[Ord. 1263, 8/10/2009]
1.
Persons desiring to undertake any new construction, structural or
site alteration, or changes in the use of a building or lot shall
apply to the Zoning Officer for a zoning permit. The permit application
must be filled out completely and submitted to the Borough for review.
2.
The Zoning Officer shall either issue the zoning permit or shall
refuse the permit, indicating in writing the reason for refusal. Certain
construction, alterations or uses require approval of the Zoning Hearing
Board, Borough Council, and/or the recommendations of the Planning
Commission.
3.
If refused a permit by the Zoning Officer, the applicant may appeal
to the Zoning Hearing Board for further consideration.
4.
After the approved zoning permit has been received by the applicant,
he may undertake the action permitted by the zoning permit.
5.
Upon completion of such action and upon approval of all inspections,
a certificate of occupancy will be issued.
[Ord. 1263, 8/10/2009]
1.
Zoning Permit.
A.
Scope.
(1)
No person shall erect, alter, or convert any structure or building,
nor alter the use of any land or structure, until the Zoning Officer
issues a zoning permit to the person for said change or construction.
(2)
No zoning permit is required for normal maintenance and repairs.
(3)
A zoning permit is automatically voided unless construction
is started within 180 days from the date the permit is issued.
B.
Types of Uses.
(1)
Permitted Use. A zoning permit for a permitted use may be issued
by the Zoning Officer.
(2)
Special Exception, Variance. A zoning permit for a use requiring
a special exception or variance shall be issued by the Zoning Officer
only upon the order of the Zoning Hearing Board after a hearing. An
application for a special exception, variance or for interpretation
of any part or provision of this chapter shall be made to the Zoning
Hearing Board on forms which may be obtained from the Zoning Officer.
(3)
Conditional Use. A zoning permit for a conditional use shall
be issued by the Zoning Officer only upon the written order of the
Borough Council. An application for a conditional use shall be made
to the Borough Council on forms which may be obtained from the Zoning
Officer.
C.
Application.
(1)
All applications for a zoning permit shall be in writing on
a form provided by the Zoning Officer and shall be submitted to the
Borough for review for compliance with this chapter and Borough Building
Code as duly adopted by Borough Council.
(2)
All applications for a zoning permit shall include a plot plan
drawn to scale showing the dimensions of the lot and the dimensions
and setbacks of all existing structures as well as the dimensions
and setbacks of the proposed construction. The Zoning Officer or the
Zoning Hearing Board may require any additional information which
he deems necessary to properly evaluate the application for the purpose
of determining its conformity with this chapter.
(3)
Prior to the issuance of any zoning permit, the Zoning Officer
shall review the application for such permit to determine if all other
necessary governmental permits (such as those required by state and
federal laws such as Act 537, the Pennsylvania Sewage Facilities Act,
35 P.S. § 750.1 et seq., the Water Obstruction Act of 1913
and the Federal Water Pollution Control Act Amendments of 1972, § 404,
33 U.S.C. § 1334, have been obtained. No permit shall be
issued until this determination has been made.
D.
Issuance.
(1)
The Zoning Officer shall issue or refuse an application for
a zoning permit within 15 days after the date such application was
made for residential applications and 30 days after the date such
application was made for commercial applications, except as specifically
provided for in this chapter.
(2)
A zoning permit shall be prepared in at least triplicate.
(3)
One copy shall be kept conspicuously on the premises. No person
shall perform building operations of any kind unless a zoning permit
is being displayed as required by this chapter.
(4)
After the issuance of a zoning permit by the Zoning Officer,
no changes of any kind shall be made to the application, permit, plans,
specifications or other documents submitted with the application without
the written consent or approval of the Zoning Officer.
2.
Occupancy Permit.
A.
Scope. A certificate of occupancy shall be issued by the Zoning Officer
upon the completion of any structure and prior to the occupancy of
that structure. A certificate of occupancy shall also be secured from
the Zoning Officer prior to the reoccupancy of any dwelling, prior
to the reoccupancy of any structure or land where a commercial or
industrial use is to be located, and for any change of use of any
existing building or land where a dwelling or a commercial or industrial
use will be involved.
B.
Application. All applications for a certificate of occupancy shall
be in writing on a form furnished by the Zoning Officer.
C.
