It is the purpose of these regulations to prescribe
the procedures by which the administration of this chapter shall take
place. Nothing contained within this article shall be interpreted
as limiting the adoption of administrative regulations which do not
supersede required stated procedures.
A.
The duty of administering and enforcing the provisions
of this chapter is hereby conferred upon the Zoning Officer and Assistant
Zoning Officer, who shall have such powers as are conferred upon him
or her by this chapter in accordance with its literal terms. The Zoning
Officer and Assistant Zoning Officer shall not have the power to permit
any construction or any use or change of use which does not conform
to this chapter. Any references in this chapter to Zoning Officer
shall also include Assistant Zoning Officer as if fully set forth
therein.
[Amended 1-12-2023 by Ord. No. 2414, approved 1-12-2023]
B.
Duties. The duties of the Zoning Officer shall be
to:
(1)
Examine all applications for permits.
(2)
Issue permits only for construction and uses
which are in accordance with the regulations of this chapter and other
applicable ordinances, as may be subsequently amended.
(3)
Record and file all applications for permits
with the accompanying plans.
(4)
Issue permits for uses by special exception
only after such uses and buildings are approved by the Zoning Hearing
Board in accordance with the regulations of this chapter.
(5)
Receive all required fees and issue all necessary
stop orders.
(6)
Inspect nonconforming uses, buildings, lots
and signs; issue certificates to their owners; keep a filed record
of such nonconforming uses, lots, signs and buildings as a public
record; and examine them periodically when he or she so chooses.
(7)
Upon the request of the Planning Commission
or of the Zoning Hearing Board, present such body facts, records and
any similar information on specific requests to assist such body in
reaching its decision.
(8)
Be responsible for keeping up-to-date this Zoning
Ordinance and accompanying Zoning District Map.
(9)
Exercise all powers conferred upon the Zoning
Officer by state law.
Any appeal from a decision or action of the
Zoning Officer shall be made directly to the Zoning Hearing Board
or as otherwise provided by state law.
A.
Complaints regarding violations. Whenever a violation
of this chapter occurs, or is alleged to have occurred, any person
may file a written complaint. Such complaint stating fully the causes
and basis thereof shall be filed with the Zoning Officer.
B.
Enforcement notice. If it appears to the Zoning Officer,
as a consequence of a complaint under the preceding subsection or
for any other reason, that a violation of this chapter, or of a prior
zoning ordinance, has occurred, the Zoning Officer shall initiate
enforcement proceedings by sending an enforcement notice as provided
hereafter.
C.
Recipient of enforcement notice. 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, to any other person requested
in writing by the owner of record and to any other person or entity
deemed appropriate by the Zoning Officer.
D.
Contents of enforcement notice. An enforcement notice
shall state at least the following:
(1)
The name of the owner of record and any other
person against whom the municipality intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of the chapter.
(4)
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right
to appeal to the Zoning Hearing Board within seven days, for a hearing
and review of the Zoning Hearing Officer's determination of violation.
The appeal shall be filed upon actual receipt, within prescribed seven
day period, by the Borough of a notice of appeal, in writing, setting
forth the basis of the appeal and requesting a hearing before the
Zoning Hearing Board.
(6)
That 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.
E.
Causes of action. In case any building, structure,
landscaping or land is or is proposed to be erected, constructed,
reconstructed, altered, converted, maintained or used in violation
of this chapter, or prior zoning ordinance, the Borough Council or,
with the approval of the Borough Council, the Zoning Officer or any
aggrieved owner or tenant of real property who shows that his or her
property or person will be substantially affected by the alleged violation,
in addition to any 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 Borough at least 30 days prior to
the time the action is begun by serving a copy of the complaint on
the Borough Council. No such action may be maintained until such notice
has been given.
F.
Jurisdiction. District Justices shall have initial
jurisdiction over proceedings brought under the succeeding subsection.
G.
Enforcement remedies.
(1)
Any person, partnership or corporation who or
which has violated or permitted the violation of the provisions of
this chapter, or a prior zoning ordinance, or other prior ordinance
as such ordinance relates to planned residential developments, 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 chapter, or prior zoning ordinance or other prior ordinance
relating to planned residential developments 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 the chapter, or prior zoning ordinance
or other prior ordinance relating to planned residential developments
shall be paid over to the Borough.
(2)
The Court of Common Pleas of Cumberland County,
upon petition, may grant an order of stay, upon cause shown, telling
the per diem fine pending a final adjudication of the violation and
judgment.
(3)
Nothing contained in this subsection 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 subsection.
(4)
Imprisonment shall not be authorized under this
chapter.
A.
