zoning Permits”),

2. an aggrieved party who wishes to appeal a determination by the Zoning Officer to grant a zoning permit to another party’s proposed construction, reconstruction, alteration, or other physical development (see Section 115 “Occupancy Permits” Section 302, “Zoning Permits”),

3. a landowner or an aggrieved party who wishes to appeal a determination by the Zoning Officer concerning the nonconforming status of a structure, land use, or lot (see Article I, Section 116 “Nonconformities”),

4. a landowner who wishes to contest the Zoning Officer’s issuance of a enforcement notice for his or her property (see Section 307, “Enforcement”),

5. a landowner who wishes to reverse or limit a determination that (1) was made by the Zoning Officer according to the provisions of this ordinance, and (2) opposes the landowner’s proposed use or development^[2], by challenging the procedural or substantive validity of this ordinance before either the Zoning Hearing Board or (where applicable) Township Board of Commissioners (see Section 308, “Procedural Challenges,” or Section 309, “Substantive Challenges”), and

6. an aggrieved party who wishes to reverse or limit a determination that (1) was made by the Zoning Officer according to the provisions of this ordinance, and (2) approves a proposed use or development on another party’s land by challenging the procedural or substantive validity of this ordinance before either the Zoning Hearing Board or (where applicable) Township Board of Commissioners (see Section 308, “Procedural Challenges,” or Section 309, “Substantive Challenges”).

Time Limitation Rules:

1. No person shall be allowed to file any proceeding with the board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate municipal 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 plan pursuant to section 709 of the MPC 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 MPC 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.

Section 312: APPEALS TO COURT

The final adjudication of any Township officer or body is appealable to the court of common pleas of the involved property’s county and judicial district. Nothing in this ordinance shall be construed to deny an appellant the right to bypass either the Zoning Hearing Board or Township Board of Commissioners, and proceed directly to court -- where authorized by law.

Furthermore, nothing in this ordinance shall be construed to deny the right to bypass the procedures for challenging the procedural or substantive validity of this ordinance that are given in this article.

Section 313: THE ZONING OFFICER

A Zoning Officer shall be appointed in accordance with the Pennsylvania MPC, As such, he or she is a non-elected member of the Township’s executive branch. The Zoning Officer is hereby given the duty, power, and authority to enforce the provisions of this Ordinance as provided for in Section 313, “The Zoning Officer,” are in accordance with requirements of this Ordinance, record and file all applications for permits with accompanying plans and documents, identify and register all nonconforming uses and nonconforming structures, and make such reports as may be required. All documents, applications, permits and certificates required by and issued during the enforcement of this Ordinance shall be permanently maintained by the Zoning Officer.

The provisions of this section only apply to the Zoning Officer and the parties with which he or she comes into contact.

A. Appointment:

A Zoning Officer shall be appointed by the Board of Commissioners to administer this Ordinance. This officer shall:

1. not hold any elected offices within the Township,

2. meet qualifications established by the Township,

3. be able to demonstrate to the satisfaction of the Board of Commissioners a working knowledge of municipal zoning, and

4. be familiar with both this Ordinance and the comprehensive plan.

B. Powers:

The Zoning Officer shall enforce this Ordinance in accordance with its literal terms. He or she shall not have the power to permit any construction, use, or change of use, which does not conform to the provisions of this ordinance.

C. Duties Of The Zoning Officer:

1. The Zoning Officer shall receive, process, file copies of, and make decisions on all applications for zoning permits as required by Section 302, “Zoning Permits.” Where such a permit is denied, the Zoning Officer shall inform the applicant, in writing, of the basis for this denial, including a reference to the specific ordinance section.

2. The Zoning Officer shall receive, process, file copies of, forward, and schedule hearings for all applications for hearings before the Zoning Hearing Board.

3. The Zoning Officer shall inform the Township Board of Commissioners and the Planning Commission concerning applications for conditional uses;

4. The Zoning Officer shall send enforcement notices to alleged violators of this Ordinance as specified in Section 307, “Enforcement.” Such notices shall be sent via certified mail, return receipt requested, or personally served to provide proof that the notice was received.

5. “The Zoning Officer,” in accordance with requirements of this Ordinance, record and file all applications for permits with accompanying plans and documents, identify and register all nonconforming uses and nonconforming structures, and make such reports as may be required.

Section 314: THE ZONING HEARING BOARD

The Zoning Hearing Board of the Township of Reserve is a quasi-judicial body within the municipal government. It has no legislative power, has no enforcement power, and cannot make or modify zoning policy. It is instead a judicial-like body that helps to assure fair and equitable application and administration of this Ordinance. The purposes of this section are to establish the Board, outline its duties, and prescribe procedures that it is to use in fulfilling its duties.

Letter “A” of this section explains how the Board is to be established, while letter “B” details how its members may be removed. Letter “C” explains how the Board is to be organized and provides some guidance concerning how it is to operate. Letter “D” discusses how the Board may spend money. Letter “E” lists the duties of the Board, and provides some rules on how these duties are to be carried out. Letter “F” notes that the Board’s decisions may be appealed to the relevant court of common pleas.

The Zoning Hearing Board must use the same procedure in each of its hearings -- regardless of which one of its duties from letter “E” that hearing falls under. In this Ordinance, provisions that concern the Zoning Hearing Board indicate that it is to hear the involved case “via the procedure outlined in Section 314.” This procedure is provided in a multi-page table under letter “G.”

The provisions of Section 314 only apply to the Zoning Hearing Board and the parties with which it comes into contact.

A. The Formation of the Zoning Hearing Board:

The Zoning Hearing Board of the Township of Reserve shall consist of three (3) residents of the Township, appointed by Township Board of Commissioners via a resolution. Each member’s term of office shall be three (3) years, and shall be so fixed that the term of office of one member of a three (3) member board shall expire each year. Members of the Zoning Hearing Board shall hold no other office in the Township government.