Issuance.
(1)
The Zoning Officer shall grant or refuse an application for
a certificate of occupancy within five days after being notified of
the completion of authorized construction or alteration, or (where
no construction or alteration is involved) within five days after
receipt of such application.
(2)
A copy of the certificate of occupancy shall be kept upon the
premises, and shall be displayed upon request made by any officer
of the Borough.
3.
Other Permits. The Borough may require additional permits specified
in other related ordinances and laws.
4.
Permits within Historic Districts. For any erection, alteration,
or enlargement of any building, or other structure, or portion thereof
within any duly created Historic District, the permit application
shall be reviewed by the Historic Architectural Review Board prior
to the issuance of a permit in accordance with Historic District ordinances
in effect in the Borough. Permits shall be issued only after the Council
has approved a certificate of appropriateness.
[Ord. 1263, 8/10/2009]
1.
Appointment.
A.
The provisions of this chapter shall be administered and enforced
by a Zoning Officer.
B.
The Zoning Officer shall be appointed by Borough Council and shall
not hold any elective office.
C.
The Zoning Officer shall continue to serve the Borough until such
time as Borough Council declares otherwise.
2.
Duties and Powers.
A.
The Zoning Officer shall:
(1)
Administer this chapter in accordance with its literal terms.
(2)
Receive and examine all applications required under the terms
of this chapter.
(3)
Issue or refuse permits within 15 days of the receipt of the
application for residential permits and 30 days of the receipt of
the application for commercial permits, except as specifically provided
for in this chapter.
(4)
Receive complaints of violation of this chapter.
(5)
Issue a written notice of violation to any person violating
any provision of this chapter.
(6)
Keep records of applications, permits, and certificates issued,
of variances granted by the Zoning Hearing Board, of complaints received,
of inspections made, of reports rendered, and of notice or orders
issued.
(7)
Make all required inspections and perform all other duties as
called for in this chapter.
B.
The Zoning Officer shall not have the power to permit any construction,
use or change of use which does not conform to this chapter.
[Ord. 1263, 8/10/2009]
1.
A Zoning Hearing Board is established in order that the objectives
of this chapter may be more fully and equitably achieved and a means
for competent interpretation of this chapter provided. Any rights,
duties, procedures, or obligations of the Board not specified within
or in conflict with this chapter, shall be governed by Article IX
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10901
et seq.
2.
Membership of the Board.
A.
The membership of the Board shall consist of three residents of the
Borough appointed by resolution by the Borough Council. The terms
of office of a three member board shall be three years and shall be
so fixed that the term of office of one member shall expire each year.
The Board shall promptly notify the Borough Council of any vacancies
which occur. Appointments to fill vacancies shall be only for the
unexpired portion of the term. Members of the Board shall hold no
other elected or appointed office in the Borough nor shall any member
be an employee of the Borough.
B.
The Borough may appoint by resolution at least one but no more than
three residents of the Borough to serve as alternate members of the
Board. The term of office of an alternate member shall be three years.
When seated pursuant to the provisions of § 906 of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10906, an alternate
shall be entitled to participate in all proceedings and discussions
of the Board to the same and full extent as provided by law for Board
members, including specifically the right to cast a vote as a voting
member during the proceedings, and shall have all the powers and duties
set forth in this chapter and as otherwise provided by law. Alternates
shall hold no other elected or appointed office in the Borough, including
service as a member of the Planning Commission or as a Zoning Officer,
nor shall any alternate be an employee of the Borough. Any alternate
may participate in any proceeding or discussion of the Board but shall
not be entitled to vote as a member of the Board nor be compensated
pursuant to § 907 of the Pennsylvania Municipalities Planning
Code (PaMPC), 53 P.S. § 10907, unless designated as a voting
alternate member pursuant to § 906.1 of the PaMPC, 53 P.S.
§ 10906.1.
3.
Removal of 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 Borough Council which appointed the member, taken
after the member has received 15 days' advance notice of the intent
to take such a vote. A hearing shall be held in connection with the
vote if the member shall request it in writing.
4.
Organization of Board.
A.
The Board shall elect from its own membership its officers, who shall
serve annual terms as such and may succeed themselves. For the conduct
of any hearing and the taking of any action, a quorum shall be not
less than a majority of all the members of the Board, but the Board
may appoint a hearing officer from its own membership to conduct any
hearing on its behalf and the parties may waive further action by
the Board as provided in § 908 of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10908.
