[Ord. 738, 8/18/2009]
A.
The Joint Planning Commission shall consist of nine members, made
up of three representatives from each Tri-Borough Community.
B.
Upon request of each of the Borough Councils which comprise the Tri-Borough's
Communities, the Joint Planning Commission shall prepare and update
periodically the Joint Comprehensive Plan.
C.
The Joint Planning Commission shall receive, review and make recommendations
to the applicable Borough Council on conditional use requests.
D.
The Joint Planning Commission shall maintain a file of records of
its actions, such file being the property of each Borough Council.
E.
The Joint Planning Commission may prepare, hold hearings upon, and
recommend for adoption a zoning ordinance for the Tri-Borough Communities
and subsequently may prepare and recommend amendments thereto.
F.
The Joint Planning Commission may prepare and recommend for adoption
a subdivision and land development ordinance and/or planned residential
development ordinance for the Tri-Borough Communities, as well as
amendments thereto.
G.
The Joint Planning Commission shall receive, review and make recommendations
to the Borough Councils on commercial or industrial development proposals,
planned residential developments and subdivision plans.
H.
The Joint Planning Commission shall receive, review and make recommendations
to the applicable Zoning Hearing Board on special exception requests.
I.
The Joint Planning Commission may call and hold public hearings on
matters relating to development in the Boroughs including amendments
to the zoning and subdivision ordinances.
J.
The Joint Planning Commission may, at the request of the Borough
Councils, prepare and recommend an annual capital improvements program,
a building code, housing code, environmental study or similar reports
or plans necessary to manage land development in the Boroughs.
K.
The Joint Planning Commission may promote public interest in and
understanding of the Joint Comprehensive Plan and ordinances designed
to implement the plan.
L.
The Joint Planning Commission shall hold regularly scheduled advertised
meetings that are open to the public.
[Ord. 738, 8/18/2009]
A.
Borough Councils of the Tri-Borough Communities are ultimately responsible
for the adoption, amendment and enforcement of this Ordinance.
B.
The Borough Council of each Tri-Borough Community shall appoint three
representatives to the Joint Planning Commission. Alternates may be
appointed as necessary.
C.
The Borough Council of each Tri-Borough Community shall appoint a
Zoning Hearing Board and Zoning Officer.
D.
The Borough Council of each Tri-Borough Community shall receive the
recommendations of the Joint Planning Commission on matters the Commission
reviews pursuant to this Ordinance, but are not obligated to act in
accordance with the recommendations.
E.
The Borough Council of each Tri-Borough Community shall follow the
procedures established by this Ordinance for the adoption and/or amendment
of any zoning ordinance.
F.
The Borough Council of each Tri-Borough Community may remove its
representatives to the Joint Planning Commission. The procedure for
removal shall be in accordance the provisions defined in PA MPC § 206.
G.
The Borough Council of each Tri-Borough Community may remove its
zoning officers from their jobs, or members of its Zoning Hearing
Board, as appropriate. The procedure for removal of Zoning Hearing
Board members shall be in accordance the provisions defined in PA
MPC § 905.
H.
The Borough Council of each Tri-Borough Community shall be permitted
to establish fees, individual or in cooperation with the other Tri-Borough
Community Councils to administer the Joint Zoning Ordinance.
I.
The applicable Borough Council shall have exclusive jurisdiction
to hear and render final adjudications in the following matters:
(1)
All applications for approvals of planned residential developments
under Article VII of the MPC pursuant to the provisions of § 702
of the MPC, 53 P.S. § 10702.
(2)
All applications pursuant to § 508 of the MPC, 53
P. S. § 10508, for approval of subdivisions or land developments
under Article V of the MPC, 53 P.S. § 10501 et seq.
(3)
Applications for conditional use under the express provisions
of this Ordinance.
(4)
Applications for curative amendment to this Ordinance or pursuant
to §§ 609.1 and 916.1(a) of the MPC, 53 P.S. §§ 10609.1,
10916.1(a).
(5)
All petitions for amendments to land use ordinances, pursuant
to the procedures set forth in § 609 of the MPC, 53 P.S.
§ 10609.
(6)
Appeals from the determination of the applicable Zoning Officer
or the applicable 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 applications for land development under Articles V and VII
of the MPC, 53 P.S. §§ 10501 et seq., 10701 et seq.
(7)
Where such determination relates only to development not involving
a MPC Article V or VII application, the appeal from such determination
of the applicable Zoning Officer or the applicable Borough Engineer
shall be to the applicable Zoning Hearing Board pursuant to this § 2000-1602.
(8)
Where the applicable land use ordinance vests jurisdiction for
final administration of subdivision and land development applications
in the Joint Planning Commission, all appeals from determinations
under this paragraph shall be to the Planning Commission and all appeals
from the decision of the Joint Planning Commission shall be to court.