The Township Board of Commissioners may also appoint by resolution from one to three residents of the Township to serve as alternate members of the Board. The term of office of an alternative member shall also be three years. When an alternative is seated on the Board (see letter “C” below), he or she shall be entitled to participate in all proceedings to the same extent as any other member of the Board. However, alternates shall not be entitled to vote as a member of the Board or be compensated unless they have been designated as a voting alternate member as required by letter “C” below. Alternates shall also hold no other office in the Township government.

B. The Removal of Zoning Hearing Board Members:

Any board member may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of the Township Board of Commissioners. However, the member must receive written notice of the intent to take such a vote at least 15 days before the actual vote is taken, and he or she may request that a hearing be held in connection with the vote.

C. The Organization of the Board:

The Zoning Hearing Board shall elect officers from its own membership. Such officers shall serve annual terms and may succeed themselves.

For the conduct of any hearing and the taking of any action or votes, a quorum shall be no less than a majority of all of the members of the Board.

If, for reasons of absence or disqualification, a quorum is not reached, the chairman of the Zoning Hearing Board shall designate enough alternates as voting alternative members to reach the quorum. Any alternate so designated shall continue to serve on the Board in all proceedings involving the matter or case for which he or she was designated until the Board has made a final determination on that matter or case. Such designations shall be made on a rotating basis among all alternates on the order of declining seniority.

Tie votes shall be interpreted as maintaining the status quo in the matter at hand. For instance, special exceptions are denied when the Board is tied.

The Board may make, alter, and rescind rules and forms for its procedure, consistent with the requirements of this ordinance and the laws of the Commonwealth of Pennsylvania. The Board shall keep full public records of its business^[3], and shall submit a report of its activities to Township Board of Commissioners if requested.

D. How the Zoning Hearing Board Expenditures for Services:

Within the limits of funds appropriated by the governing body, the board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical

and clerical services. Members of the board may receive compensation

for the performance of their duties, as may be fixed by the governing

body, but in no case shall it exceed the rate of compensation authorized

to be paid to the members of the governing body. Alternate members

of the board may receive compensation, as may be fixed by the governing

body, for the performance of their duties when designated as alternate

members pursuant to section 314, but in no case shall such compensation

exceed the rate of compensation authorized to be paid to the members

of the governing body.

E. The Duties of the Zoning Hearing Board:

The Board’s duties shall be as follows. All hearings conducted in pursuit of these duties shall be held according to the rules of letter “G” below.

1. The Board shall hear substantive challenges to the validity of this Ordinance and its amendments in accordance with Section 309, “Substantive Challenges.”

a. Based on the testimony presented at the hearing or hearings, the Board shall determine whether the challenged ordinance, ordinance provision, or map is defective as alleged by the applicant. If the challenge is found to have merit, then the final decision of the Board shall include recommended amendments to the challenged ordinance, which will cure the involved defects.

b. In reaching its decision on a substantive challenge to validity of this Ordinance or its amendments, the Board shall consider:

(1) the impact of the proposal on roads, sewer facilities, water supplies, schools, and other public service facilities;

(2) if the proposal is for a residential use, the impact of the proposal on 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 the Ordinance or map;

(3) the suitability of the site for the intensity of use proposed, considering the site’s soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources, and other natural features;

(4) the impact of the proposed use on the site’s soils, slopes, woodlands, wetlands, floodplains, 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

(5) the impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

c. The challenge shall be deemed to be denied if the Board (2) fails to commence the hearing within 60 days, or (3) fails to act on the application within 45 days of the close of the last involved hearing. In the latter two of these cases, the involved time limit may be extended by mutual consent of the applicant and the municipality or if the landowner requests or consents to do so. If no such consent is reached, the challenge shall be denied on the day after the last day that the Board could have taken the involved action.

2. The Board shall hear procedural challenges to the validity of this Ordinance or one of its amendments in accordance with Section 308, “Procedural Challenges.”

3. The Board shall hear appeals from the zoning-related determinations of any municipal officer -- including the Zoning Officer -- in accordance with Section 310, “Appealing the Determination of the Zoning Officer.”

4. The Board shall hear appeals from the determinations of the municipal engineer with reference to any floodplain provisions of any land use ordinance.

5. The Board shall hear applications for variances in accordance with Section 305, “Variances.”

6. The Board shall hear applications for special exceptions in accordance with Section 306, “Special Exceptions and Conditional Uses”. In granting a special exception, the Board may attach any reasonable conditions and safeguards, as it may deem necessary to implement the purposes of this ordinance.

7. The Board shall hear applications to expand a nonconforming land use or to change one nonconforming land use to another in accordance with Article I, Section 116 “Nonconformities”.

8. For land uses not listed under any “Permitted Use,” “Special Exception,” or “Conditional Use” in Sections of Article IV, “Zoning Districts,” the Board shall determine (1) in which zoning districts the land use shall be allowed in, (2) how the land use shall be allowed in those districts (i.e., as permitted principal uses, permitted accessory uses, conditional uses, etc.), and (3) which sections of the remainder of the ordinance apply to the land use. The Board may ask the Planning Commission for a recommendation on these matters.

9. The Board shall hear all other applications and appeals that are assigned to it by this Ordinance or the laws of the Commonwealth of Pennsylvania.

F. Appeals:

All decisions rendered by the Zoning Hearing Board may be appealed to the court of common pleas of the judicial district where the involved land is located; so long as these appeals are filed no more than 30 days after the Board renders its decision.

G. Procedure:

In fulfilling its duties listed under letter “E” above, the Board shall follow the rules and procedures specified below.

1. Time Limitations:

a. The hearings shall be conducted by the board or the board may

appoint any member or an independent attorney as a hearing officer.