B.
The chairman of the Board may designate alternate members of the
Board to replace any absent or disqualified member and it by reason
of absence or disqualification of a member, a quorum is not reached,
the chairman of the Board shall designate as many alternate members
of the Board to sit on the Board as may be needed to reach a quorum.
Any alternate member of the Board shall continue to serve on the Board
in all proceedings involving the matter or case for which the alternate
was initially appointed until the Board has made a final decision
on the matter or case. Designation of an alternate pursuant to this
section shall be made on a case by case basis in rotation according
to declining seniority among all alternates.
C.
The Board may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the Borough and laws of the Commonwealth.
The Board shall keep full public records of its business, which records
shall be the property of the Borough, and shall submit a report of
its activities to the Borough Council as requested by the Borough
Council.
D.
The fees for all proceedings, hearings and actions by the Board shall
be paid by the applicant.
5.
Expenditures for Services. Within the limits of funds appropriated
by the Borough Council, 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 Borough Council, but in no
case shall it exceed the rate of compensation authorized to be paid
to the members of the Borough Council. Alternate members of the Board
may receive compensation, as may be fixed by the Borough Council,
for the performance of their duties when designated as alternate members
pursuant to § 906 of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10906, but in no case shall such compensation
exceed the rate of compensation authorized to be paid to the members
of the Borough Council.
6.
Zoning Hearing Board's Functions.
A.
Variances.
(1)
The Board shall hear requests for variances where it is alleged
that the provisions of this chapter inflict unnecessary hardship upon
the applicant.
(2)
The Zoning Hearing Board shall provide written notification
to all property owners within 100 feet of the property subject to
an application before the Board.
(3)
The Board may by rule prescribe the form of application and
may require preliminary application to the Zoning Officer. The Board
may grant a variance, provided that all of the following findings
are made where relevant in a given case:
(a)
There are unique physical circumstances or conditions, including
irregularity, narrowness, or shallowness of lot size or shape, or
exceptional topographical or other physical conditions peculiar to
the particular property and that the unnecessary hardship is due to
such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located.
(b)
Because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this chapter and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
(c)
Such unnecessary hardship has not been created by the appellant.
(d)
The variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
nor substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare.
(e)
The variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
(4)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this chapter.
(5)
Unless otherwise extended, ordered or authorized by the Zoning
Hearing Board, the grant of a variance shall automatically expire
and be deemed null and void if no permit is issued within one year
of the order granting the variance or if no substantial work has been
performed within six months from the day the permit was issued.
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Extensions of the above time limitations shall only be granted
for urgent and compelling reasons. All orders of the Zoning Hearing
Board granting variances shall include a specific reference to this
section with an appropriate warning of its effect.
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B.
Special Exception Uses. Where the Borough Council, in this chapter,
has stated special exceptions to be granted or denied by the Board
pursuant to express standards and criteria, the Board shall hear and
decide requests for such special exceptions in accordance with such
standards and criteria.
(1)
Purpose. Before a zoning permit is granted for any use permitted
as a special exception use in this chapter, the Board shall hear and
decide a request for special exception. A zoning permit may only be
issued if such request for special exception is granted by the Board.
This procedure is provided because of the considerable impact that
these tend to have on the community.
(2)
Procedure.
(a)
The Zoning Officer shall deny a zoning permit for the proposed
development requiring special exception approval until written approval
of the Zoning Hearing Board is obtained.
(b)
All applicants for a special exception use shall submit seven
sets of site plans for the proposed use to the Zoning Hearing Board
as part of the application for a zoning permit.
(c)
The Zoning Hearing Board shall forward one copy of the site
plan to the Zoning Officer within seven days of receiving the submission.
(d)
The Zoning Hearing Board shall provide written notification
to all property owners within 100 feet of the property subject to
an application before the Board.
(e)
The Board shall review reports received from the Zoning Officer.
Failure of the Zoning Officer to submit a written report prior to
the next regularly scheduled meeting shall not prevent the Board from
hearing and deciding the request.
(f)
The Board shall hear such request for a special exception use
tinder the procedures of this Part within 60 days from the date an
application has been properly submitted.