J.
Conditional Uses. Where the applicable Borough Council, in this Ordinance,
has stated conditional uses to be granted or denied by the applicable
Borough Council pursuant to express standards and criteria, the applicable
Borough Council shall hold hearings on and decide requests for such
conditional uses in accordance with such standards and criteria. In
granting a conditional use, the applicable Borough Council may attach
such reasonable conditions and safeguards, in addition to those expressed
in this Ordinance, as it may deem necessary to implement the purposes
of this Ordinance and the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq.
[Ord. 738, 8/18/2009]
A.
Each Tri-Borough Community shall establish and maintain an independent
Zoning Hearing Board (Board) consisting of members appointed by each
respective Borough Council.
B.
A Zoning Hearing Board shall receive recommendations on special exceptions
from the Joint Planning Commission and shall act thereon.
C.
There is hereby created for each Borough a Zoning Hearing Board in
accordance with the provisions of Article IX of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10901 et seq.
(1)
The membership of each Board shall consist of three residents
of the applicable Borough appointed by resolution by the Borough Council.
The terms of office shall be for three years and shall be so fixed
that the term of office of one member shall expire each year. The
applicable Board shall promptly notify the applicable Borough Council
of any vacancies which occur. Appointments to fill vacancies shall
be only for the unexpired portion of the term. Members of the applicable
Board shall hold no other office in the Borough.
(2)
Any Board member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority vote
of the applicable 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.
(3)
Each 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 this Ordinance.
(4)
Each 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.
(5)
Within the limits of funds appropriated by the applicable 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 applicable Borough Council,
but in no case shall it exceed the rate of compensation authorized
to be paid to the members of the applicable Borough Council.
D.
Hearings. The applicable Zoning Hearing Board will conduct hearings
and make decisions in accordance with the Municipalities Planning
Code. A copy of the Municipalities Planning Code is available for
review in the applicable Borough Building. The applicable Borough
Council shall establish, by resolution, fees with respect to hearings
before the applicable Zoning Hearing Board.
E.
Jurisdiction.
(1)
Each Zoning Hearing Board shall have exclusive jurisdiction
to hear and render final adjudications in the following matters within
the physical boundaries of its Borough:
(a)
Substantive challenges to the validity of any land use ordinance,
except those brought before the applicable Borough Council pursuant
to §§ 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities
Planning Code (hereinafter "MPC"), 53 P.S. §§ 10609.1,
10916.1.
(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.
(c)
Appeals from the determination of the applicable Zoning Officer,
including, but not limited to, the granting or denial of any permit,
or failure to act on the application therefore, the issuance of any
cease and desist order or the registration or refusal to register
any nonconforming use, structure or lot.
(d)
Appeals from a determination by the applicable Borough Engineer
or the applicable Zoning Officer with reference to the administration
of any floodplain or flood hazard ordinance or such provisions within
a land use ordinance.
(e)
Applications for variances from the terms of this Ordinance
and flood hazard ordinance or such provisions within a land use ordinance,
pursuant to § 910.2 of the MPC, 53 P.S. § 10910.2.
(f)
Applications for special exception under this Ordinance or floodplain
or flood hazard ordinance or such provisions within a land use ordinance,
pursuant to § 912.1 of the MPC, 53 P.S. § 10912.1.
(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 Ordinance.
(h)
Appeals from the applicable Zoning Officer's determination
under § 916.2 of the MPC, 53 P.S. § 10916.2.
(i)
Appeals from the determination of the applicable Zoning Officer
or applicable 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 applications under Article V or VII of
the MPC, 53 P.S. §§ 10501 et seq., 10701 et seq.
F.
Variances.
(1)
The applicable Zoning Hearing Board shall hear requests for
variances where it is alleged that the provisions of this Ordinance
inflict unnecessary hardship upon the applicant. The Board may by
rule prescribe the form of application and may require preliminary
application to the applicable 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 area or shape, or
exceptional topographical or other physical conditions peculiar to
the particular lot and that the unnecessary hardship is due to such
conditions and not the circumstances or conditions generally created
by the provisions of this Ordinance in the neighborhood or district
in which the lot is located.
(b)
Because of such physical circumstances or conditions, there
is no possibility that the lot can be developed in strict conformity
with the provisions of this Ordinance and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the lot.
(c)
Such unnecessary hardship has not been created by the applicant.
(d)
The variance, if authorized, will not alter the essential character
of the neighborhood or district in which the lot is located, nor substantially
or permanently impair the appropriate use or development of adjacent
lot, 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.
(2)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this Ordinance and the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
G.
Special Exception. Where the applicable Borough Council, in this
Ordinance, has stated special exception to be granted or denied by
the applicable Zoning Hearing Board pursuant to express standards
and criteria, the applicable Board shall hear and decide requests
for such special exception in accordance with such standards and criteria.