The decision, or, where no decision is called for, the findings shall

be made by the board; however, the appellant or the applicant, as

the case may be, in addition to the municipality, may, prior to the

decision of the hearing, waive decision or findings by the board and

accept the decision or findings of the hearing officer as final.

b. The Zoning Hearing Board or the Hearing Officer (as the case may be) shall render a written decision or (when no decision is called for) make written findings on the application within 45 days of the end of the hearing.

c. If the hearing is conducted by a hearing officer (see letter “C” above), and there has been no stipulation that his or her decisions or findings are final, the Zoning Hearing Board shall make his or her report and recommendations available to all of the involved parties within 45 days of the end of the hearing. The parties are then entitled to make written responses to this report. The Zoning Hearing Board shall make a final decision after reading these responses, but no later than 30 days after the Hearing Officer’s report is issued.

d. Where the Zoning Hearing Board fails to render this decision within the

required period, or where the Board fails to hold the hearing within the required period, the decision shall be deemed to have been rendered in favor of the applicant or appellant (as the case may be) -- unless either (1) the applicant/appellant has agreed in writing or on the record to an extension of time, or (2) the hearing concerns a challenge to the substantive validity of the ordinance^[4] (see Section 309, “Substantive Challenges”).

When a deemed decision is rendered, the Board shall give notice of this -- within 10 days of the last day that it could have met to render a decision -- to the parties and at the locations listed under “Required Public Notice” below. If the Board fails to provide such notice, the applicant/appellant may do so. Protesting or aggrieved parties cannot obtain a deemed decision.

2. Required Public Notice:

a. The Secretary shall publish a notice containing the information listed below under “Contents of Required Public Notice” and such notice shall be published once each week for two successive weeks in a newspaper of general circulation in the Township. The first of these publications shall be published not more than 30 days before the date of the hearing, and the second shall published not less than 7 days before the date of the hearing.

b. Written notice shall be provided by the Zoning Officer,

c. Mailed to (1) the applicant, (2) the Planning Commission, (3) all

residents and owners of contiguous properties to the subject site, (4) any party that has requested such notice and (5) conspicuously posted on the involved tract of land at least one week prior to the hearing. The timing and manner of this notice shall follow the rules adopted by the Zoning Hearing Board.

3. Contents of the Required Public Notice:

a. The required notice shall be written by the Zoning Officer in plain language and shall state that the Zoning Hearing Board of the Township of Reserve will hold a public hearing on the appropriate date, at the proper timing, and pertinent location.

b. The name of the applicant or appellant (as the case may be) shall be given, as well as the nature of the hearing for which a permit is sought, and where and when written comments will be received concerning the request. The notice shall also state that the Township of Reserve shall promptly make a copy of the application and supporting documentation available for inspection by an interested person at the Reserve Township Municipal Building.

c. The location or locations of the involved property or properties shall be provided.

d. All applicable sections of the Ordinance shall be cited.

e. If the involved hearing involves a substantive challenge to the validity of this Ordinance or one of its amendments, then the notice shall state that the validity of the Ordinance is being questioned.

f. The following statement shall be included: “All persons having an interest in these matters are encouraged to attend this meeting. Persons with a disability who wish to attend this hearing and require an auxiliary aid, service, or other disability accommodation to participate in the proceedings can be accommodated by contacting the Township Clerk’s Office.”

g. The date of the publication shall be given.

4. Stays of Proceedings:

a. An appeal to the Zoning Hearing Board automatically stops all affected land development. However, if the Zoning Officer certifies that such a halt would cause an imminent danger to life or property, then the development may be stopped only with a restraining order granted by the Zoning Hearing Board or by any court with competent jurisdiction -- following notice to the Zoning Officer.

b. An applicant or appellant may petition a court of competent jurisdiction to force those contesting an authorized permit or approval to either post bond or drop their appeal. The burden of proof shall be on the applicant/appellant to prove that the appeal is frivolous. If the party contesting an authorized permit or approval refuses to post bond as ordered by the involved court, appeals to an appellate court, and loses, then that party is liable for all reasonable costs, expenses, and attorney fees incurred by the applicant/appellant.

5. Fees:

a. Through a separate resolution, the Township Board of Commissioners may prescribe reasonable fees for a Zoning Hearing Board hearing which may include (1) compensation for the secretary and members of the Board, (2) public notice and advertising costs, (3) necessary administrative overhead connected with the hearing, and (4) one half the cost of a stenographer.

b. The cost of the original transcript shall be paid by the Board if the original is ordered by the Board or the Hearing Officer, and shall be paid by the applicant/appellant if he or she orders it.

c. Additional copies shall be paid for by the parties requesting them. Fees may not compensate for the legal expenses of the Board. Furthermore, fees may not be used to compensate engineering, architectural, planning, or other technical consultants or expert witnesses.

6. The Zoning Hearing Board’s Solicitor:

a. The Zoning Hearing Board may hire its own solicitor.

b. The Zoning Hearing Board’s solicitor shall be a different person, and shall be from a different law firm, than the Township’s Solicitor.

7. Conducting the Hearing:

a. Either the Zoning Hearing Board or a Hearing Officer (see letter “C” above) shall conduct all hearings.

b. A stenographic record that conforms to civil trial transcripts must be taken in all hearings. Furthermore, written minutes shall be taken of all Board meetings. The substance of all official actions, the names of people who appear officially, and the subject of their testimony must be recorded.

c. Each party has the right to be represented by counsel, to present and respond to evidence, and to cross-examine adverse witnesses on all relevant issues.

d. The parties to the hearing shall be (1) the Township, (2) any person affected by the application or appeal who has made timely appearance of record before the Board, and (3) any other person -- including civic or community organizations -- permitted to appear by the Board. The Board may require that everyone who wishes to be considered a party to a hearing fill out a form that asks (1) the person’s name and address, (2) who he or she is representing, and (3) whether or not he or she desires a copy of any final decision in the case.

e. The chairman of the Zoning Hearing Board (if a Hearing Officer has not been appointed) or the Hearing Officer (if one has been appointed, see letter “C” above) has the power to administer oaths and issue subpoenas to compel both the attendance of relevant witnesses and the production of relevant papers. All testimony should be affirmed, as unaffirmed statements do not constitute legal evidence to make a record.