(3)
Approval and Expiration of Special Exception Uses.
(b)
In granting a special exception, the Board may require such
reasonable conditions and safeguards (in addition to those expressed
in this chapter) as it may deem necessary to implement the purposes
of this chapter.
(c)
Unless otherwise extended, ordered or authorized by the Zoning
Hearing Board, the grant of a variance shall automatically expire
and be deemed null and void if no permit is issued within one year
of the order granting the variance or if no substantial work has been
performed within six months from the day the permit was issued.
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Extensions of the above time limitations shall only be granted
for urgent and compelling reasons. All orders of the Zoning Hearing
Board granting variances shall include a specific reference to this
section with an appropriate warning of its effect.
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(4)
General Standards. Each special exception use shall comply with
all of the following general standards:
(a)
In conformance with the spirit, purposes, intent, and all applicable
requirements of this chapter.
(b)
In conformance with all applicable provisions of all other Borough
ordinances.
(c)
In accordance with the Bristol Borough Comprehensive Plan.
(d)
In conformance with all applicable state and federal laws, regulations,
and requirements.
(e)
Suitable for the particular location in question.
(f)
Not detrimental to the public welfare.
7.
Applications to the Board.
A.
All appeals from a decision of the Zoning Officer and applications
to the Board shall be in writing on forms prescribed by the Board.
B.
Every appeal or application shall include the following:
(1)
The name and address of the applicant or appellant.
(2)
The name and address of the owner of the property to be affected
by such proposed change or appeal.
(3)
A brief description and location of the properly to be affected
by such proposed change or appeal.
(4)
A statement of the present zoning classification of the property
in question, the improvements thereon and the present use thereof.
(5)
A statement of the section of this chapter under which the appeal
is made and reasons why it should be granted or a statement of the
section of this chapter governing the situation in which the alleged
erroneous ruling is being appealed and the reasons for this appeal.
(6)
A reasonably accurate description of the additions or changes
intended to be made under the application, indicating the size, material
and general construction of such proposed improvements. A plot plan
of the property to be affected, indicating the location and size of
the lot and the size of existing and intended improvements, shall
be attached to the description.
8.
Hearings. The Board shall conduct hearings and make decisions in
accordance with the following requirements:
A.
Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer, such other persons as the Borough
Council shall designate by ordinance and to any person who has made
timely request for the same. Written notices shall be given at such
time and in such manner as shall be prescribed by ordinance or, in
the absence of ordinance provision, by rules of the Board. In addition
to the written notice provided herein, written notice of said hearing
shall be conspicuously posted on the affected tract of land at least
one week prior to the hearing.
B.
The Borough Council may prescribe reasonable fees with respect to
hearings before the Zoning Hearing Board. Fees for said hearings may
include compensation for the secretary and members of the Zoning Hearing
Board, notice and advertising costs and necessary administrative overhead
connected with the hearing. The costs, however, shall not include
legal expenses of the Zoning Hearing Board, expenses for engineering,
architectural or other technical consultants or expert witness costs.
C.
The first hearing before the Board or hearing officer shall be commenced
within 60 days from the date of receipt of the applicant's application,
unless the applicant has agreed in writing to an extension of time.
Each subsequent hearing before the Board or hearing officer shall
be held within 45 days of the prior hearing, unless otherwise agreed
to by the applicant in writing or on the record. An applicant shall
complete the presentation of his case-in-chief within 100 days of
the first hearing. Upon the request of the applicant, the Board or
hearing officer shall assure that the applicant receives at least
seven hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing held after the completion of the applicant's case-in-chief.
An applicant may, upon request, be granted additional hearings to
complete his case-in-chief provided the persons opposed to the application
are granted an equal number of additional hearings. Persons opposed
to the application may, upon the written consent or consent on the
record by the applicant and Borough, be granted additional hearings
to complete their opposition to the application provided the applicant
is granted an equal number of additional hearings for rebuttal.
D.
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 Borough, 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.
E.
The parties to the hearing shall be the Borough, any person affected
by the application who has made timely appearance of record before
the Board, and any other person including civic or community organizations
permitted to appear by the Board. The Board shall have power to require
that all persons who wish to be considered parties enter appearances
in writing on forms provided by the Board for that purpose.
F.