In granting a special exception, the applicable Board may attach such
reasonable conditions and safeguards, in addition to those expressed
in this Ordinance, as it may deem necessary to implement the purposes
of this Ordinance and the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq.
H.
Parties Appellant Before the Board. Appeals raising the substantive
validity of any land use ordinance (except those to be brought before
the applicable Borough Council pursuant to the Pennsylvania Municipalities
Code), procedural questions or alleged defects in the process of enactment
or adoption of a land use ordinance; or from the determination of
the applicable Zoning Officer, including, but not limited to, the
granting or denial of any permit, or failure to act on the application
therefore, the issuance of any cease and desist order or the registration
or refusal to register any nonconforming use, structure or lot; from
a determination by the applicable Borough Engineer or the applicable
Zoning Officer with reference to the administration of any floodplain
or flood hazard ordinance or such provisions within a land use ordinance;
from the determination of any officer or agency charged with the administration
of any transfers of development rights or performance density provisions
of this Ordinance; from the determination of the applicable Zoning
Officer or applicable 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
or planned residential development may be filed with the applicable
Zoning Hearing Board in writing by the landowner affected, any officer
or agency of the applicable Borough, or any person aggrieved. Requests
for a variance and for special exception may be filed with the applicable
Board by any landowner or any tenant with the permission of such landowner.
I.
Time Limitations.
(1)
No person shall be allowed to file any proceeding with the applicable
Zoning Hearing Board later than 30 days after an application for development,
preliminary or final, has been approved by the applicable Borough
if such proceeding is designed to secure reversal or to limit the
approval in any manner unless such person alleges and proves that
he has 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
an adverse decision on a tentative plan or from an adverse decision
by the applicable Zoning Officer on a challenge to the validity of
this Ordinance or an amendment hereto or map or an amendment thereto
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 landowner shall
be filed by the landowner within 30 days after notice of the determination
is issued.
J.
Stay of Proceedings.
(1)
Upon filing of any appeal proceeding before the applicable Zoning
Hearing Board and during its pendency before the applicable Board,
all land development pursuant to any challenged ordinance, order or
approval of the applicable Zoning Officer or of any agency or body,
and all official action thereunder, shall be stayed unless the applicable
Zoning Officer or any other appropriate agency or body certifies to
the applicable Board facts indicating that such stay would cause imminent
peril to life or lot, in which case the development or official action
shall not be stayed otherwise than by a restraining order, which may
be granted by the applicable Board or by the court having jurisdiction
of zoning appeals, on petition, after notice to the applicable 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 applicable
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
applicable 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.
K.
Accommodations under the Fair Housing Amendments Act and/or the Americans
with Disabilities Act.
(1)
The applicable Board shall hear and determine appeals from decisions
of the applicable Zoning Officer with respect to requests for reasonable
accommodation under the Fair Housing Amendments Act or the Americans
with Disabilities Act. In hearing such an appeal, the applicable Board
shall apply the criteria set for in this Ordinance. In granting a
request for reasonable accommodation, the applicable Board may attach
such reasonable safeguards and/or limitations as it may deem necessary
to properly implement this Ordinance and protect the public health,
safety and welfare in a manner consistent with the requirements of
the Fair Housing Amendments Act or the Americans with Disabilities
Act. In handling a request for reasonable accommodation, the applicable
Board shall be governed by the criteria set forth in this Ordinance
to the fullest extent as may be consistent with the Fair Housing Amendments
Act and the Americans with Disabilities Act.
[Ord. 738, 8/18/2009]
A.
The applicable Zoning Officer shall receive applications for building
permits and occupancy permits.
B.
The applicable Zoning Officer shall review such applications after
site visits before deciding to issue a permit or refer the proposal
to the Joint Planning Commission or applicable Zoning Hearing Board.
C.
The applicable Zoning Officer shall testify at meetings of each Borough's
Zoning Hearing Board on any contested decision he has made.
D.
The applicable Zoning Officer shall halt construction where it is
not proceeding in accordance with permit, or permit has expired, or
never existed.
E.
The applicable Zoning Officer shall visit approved construction in
progress to verify continued compliance with permit.
F.
The applicable Zoning Officer shall investigate alleged violations
of performance standards or other requirements of this Ordinance and,
if allegations are correct, demand compliance with this Ordinance.
G.
The applicable Zoning Officer shall interpret this Ordinance literally.
H.
The applicable Zoning Officer shall keep a current record of nonconforming
uses throughout all Boroughs.
I.
The applicable Zoning Officer may be delegated the job of preparing
advertisements for public hearings, preparing lists of lot owners
to be notified by mail of hearings and posting notices and reason
of hearings.