f. Formal rules of evidence do not apply to hearings. However, the Zoning Hearing Board may exclude any irrelevant, immaterial, or unduly repetitious evidence. Hearsay evidence, if not objected to, may be given its natural probative value. Yet, the Board has the power to reject even uncontradicted testimony if it finds this testimony to be lacking in credibility.

g. In the time following the beginning of a hearing and prior to a rendering of the decision or findings, the Board shall not communicate with any party or party representatives unless all parties are given an opportunity to participate. No communication, reports, staff memoranda, or other materials -- except advice from the Board’s own solicitor -- may be accepted or noticed by the Board unless all parties are given an opportunity to contest that information. The Board shall not inspect the involved site or its surroundings during the hearings unless all parties are given an opportunity to be present. Any reports by the Zoning Officer shall be filed with all involved parties.

h. A case should not be postponed to a later date without substantial or compelling reasons, especially if the issue is of great concern and has attracted an audience. However, where (1) a new issue is raised for the first time at a hearing, and (2) the applicant/appellant had no notice of this issue, the hearing should be continued at a later date to give the applicant/appellant an opportunity to react properly. When a case is continued at a second hearing, a notice shall be prominently posted at the hearing site, and all involved parties must be notified.

8. Mediation:

a. Mediation is “a voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable”

Mediation is intended to supplement, but not replace, the procedures for Zoning Hearing Board hearings specified here. It can provide a potentially less costly mechanism for resolving land use disputes, as well as a less polarized process.

b. In no case may the Zoning Hearing Board initiate mediation or participate as a mediating party.

c. Participation in mediation must be voluntary, and the involved parties must agree to (1) funding, (2) the selection of a mediator, (3) the completion of mediation (including the time limits for such a completion), (4) the suspension of the time limits authorized by this ordinance and the Pennsylvania Municipalities Planning Code provided there is written consent by the mediating parties and by an applicant or municipal decision making body if either is not a party to the mediation,^[5] (5) the identification of all parties, (6) the determination of whether some or all sessions shall be open or closed, and (7) the issuance of mediation solutions in writing, subject to review and approval by the decision making body.

d. No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.

9. Making a Decision:

a. The decision or, where no decision is called for, the findings shall be made by the Zoning Hearing Board. However, the applicant/appellant and the Township may agree before this decision to waive this and instead accept the decision or findings of the Hearing Officer as final (if a Hearing Officer has been appointed).

b. In voting on a final decision, the vote cast by each member of the Board (or the Hearing Officer, where appropriate) shall be made publicly.

c. Where an application or appeal is contested or denied, the resulting decision must be accompanied by a finding of fact, the conclusions based on these facts, and the reason that such conclusions were drawn.

d. Detailed findings and conclusions will show that the decision was reasoned and not arbitrary. References to any provisions of any ordinance, rule, or regulation relied on for any conclusion must be made, along with the reason that the conclusion is appropriate for the particular case at hand.

e. Even where an application or appeal is not contested, the resulting decision should be accompanied by a statement of findings or an opinion that is detailed enough to substantiate the Zoning Hearing Board’s decision.

f. A copy of the final decision, or where no decision is called for, the findings must be delivered or mailed to the applicant/appellant no later than the day after the date of the report.

g. All other parties to the hearing, as well as all of the parties that are listed under “Required Public Notice” above, shall be sent a brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

Section 315: THE TOWNSHIP BOARD OF COMMISSIONERS

The Township Board of Commissioners of Reserve is the chief governing body of the Township, and is the only body that can set the Township’s zoning policy. The Board of Commissioners, of course, has many duties. The purpose of this section is to address only Board of Commissioners zoning-related duties -- outlining these duties and prescribing the procedures that Board of Commissioners is to use in fulfilling them.

Letter “A” of this section lists Board of Commissioners major duties under this Ordinance and specifies some rules that apply to each. Letter “A” number “1" discusses the granting of temporary uses (see Article V’s applicable sections”), and number “2" deals with the granting of conditional uses (see Section 306, “Special Exceptions and Conditional Uses”). Number “3" specifies the process by which Board of Commissioners may amend this ordinance, while number “4" explains how the Board of Commissioners is to hear and decide landowner curative amendments to this ordinance (see Section 309, “Substantive Challenges”). Number “5" discusses the setting of off-street parking space and loading berth requirements.

Letter “A” number “6" explains the procedure for municipal curative amendments. A municipal curative amendment can be used to fix a portion of this ordinance that is substantially invalid. It has a major advantage over fixing invalid provisions via a plain amendment (i.e., the procedure described in letter “A” number “3") in that the Township need not entertain any substantive challenges to these provisions (see Section 309, “Substantive Challenges”) during the municipal curative amendment process -- which can save the Township a significant amount of time and money.

The provisions of this section only apply to the Township Board of Commissioners and the parties with which it comes into contact on zoning-related issues.

A. Zoning-Related Duties:

The Township Board of Commissioners major duties under this Ordinance -- as well as some rules that apply to these duties -- are provided below.

1. Conditional Uses:

The Township Board of Commissioners shall hear all applications for conditional uses according to both the following rules and the express provisions of Section 306, “Special Exceptions and Conditional Uses.”

a. The Board of Commissioners pursuant to the express standards and criteria of this Ordinance, shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria. The hearing shall be conducted by the Board or the Board may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board. However, the appellant or the applicant, as the case may be, in addition to the municipality, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final. In granting a conditional use, the governing body may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this act in the zoning ordinance.

b. (1) The Board of Commissioners body shall render a written decision or, when no decision is called for, make written findings on the conditional

use application within 45 days after the last hearing before the governing body. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this act or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.