The chairman or acting chairman of the Board or the hearing officer
presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
G.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
H.
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
I.
The Board or the hearing officer, as the case may be, shall keep
a stenographic record of the proceedings. The appearance fee for a
stenographer shall be shared equally by the applicant and the Board.
The cost of the original transcript shall be paid by the Board if
the transcript is ordered by the Board or hearing officer or shall
be paid by the person appealing from the decision of the Board if
such appeal is made, and in either event the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases the party requesting the original transcript shall bear the
cost thereof.
J.
The Board or the hearing officer shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
K.
The 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 after the last hearing
before the Board or hearing officer. Where the application is contested
or denied, each decision shall be accompanied by findings of fact
and conclusions based thereon together with the reasons therefore.
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. If the hearing is conducted by a hearing
officer and there has been no stipulation that his decision or findings
are final, the Board shall make his report and recommendations available
to the parties within 45 days and the parties shall be entitled to
make written representations thereon to the Board prior to final decision
or entry of findings, and the Board's decision shall be entered no
later than 30 days after the report of the hearing officer. Except
for challenges filed under § 916.1 of the Pennsylvania Municipalities
Planning Code (PaMPC), 53 P.S. § 10916.1, where the Board
fails to render the decision within the period required by this subsection
or fails to commence, conduct or complete the required hearing as
provided in § 908(1.2) of the PaMPC, 53 P.S. § 10908(1.2),
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 Board to meet or render
a decision as hereinabove provided, the Board shall give public notice
of said decision within 10 days from the last day it could have met
to render a decision in the same manner as provided in § 908(1)
of the PaMPC, 53 P.S. § 10908(1). If the Board shall fail
to provide such notice, the applicant may do so. Nothing in this subsection
shall prejudice the right of any party opposing the application to
appeal the decision to a court of competent jurisdiction.
L.
A copy of the final decision or, where no decision is called for,
of the findings shall be delivered to the applicant personally or
mailed to him not later than the day following its date. To all other
persons who have filed their name and address with the Board not later
than the last day of the hearing, the Board shall provide by mail
or otherwise, brief notice of the decision or findings and a statement
of the place at which the full decision or findings may be examined.
[Ord. 1263, 8/10/2009]
1.
Where the Borough Council, in the zoning ordinances, has stated conditional
uses to be granted or denied by the Borough Council pursuant to express
standards and criteria, the Borough Council 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 Borough, may,
prior to the decision or 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 Borough Council 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 this chapter.
A.
The Borough Council 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 Borough Council.
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.
B.
Where the Borough Council fails to render the decision within the
period required by this subsection or fails to commence, conduct or
complete the required hearing as provided in § 908(1.2)
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10908(1.2),
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 Borough Council to
meet or render a decision as hereinabove provided, the Borough Council
shall give public notice of the decision within 10 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 chapter. If the Borough
Council shall fail to provide such notice, the applicant may do so.
C.
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.
[Ord. 1263, 8/10/2009]
1.
The Zoning Hearing Board shall have exclusive jurisdiction to hear
and render final adjudications in the following matters:
A.
Substantive challenges to the validity of any land use ordinance,
except those brought before the Borough Council pursuant to §§ 609.1
and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code,
53 P.S. §§ 10609.1, 10916.1(a)(2).
B.
Challenges to the validity of a land use ordinance raising procedural
questions or alleged defects in the process of enactment or adoption
which challenges shall be raised by an appeal taken within 30 days
after the effective date of said ordinance. Where the ordinance appealed
from is the initial zoning ordinance of the Borough and a Zoning Hearing
Board has not been previously established, the appeal raising procedural
questions shall be taken directly to court.
C.
Appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit, or failure
to act on the application therefor, the issuance of any cease and
desist order or the registration or refusal to register any nonconforming
use, structure or lot.
D.
Appeals from a determination by a municipal engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance.
G.
Appeals from the determination of any officer or agency charged with
the administration of any transfers of development rights or performance
density provisions of this chapter.
H.
Appeals from the Zoning Officer's determination under § 916.2
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.2.
I.
Appeals from the determination of the Zoning Officer or Borough Engineer
in the administration of any land use ordinance or provision thereof
with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to development not involving
subdivision and land development applications.
2.