(2) Where the governing body fails to render the decision within the

period required by this subsection or fails to commence, conduct or

complete the required hearing, within 60 days from the date of the applicants request for a hearing or fails to complete the hearing no later than 100 days after the completion of the applicants case in chief, unless extended for good cause upon application to the court of common pleas, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the governing body to meet or render a decision as hereinabove provided, the governing body shall give public notice of the decision within ten days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this act. If the governing body shall fail to provide such notice, the applicant may do so.

(3) Nothing in this subsection shall prejudice the right of any party

opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.

c. An application for a conditional use permit may be withdrawn at any time, but if withdrawn after the Township Board of Commissioners has convened the public hearing at which it was considered, or if denied by the Township Board of Commissioners, a substantially similar application shall not be considered within 365 days from the date of withdrawal.

d. No application for a conditional use permit that has been denied wholly or in part by the Reserve Township Board of Commissioners shall be resubmitted within 365 days of the date on which the permit was denied, except on the grounds of newly discovered evidence or proof of changed conditions. A reapplication shall require a new fee and the process will have to begin anew.

e. A copy of the final decision shall be hand delivered or mailed to the applicant no later than 7 days after the Board of Commissioners renders such decision.

f. When granted, a conditional use permit, together with any conditions or safeguards attached, shall apply to the land, structure, or use for which it was issued, and not to a particular person or property owner.

g. The Township Board of Commissioners shall have the authority to revoke any conditional use permit following a hearing conducted by the Township Board of Commissioners, after it has been proven that the holder of the permit has failed to comply with any of the applicable conditions specified in the permit. After a revocation notice has been issued, the use for which the permit was granted must be terminated within thirty (30) days. Failure to discontinue the use for which the permit was revoked within sixty (60) days is declared to be a nuisance per se and a violation of this Ordinance.

h. Decisions on applications for conditional uses may be appealed to any court of competent jurisdiction.

2. Enacting Amendments:

The Township Board of Commissioners shall enact all amendments to this Ordinance that are not landowner curative amendments, at the Board of Commissioners discretion, according to the rules below.

a. Before voting on the enactment of such an amendment, the Township Board of Commissioners shall hold a public hearing.

b. Public notice of this hearing shall be provided according to the rules below.

(1) The public notice shall include the time and place of the hearing, the purpose of the hearing, the full text or a brief summary of the proposed amendment prepared by the Planning Commission, the date of the publication, and a statement that reads “All persons having an interest in these matters are encouraged to attend this meeting.

(2) Persons with a disability who wish to attend this hearing and require an auxiliary aid, service, or other disability accommodation to participate in the proceedings can be accommodated by contacting the Township Clerk’s Office.”

(3) If a summary of the proposed amendment is included in the public notice instead of its full text, then (1) the notice shall include a place within the municipality where copies of the full text may be examined without charge or copied at cost, (2) a copy of the full text shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published in that paper, and (3) an attested copy of the full text shall be filed in the Allegheny County law library.

(4) The public notice shall be published in a newspaper of general circulation once each week for two consecutive weeks. The first of these publications shall not be more than 60 days before the hearing. The second of these shall not be less than 7 days before either the hearing or passage.

(5) If substantial changes are made in the proposed amendment before passage but after the involved public hearing, then a notice shall be published in a newspaper of general circulation within Reserve at least 10 days prior to enactment that sets forth the provisions in reasonable detail together with a summary of the changes made. If these changes involve land that was previously not affected by the proposed amendment, then this requirement does not apply, and the public hearing process shall begin again pursuant to the public notice requirements of this ordinance. If substantial amendments are proposed then the amended ordinance must be readvertise at least 10 days prior to enactment.

(6) Where the proposed amendment involves a zoning map change, notice of the public hearing shall be mailed by the municipality at least thirty 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 municipality. 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.

c. A proposed amendment shall be submitted to the county planning agency at least 30 days prior to the hearing so that the planning agency may submit its recommendations.

d. A proposed amendment shall be submitted to the county planning agency within 30 days after the enactment.

e. If the amendment was prepared by a group other than the planning commission, then Township Board of Commissioners shall submit it to the planning commission at least 30 days prior to that amendment’s hearing so that the planning commission may submit its recommendations.

f. The Township may offer a mediation option as an aid in completing this section’s proceedings. Mediation is described in Section 314, “The Zoning Hearing Board,” letter “G.”^[6]

3. Curative Amendments:

The Township Board of Commissioners shall hear all applications for landowner curative amendments according to both the following rules and the provisions of Section 309, “Substantive Challenges.”

a. The Board of Commissioners shall commence a hearing on a proposed landowner curative amendment within 60 days of the filing of a complete application for that amendment.

b. Public notice of this hearing shall be given according to the requirements for enacting amendments described above. This notice shall include (1) notice that the validity of the ordinance or map is in question, and (2) the place and times where a copy of the proposed amendment -- including any plans or explanatory materials -- may be examined by the public.

c. The Township Board of Commissioners shall submit the proposed amendment to the planning commission at least 30 days prior to the hearing so that the planning commission may submit its recommendations.

d. A proposed amendment shall be submitted to the county planning agency at least 30 days prior to the hearing so that the planning agency may submit its recommendations.

e. A proposed amendment shall be submitted to the county planning agency within 30 days after that amendment’s enactment.

f. The Township Board of Commissioners shall render a written decision within 45 days of the end of the hearing.

g. The Township Board of Commissioners may prescribe reasonable fees for such a hearing which may include (1) compensation for the clerk, (2) public notice and advertising costs, (3) necessary administrative overhead connected with the hearing, (4) enacting amendments as described above, and (5) one half of the stenographer’s fee. The Township shall pay the cost of the original transcript if the original is ordered by the Township, and shall be paid by the applicant if he or she orders it. The parties requesting the transcript, shall pay for additional copies. Fees may not be used to pay the legal expenses of the Board of Commissioners. Furthermore, fees may not be used to compensate engineering, architectural, planning, or other technical consultants or expert witnesses.

h. Conducting the Hearing:

(1) A stenographic record that conforms to civil trial transcripts must be taken in all hearings. The substance of all official actions, the names of people who appear officially, and the subject of their testimony must be recorded.

(2) Each party has the right to be represented by legal counsel before the Board of Commissioners, to present and respond to evidence, and to cross-examine adverse witnesses on all relevant issues.

(3) The Township Solicitor shall represent the Township Board of Commissioners, if requested. However, the Board of Commissioners may retain an independent attorney to present the defense of the challenged ordinance.

(3) The Board of Commissioners has the power to administer oaths and issue subpoenas to compel both the attendance of relevant witnesses and the production of relevant papers. All testimony should be affirmed, as unaffirmed statements do not constitute legal evidence to make a record.

(4) Formal rules of evidence do not apply to these hearings. However, the Board of Commissioners may exclude any irrelevant, immaterial, or unduly repetitious evidence. Hearsay evidence, if not objected to, may be given its natural probative value.

(5) The Board of Commissioners has the power to reject even uncontradicted testimony if it finds this testimony to be lacking in credibility.

(6) In the time following the beginning of a hearing and prior to a rendering of the decision or findings, the Board of Commissioners shall not communicate with any party or party representatives unless all parties are given an opportunity to participate. No communication, reports, staff memoranda, or other materials may be accepted or noticed by the Board of Commissioners unless all parties are given an opportunity to contest that information. The Board of Commissioners should not inspect the involved site or its surroundings during the hearings unless all parties are given an opportunity to be present. Any reports by the Board of Commissioners shall be filed with all involved parties.

(7) A case should not be postponed to a later date without substantial or compelling reasons, especially if the issue is of great concern and has attracted an audience. However, where (1) a new issue is raised for the first time at a hearing, and (2) the applicant had no notice of this issue, the hearing should be continued at a later date to give the applicant an opportunity to react properly. When a case is continued at a second hearing, a notice shall be prominently posted at the hearing site, and all involved parties must be notified.

a. Making a Decision:

(1) In voting on a final decision, the vote cast by each Board of Commissioner member shall be made publicly.

(2) In making its decision, Board of Commissioners shall consider (1) the proposed amendments, plans, and explanatory materials submitted by the applicant; (2) the impact of the proposal on roads, sewer facilities, water supplies, schools, and other public service facilities; (3) the impact of the proposal on 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; (4) the suitability of the site for the intensity of use proposed (considering the site’s soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources, and other natural features);

(3) The impact of the proposed use on the site’s soils, slopes, woodlands, wetlands, floodplains, natural resources; and

(4) The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

(5) Where Board of Commissioners fails to render this decision within the required period, or fails to hold the hearing within the required period, the decision shall be deemed to have been rendered against the amendment. When a deemed decision is rendered in favor of the amendment, the Board of Commissioners shall give notice of this within 10 days of the last day that it could have met to render a favorable decision.

(6) If the Board of Commissioners determines that a validity challenge has merit, then it may either accept the applicant’s landowner curative amendment -- with or without revision -- or adopt an alternative amendment that will cure the alleged defects in this ordinance.

(7) Where an application is denied, the resulting decision must be accompanied by a finding of fact, the conclusions based on these facts, and the reason that such conclusions were drawn. This will show that the decision was reasoned, and not arbitrary. References to any provisions of any ordinance, rule, or regulation relied on for any conclusion must be made, along with the reason that the conclusion is appropriate for the particular case at hand.

(8) Even where an application is not denied, the resulting decision should be accompanied by a statement of findings or an opinion that is detailed enough to substantiate the involved decision.

(9) A copy of the final decision must be delivered or mailed to the applicant no later than the day after the date of the report.

j. The decision of the Board of Commissioners may be appealed to the Court of Common Pleas in the judicial district where the subject property is located.

4. Municipal Curative Amendments:

If the Township Board of Commissioners determines that this Ordinance or a portion thereof is substantially invalid or defected, then the Board of Commissioners may initiate a municipal curative amendment as follows.

a. The Board of Commissioners shall first (1) declare this ordinance or the substantially invalid portion or portions thereof to be invalid by formal action, and (2) propose to prepare a municipal curative amendment to overcome these invalidities.

b. Within 30 days of the declaration and proposal, the Board of Commissioners shall: (1) make findings by resolution that set forth the declared invalidity or invalidities (this may include references to specific uses which are either not permitted or not permitted in sufficient quantity, to a class or use or uses which require revision, or to the entire Ordinance), and (2) begin to prepare and consider a curative amendment to the zoning ordinance that will correct these invalidities.

c. Within 180 days of the declaration and proposal, the Board of Commissioners shall either (1) enact this curative amendment according to the provisions of letter “A,” number “4" of this section, or (2) reaffirm the validity of this ordinance.

d. During this 180 day period, the Township of Reserve, its Board of Commissioners, and its Zoning Hearing Board shall not be required to entertain or consider any substantive challenges to the validity of this ordinance (as laid out in Section 309, “Substantive Challenges”) that are based on the same invalidities declared under letter “b” above.

e. The Township may not initiate another municipal curative amendment for 36 months after the date that either the curative amendment is enacted or the validity of this ordinance is reaffirmed. However, if a new duty or obligation is imposed on the Township by a statute or a Pennsylvania Appellate Court decision, then the Township may ignore this rule in order to amend this ordinance to fulfill said duty or obligation.

ARTICLE IV

ZONING DISTRICTS

SECTION 401: Purpose

A. Purpose: The purpose of this section of this Article is to provide the reader with a clear understanding of how to interpret the Township’s zoning districts. The overall purpose of these districts is to bring to fruition the “Goals and Objectives” Section of the Reserve Township Comprehensive Plan. This section of the ordinance has been created in order to achieve these Goals and Objectives. Further, the purpose of zoning districts is to accomplish the following:

1) Establish areas in of the township that are of harmonious character and environment

2) Eliminate conflicting land uses within township neighborhoods

3) Provide buffers where differing land uses adjoin one another

To this extent, Article IV, Section 402 has established seven (7) “Zoning Districts” within Reserve Township. Each of these seven (7) zoning districts has similar character and environmental characteristics that make them unique. All land within the entire township is contained within one of the seven (7) zoning districts found in this Article and Ordinance.