The Borough Council or, except as to clauses 909.1(b)(3), (4) and
(5) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10909.1(b)(3),
(4) and (5), the planning agency, if designated, shall have exclusive
jurisdiction to hear and render final adjudications in the following
matters:
A.
All applications for approvals of planned residential developments
under Article VII pursuant to the provisions of § 702 of
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10702.
B.
All applications pursuant to § 508 of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10508, for approval
of subdivisions or land developments under Article V, 53 P.S. § 10501
et seq. Any provision in a subdivision and land development ordinance
requiring that final action concerning subdivision and land development
applications be taken by a planning agency rather than the Borough
Council shall vest exclusive jurisdiction in the planning agency in
lieu of the Borough Council for purposes of the provisions of this
paragraph.
C.
Applications for conditional use under the express provisions of
this chapter pursuant to § 603(c)(2) of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10603(c)(2).
D.
Applications for curative amendment to a zoning ordinance pursuant
to §§ 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities
Planning Code, 53 P.S. §§ 10609.1, 10916(a)(2).
E.
All petitions for amendments to land use ordinances, pursuant to the procedures set forth in § 27-809, Subsection 2, of this chapter. Any action on such petitions shall be deemed legislative acts, provided that nothing contained in this subsection shall be deemed to enlarge or diminish existing law with reference to appeals to court.
F.
Appeals from the determination of the Zoning Officer or the Borough Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to application for land development under Articles V and VII of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10501 et seq., 10701 et seq. Where such determination relates only to development not involving an Article V or VII application, the appeal from such determination of the Zoning Officer or the Borough Engineer shall be to the Zoning Hearing Board pursuant to Subsection 1I above. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the planning agency, all appeals from determinations under this subsection shall be to the planning agency and all appeals from the decision of the planning agency shall be to court.
G.
Applications for a special encroachment permit pursuant to § 405
and applications for a permit pursuant to § 406 of the Pennsylvania
Municipalities Planning Code, 53 P.S. §§ 10405, 10406.
[Ord. 1263, 8/10/2009]
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 § 709
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10709,
or from an adverse decision by a Zoning Officer on a challenge to
the validity of an ordinance or map pursuant to § 916.2
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.2,
shall preclude an appeal from a final approval except in the case
where the final submission substantially deviates from the approved
tentative approval.
2.
All appeals from determinations adverse to the landowners shall be
filed by the landowner within 30 days after notice of the determination
is issued.
[Ord. 1263, 8/10/2009]
1.
Upon filing of any proceeding referred to in § 913.3 of
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10913.3,
and during its pendency before the Board, all land development pursuant
to any challenged ordinance, order or approval of the Zoning Officer
or of any agency or body, and all official action thereunder, shall
be stayed unless the Zoning Officer or any other appropriate agency
or body certifies to the Board facts indicating that such stay would
cause imminent peril to life or property, in which case the development
or official action shall not be stayed otherwise than by a restraining
order, which may be granted by the Board or by the court having jurisdiction
of zoning appeals, on petition, after notice to the Zoning Officer
or other appropriate agency or body. When an application for development,
preliminary or final, has been duly approved and proceedings designed
to reverse or limit the approval are filed with the Board by persons
other than the applicant, the applicant may petition the court having
jurisdiction of zoning appeals to order such persons to post bond
as a condition to continuing the proceedings before the Board.
2.
After the petition is presented, the court shall hold a hearing to
determine if the filing of the appeal is frivolous. At the hearing,
evidence may be presented on the merits of the case. It shall be the
burden of the applicant for a bond to prove the appeal is frivolous.
After consideration of all evidence presented, if the court determines
that the appeal is frivolous, it shall grant the petition for a bond.
The right to petition the court to order the appellants to post bond
may be waived by the appellee, but such waiver may be revoked by him
if an appeal is taken from a final decision of the court.
3.
The question whether or not such petition should be granted and the
amount of the bond shall be within the sound discretion of the court.
An order denying a petition for bond shall be interlocutory. An order
directing the responding party to post a bond shall be interlocutory.
4.
If an appeal is taken by a respondent to the petition for a bond
from an order of the court dismissing a zoning appeal for refusal
to post a bond and the appellate court sustains the order of the court
below to post a bond, the respondent to the petition for a bond, upon
motion of the petitioner and after hearing in the court having jurisdiction
of zoning appeals, shall be liable for all reasonable costs, expenses
and attorney fees incurred by the petitioner.