Article VI, Section 403 establishes the Reserve Township Zoning Map. The Reserve Township Zoning Map establishes physical boundaries between zoning districts. These boundaries are delineated by color and in heavy black line on the Reserve Township Zoning Map.

Each section of this Article (IV) from Section 401 through 403 contains standards for each of these individual districts. Specifically, these sections contain the township standards for the following:

1) Use regulations (Permitted, Conditional and Special Exceptions)

2) Use regulations (Accessory uses)

3) Off-street parking requirements

4) Off-street loading requirements

5) Lot standards

a. Area

b. Frontage

c. Width

d. Setbacks

e. Zero Lot Line applicability

f. Prohibited (Reverse Frontage Lots)

g. Required evergreen buffer

B. Applicability: Sections 402 through 403 of this ordinance establish Reserve Township’s seven (7) zoning districts. These districts include all land within the entire township. Each subsection of Section 402 applies to all lands in Reserve Township. However, each subsection is applicable to its specific zoning district.

C. Principal Uses on Residential Lots:

There shall be one (1) principal and permitted use on a legally sized and dimensioned lot in all Residential Zones.

SECTION 402: Zoning Districts

In order to achieve the purpose of this Article (Article IV, Section 401), “Purpose” Reserve Township is herby divided into seven (7) zoning districts. The following chart is a complete listing of Reserve Township’s seven (7) zoning districts.

ZONING DISTRICT NAME	SHORT CODE IDENTIFICATION
Single Household Residential	R-1
Two Household Residential	R-2
Multi Household Residential	R-3
Trailer Household Residential	R-4
Neighborhood Commercial	C-1
General Commercial	C-2
Light Industrial	LI

A. Single Household Residential R-1

The aim of this district is to retain a rural character and allow for residential development in areas that do not have public infrastructure. Due to the lack of public sewer and water, development is proposed to occur in lots large enough to support both water well and a on lot sewage disposal systems. Geological constraints such as slope and soil type are other factors that contribute to the land use/zoning classification.

B. Two-Household Residential R-2

The district was established to encourage single household dwelling units in areas serviced by public water and sewer at a higher net density than that in the R-1 Residential district. Maximum net densities in this district are capped at two single household dwelling units per acre. This district permits single household attached and detached dwelling units.

C. Multi Household Residential R-3

This district has been formed to allow higher density than R-1 or R-2 for a variety of single household dwelling types at a variety of densities. Access to public sewer and water is a standard that guided the location of these districts. Not only are single household dwelling units permitted as a regular use; but multi family units such as Garden Apartments and Condominiums are as well. Land use concepts such as performance zoning, Zero Lot Line technique, Density Bonuses and Clustering are encouraged in this district. This district is proposed to be serviced by both public sewer and water.

D. Trailer Household Residential R-4

In order to have areas of the township that permit mobile homes and trailers as regular uses, the R-4 Residential district has been established. Zoning ordinance standards regarding permanent foundations and availability of public infrastructure should be considered when developing in this district.

E. Neighborhood Commercial C-1

This zoning district has been established to encourage retail activity and nearby residential areas and neighborhood commercial services that are geared toward the local community. All establishments should be required to have rear loading access via a service street or alley, sufficient parking, landscaping and lighting. Sidewalks and street furniture are encouraged at shopping centers and commercial strips.

F. Commercial District C-2

This district is designed to encourage large scale retail, commercial, and service activities. These commercial activities require larger parking facilities, lighting, landscaping and off street loading areas. Commercial activities in this district are regional in nature and serve the regional population rather than the local community. All establishments should be required to have rear loading access via a service street or alley, sufficient parking, landscaping and lighting. Sidewalks and street furniture are encouraged at shopping centers and commercial strips.

G. Light Industrial L-I

This zone has been created to provide areas for assembly, processing and small-scale manufacturing. Access to Interstate Highways and Public Infrastructure are the foundation for establishing this type of land use in the township. Due to the amount of existing commercial uses in the current Manufacturing Zone commercial uses will be permitted as lesser uses in this zone.

H. Permitted Uses Permitted uses are those that do not require variances and simply require a “Zoning Permit” and/ or an “Occupancy Permit” from the Reserve Township Zoning Officer. Article III, Section 302 addresses “Zoning Permits” and Article I, Section 116 addresses “Occupancy Permits.” Table IV-A, the Reserve Township Land Use, Off-street parking, and Off-street loading requirements illustrates permitted uses with a “P” on the table.

R-1 Single Household Residential District

See TABLE IV -A

R-2 Two-Household Residential District

See TABLE IV -A

R-3 Multi Household Residential District

See TABLE IV -A

R-4 Trailer Household Residential District

See TABLE IV -A

C-1 Community Commercial District

See TABLE IV -A

And less intense residential area

C-2 Regional Commercial District

See TABLE IV -A

And less intense residential area

LI Light Industrial District

See TABLE IV -A

And less intense residential area

I. Conditional Uses Conditional Uses are those that require approval from the Township Board of Commissioners. Conditional uses have a set of requirements found in Article III, Section 306 “Conditional Uses”. Table IV-A, the Reserve Township Land Use, Off-street parking, and Off-street loading requirements illustrates permitted uses with a “C” on the table.

The following are conditional uses in Reserve Township:

R-1 Single Household Residential District

See TABLE IV -A

R-2 Two-Household Residential District

See TABLE IV -A

R-3 Multi Household Residential District

See TABLE IV -A

R-4 Trailer Household Residential District

See TABLE IV -A

J. Accessory Uses Accessory uses are those that are ancillary to the principal permitted use on the lot. Accessory uses are those that do not require variances and simply require a “Zoning Permit” and/ or an “Occupancy Permit” from the Reserve Township Zoning Officer. Article III, Section 302 addresses “Zoning Permits” and Article I, Section 115 addresses “Occupancy Permits.” Table IV-A, the Reserve Township Land Use, Off-street parking, and Off-street loading requirements illustrates permitted uses with an “A” on the table.

See TABLE IV -A

K. Special Exception Uses Special Exception Uses are those that may be allowed on a particular lot provided that the Reserve Township Zoning Hearing Board approves the use. Conditions of the use may be required as part of the granting of the special exception use. Article III, Section 306 addresses “Special Exception Uses”. Table IV-A, the Reserve Township Land Use, Off-street parking, and Off-street loading requirements illustrates permitted uses with an “S” on the table.

See TABLE IV -A

L. Temporary Uses Temporary Uses are those that may be allowed on a particular lot provided that the Reserve Township Zoning Officer approves the use for a period not to exceed 90 days unless renewed. Conditions of the use may be required as part of the granting of the special exception use. Article IX, Section 901addresses “Temporary Uses”. Table IV-A, the Reserve Township Land Use, Off-street parking, and Off-street loading requirements illustrates permitted uses with a “T” on the table.

Carnival Structures

Construction Trailers

SECTION 403: Zoning Map

The locations and boundaries of the districts enumerated in Section 402 are hereby established as shown upon the map attached to this document. It shall be designated as the "Official Zoning Map." The zoning map and all information shown thereon are hereby made a part of this Article and this Ordinance. The "Official Zoning Map" shall be dated and shall carry the signature of the Township Secretary certifying that it is the true map adopted by the Reserve Township Board of Commissioners.

The Zoning Officer at the Municipal Building shall maintain the “Official Zoning Map.” For informational purposes, a Zoning Map is attached to this ordinance, but in the event of any dispute between the informational map and the ordinance, or the official map at the Municipal Building, the "Official Zoning Map" shall control.

1) District Boundaries

a. Boundaries indicated as approximately following natural features or the centerlines of streets, highways or alleys should be construed to follow such centerlines.

b. Boundaries indicated as approximately following the boundary line of a recorded lot or separate parcel of land shall be construed as following said line of recorded lot or parcel of land.

c. Boundaries indicated, as approximately following Township boundaries shall be construed as to follow said Township boundaries.

d. Such dimensions shall determine boundaries indicated by measured distances on the zoning map. The scale of the map shall determine distances not specifically indicated on the zoning map.

2) Amending the Zoning Map: The Reserve Township Zoning Map may be amended only through the following:

a. Simple amendment the Reserve Township Zoning Ordinance

b. Landowner curative amendment as provided by the Reserve Township Zoning Ordinance and PA MPC, as reenacted and amended.

c. Municipal curative amendment

3) Map amendment time frames: Any amendment to the Reserve Township Zoning Map must be made within sixty days of the amendment. All changes will be made through ordinance. The map revisions will require the following:

a. Revision Date

b. Ordinance Number

c. Signature of the Chairman of the Reserve Township Secretary

Table IV-A

RESERVE TOWNSHIP ZONING AND OFF STREET PARKING AND LOADING CHART

Land Use	R-1	R-2	R-3	R-4	C-1	C-2	LI	Minimum Required Off-street Parking Spaces	Minimum Required Off-street Loading Spaces
Adult/Sexually Oriented Business	N	N	N	N	N	S	N	See Article 519	See Article 521
Agricultural Operation	P	P	P	P	P	P	C	See Article 519	See Article 521
Auto Car Wash	N	N	N	N	P	P	C	See Article 519	See Article 521
Auto Repair	N	N	N	N	P	P	C	See Article 519	See Article 521
Auto Service Station	N	N	N	N	P	P	C	See Article 519	See Article 521
Banks	N	N	N	N	P	P	C	See Article 519	See Article 521
Bar	N	N	N	N	P	P	C	See Article 519	See Article 521
Barber Shop	N	N	N	N	P	P	C	See Article 519	See Article 521
Bowling Alley	N	N	N	N	P	P	C	See Article 519	See Article 521
Bus Shelter	C	C	C	C	P	P	C	See Article 519	See Article 521
Child Care Center	C	C	C	C	P	P	C	See Article 519	See Article 521
Church	P	P	P	P	P	P	P	See Article 519	See Article 521
Club	N	N	N	N	C	C	C	See Article 519	See Article 521
Condominium	N	N	P	P	C	C	C	See Article 519	See Article 521
Conference Center	N	N	N	N	C	P	C	See Article 519	See Article 521
Convenience Store	N	N	N	N	P	P	C	See Article 519	See Article 521
Country Club	C	C	C	C	C	C	C	See Article 519	See Article 521
Daycare-Child	C	C	C	C	C	C	C	See Article 519	See Article 521
Daycare-Adult	C	C	C	C	C	C	C	See Article 519	See Article 521
Dwelling-Duplex	N	N	P	P	C	C	P	See Article 519	See Article 521
Dwelling-Apartment (Garden)	N	N	C	C	C	C	C	See Article 519	See Article 521
Forestry	C	C	C	C	C	C	C	See Article 519	See Article 521
Garage-Residential	A	A	A	A	A	A	A	See Article 519	See Article 521
Garage-Municipal	P	P	P	P	P	P	P	See Article 519	See Article 521
Garage-Public	N	N	N	N	C	P	P	See Article 519	See Article 521
Greenhouses	C	C	C	C	P	P	P	See Article 519	See Article 521
Health Care Facility	N	N	N	N	P	P	C	See Article 519	See Article 521
Health Club	N	N	N	N	P	P	C	See Article 519	See Article 521
Home Occupation	P	P	P	P	C	C	C	See Article 519	See Article 521
Home Professional Office	C	C	C	C	C	C	C	See Article 519	See Article 521
Homes for the Aged	C