[Ord. 1263, 8/10/2009]
1.
Enactment of Zoning Ordinance Amendments.
A.
For the preparation of amendments to zoning ordinances, the procedure
set forth in § 607 of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10607, for the preparation of a proposed
zoning ordinance shall be optional.
B.
Before voting on the enactment of an amendment, the Borough Council
shall hold a public hearing thereon, pursuant to public notice. In
addition, if the proposed amendment involves a Zoning Map change,
notice of said public hearing shall be conspicuously posted by the
Borough at points deemed sufficient by the Borough along the tract
to notify potentially interested citizens. The affected tract or area
shall be posted at least one week prior to the date of the hearing.
(1)
In addition to the requirement that notice be posted under Subsection 1B above, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the Borough at least 30 days prior to the date of the hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Borough. 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.
(2)
This subsection shall not apply when the rezoning constitutes
a comprehensive rezoning.
C.
In the case of an amendment other than that prepared by the planning
agency, the Borough Council shall submit each such amendment to the
planning agency at least 30 days prior to the hearing on such proposed
amendment to provide the planning agency an opportunity to submit
recommendations.
D.
If, after any public hearing held upon an amendment, the proposed
amendment is changed substantially, or is revised, to include land
previously not affected by it, the Borough Council shall hold another
public hearing, pursuant to public notice, before proceeding to vote
on the amendment.
E.
If a county planning agency shall have been created for the county
in which the municipality proposing the amendment is located, then
at least 30 days prior to the public hearing on the amendment by the
local Borough Council, the municipality shall submit the proposed
amendment to the county planning agency for recommendations.
F.
The Borough may offer a mediation option as an aid in completing
proceedings authorized by this section. In exercising such an option,
the Borough and mediating parties shall meet the stipulations and
follow the procedures set forth in Article IX of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10901 et seq.
G.
Within 30 days after enactment, a copy of the amendment to this chapter
shall be forwarded to the county planning agency or, in counties where
no planning agency exists, to the Borough Council of the county in
which the municipality is located.
2.
Private Petition. Proposals for amendment, supplement, change, or
modification or repeal may also be initiated by petition by one or
more owners of property to be affected by the proposed amendment.
Every private application for amendment of this chapter shall first
be presented to the Borough with the fee as set forth by the Borough
Council by resolution, and shall contain the following, where relevant:
A.
The applicant's name and address and his representative and the interest
of every person represented in the application.
B.
A plan showing the extent of the area to be rezoned, streets bounding
and intersecting the area, land use and zoning classification of abutting
districts, tax parcel numbers of the areas to be rezoned, and photographs
of the area to be rezoned and abutting areas.
C.
A statement of the circumstances in the proposed district and the
abutting districts and any other factors on which the applicant relies
as reasons for supporting the proposed rezoning.
D.
Information and analysis of traffic and other impacts that may be
needed by the Borough to evaluate the proposed amendment. The Borough
may require any other studies or impact assessments it deems necessary
in order to evaluate the proposed zoning change, including, but not
limited to, the following:
(1)
Consistency with the Borough Comprehensive Plan. The applicant
must analyze the proposed change and demonstrate that it is consistent
with the Borough's most current Comprehensive Plan.
(2)
Traffic impact, addressing the pedestrian, vehicular, school
bus, and truck traffic to be generated; routes to be used; access
points; potential conflict points; proposed improvements, including
street paving, widening, crosswalks, traffic-calming devices, signals,
signs, school bus stops, delivery routes, and sidewalks or pedestrian
improvements.
(3)
Fiscal impact: considering the fiscal impact on the Borough
and on the Bristol Borough School District.
(4)
Parking impact: considering the number of new parking spaces
required; their location; impact of new use of current parking supply
and demand and hours of peak demand.
(5)
Natural resources and environmental impact.
E.
The proposed changes to the text of this chapter.
3.
Procedure for Landowner Curative Amendments.
A.
A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Borough Council with a written request that his challenge and proposed amendment be heard and decided as provided in § 916.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.1. The Borough Council shall commence a hearing thereon within 60 days of the request as provided in § 916.1. The curative amendment and challenge shall be referred to the planning agency or agencies as provided in Subsection 1 of this section and notice of the hearing thereon shall be given as provided in §§ 610 and 916.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10610, 10916.1.
B.
The hearing shall be conducted in accordance with § 27-804, Subsection 8, of this chapter and all references therein to the Zoning Hearing Board shall, for purposes of this section, be references to the Borough Council: provided, however, that the provisions of §§ 27-804, Subsections 8C and K, of this chapter shall not apply and the provisions of § 916.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.1, shall control. If the Borough does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the entire zoning ordinance and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
C.
The Borough Council which has determined that a validity challenge
has merit may accept a landowner's curative amendment, with or without
revision, or may adopt an alternative amendment which will cure the
challenged defects. The Borough Council shall consider the curative
amendments, plans and explanatory material submitted by the landowner
and shall also consider:
(1)
The impact of the proposal upon 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 upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the ordinance or map.
(3)
The suitability of the site for the intensity of use proposed
by 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.
(5)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
4.
Procedure for Municipal Curative Amendments. If the Borough determines
that its zoning ordinance or any portion thereof is substantially
invalid, it shall take the following actions:
A.
The Borough shall declare by formal action, its zoning ordinance
or portions thereof substantively invalid and propose to prepare a
curative amendment to overcome such invalidity. Within 30 days following
such declaration and proposal the Borough Council shall:
B.
Within 180 days from the date of the declaration and proposal, the Borough shall enact a curative amendment to validate, or reaffirm the validity of this chapter pursuant to the provisions required by Subsection 1 of this section in order to cure the declared invalidity of this chapter.
C.
Upon the initiation of the procedures, as set forth in Subsection 4A of this section, the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under Subsection 3 of this section nor shall the Zoning Hearing Board be required to give a report requested under § 27-806 of this chapter or § 916.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.1, subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection 4A(1) of this section. Upon completion of the procedures as set forth in Subsection 4A and B, no rights to a cure pursuant to the provisions of Subsection 3 of this section and § 916.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which there has been a curative amendment pursuant to this section.
D.
The Borough having utilized the procedures as set forth in Subsection 4A and B may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of this chapter, pursuant to Subsection 4B; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Borough by virtue of a change in statute or by virtue of a Pennsylvania appellate court decision, the Borough may utilize the provisions of this section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.
[Ord. 1263, 8/10/2009]
[Ord. 1263, 8/10/2009]
1.
If it appears to the Borough that a violation of any zoning ordinance
enacted under this act or prior enabling laws has occurred, the Borough
shall initiate enforcement proceedings by sending an enforcement notice
as provided in this section.
2.
The enforcement notice shall be sent to the owner of record of the
parcel on which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding that
parcel, and to any other person requested in writing by the owner
of record.
3.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom
the Borough intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this chapter.
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.
The recipient of the notice has the right to appeal to the Zoning
Hearing Board within a prescribed period of time in accordance with
procedures set forth in the ordinance.
F.
Failure to comply with the notice within the time specified, unless
extended by appeal to the Zoning Hearing Board, constitutes a violation,
with possible sanctions clearly described.
4.
In any appeal of an enforcement notice to the Zoning Hearing Board
the Borough shall have the responsibility of presenting its evidence
first.
5.
Any filing fees paid by a party to appeal an enforcement notice to
the Zoning Hearing Board shall be returned to the appealing party
by the Borough if the Zoning Hearing Board, or any court in a subsequent
appeal, rules in the appealing party's favor.
[Ord. 1263, 8/10/2009]
1.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of any zoning ordinance
enacted under this act or prior enabling laws shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
Borough, pay a judgment of not more than $500 plus all court costs,
including reasonable attorney fees incurred by the Borough as a result
thereof. No judgment shall commence or be imposed, levied or payable
until the date of the determination of a violation by the district
justice. If the defendant neither pays nor timely appeals the judgment,
the Borough may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the district justice determining that
there has been a violation further determines that there was a good
faith basis for the person, partnership or corporation violating the
ordinance to have believed that there was no such violation, in which
event there shall be deemed to have been only one such violation until
the fifth day following the date of the determination of a violation
by the district justice and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation of zoning ordinances shall
be paid over to the Borough whose ordinance has been violated.
2.
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.
3.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