Requirements for zoning permits. A permit under this
chapter shall be required in conjunction with any required building
permit, special exception or variance or for any new use or change
of use prior to the erection, construction or alteration of any building,
structure or any portion thereof, prior to the moving of a building
into the Borough, from one place in the Borough to another, prior
to the change or extension of a nonconforming use (if permitted elsewhere
in this chapter) and prior to any initial use or change of use, and
shall be issued prior to or simultaneously with any other required
permits.
[Amended 3-10-2005 by Ord. No. 2031, approved 3-10-2005]
B.
Application for permits. Applications for permits
and variances shall be made in writing to the Zoning Officer on such
forms as may be furnished by the Borough. Such application shall include
building and plot plans of a satisfactory nature in duplicate and
shall contain all information necessary for such official to ascertain
whether the proposed erection, alteration, use or change in use complies
with the provisions of this chapter. No permit shall be considered
complete or permanently effective until the Zoning Officer has certified
that the work meets the requirements of applicable codes and ordinances.
C.
Applications to the Zoning Hearing Board. Every appeal
or application before the Zoning Hearing Board 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, if not the same
as above.
(3)
A brief description and location of the property
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 this 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.
D.
Issuance of permits.
(1)
No permit under this chapter shall be issued
except in conformity with the regulations of this chapter, except
after written order from the Zoning Hearing Board or the courts.
(2)
Permits for permitted by right uses not requiring
site plan review by the Planning Commission shall be granted or refused
within 30 days after date of application, provided that all needed
zoning variances have been received. In case of refusal, the applicant
shall be informed of his right to appeal to the Zoning Hearing Board.
(3)
No permit under this chapter shall be issued
for any building subject to the jurisdiction of the Pennsylvania Department
of Labor and Industry until the approval of said Department has been
granted and the permit number recorded on the permit application,
provided that this provision shall not apply where the Borough permit
is a prerequisite to that of the state.
E.
Expiration.
(1)
Permits. No permit under this chapter for the
erection, razing, change, alteration or removal of buildings shall
be valid or effective after six months from the date of issuance thereof
and shall thereafter be void, unless the work authorized by such permit
shall have been substantially commenced within six months from the
date of issuance and proceeded with, with due diligence. If, however,
the applicant has been delayed in proceeding with the work for which
the permit was granted by reason or any reasonable cause not due to
his or her own negligence, the permit may be renewed without additional
cost to the applicant.
(2)
Expiration of variances and special exceptions.
No variance or special exception shall be valid or effective unless
a permit under this chapter and a building permit shall be obtained
and issued within six months of the decision of the Zoning Hearing
Board or court granting the variance or special exception. If, however,
the applicant has been delayed in obtaining the permit under this
chapter and building permit for some reason beyond the applicant's
control, the Zoning Officer may extend the time for obtaining the
permit under this chapter and building permit beyond the six-month
period.
F.
Temporary permits. A temporary permit may be authorized
by the Zoning Hearing Board as a special exception for a nonconforming
structure or use which it deems beneficial to the public health or
general welfare or which it deems necessary to promote the proper
development of the community, provided that such nonconforming structure
or use shall be completely removed upon expiration of the permit without
cost to the Borough. Such a permit shall be issued for a specific
period of time not exceeding six calendar months and may be renewed
for an aggregate period of not more than two years.
A.
The Borough Council shall determine a schedule of
fees, charges and expenses as well as a collection procedure for special
permits, variances, amendments and other matters pertaining to this
chapter. Said schedule of fees shall be posted in the office of the
Zoning Officer.
B.
The Borough Council shall be empowered to reevaluate
the fee schedule and make necessary alterations to it. Such alterations
shall not be considered an amendment to this chapter and may be adopted
at any public meeting of the Borough Council by motion, resolution
or ordinance.
C.
The required fees for zoning district amendments may
vary according to advertising costs and shall be kept up-to-date by
the Borough Council and the Zoning Officer. All such fees shall be
paid into the Borough Treasury.
D.
Special exceptions and variances shall be issued only
after fees have been paid in full, and the Zoning Hearing Board shall
take no action on appeals until preliminary charges have been paid
in full.
E.
The appearance fee for a stenographer in the case
of a hearing before the Zoning Hearing Board shall be shared equally
by the applicant or appellant 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.
A.
Power to amend. The regulations, restrictions, boundaries
and requirements set forth in this chapter may, from time to time,
be amended, supplemented, changed or repealed through amendment by
the Borough Council.
B.
Submission of amendment request. Any request for amendment,
including supplement, change or repeal, except amendments proposed
by the Borough Council, the Borough staff or the Planning Commission,
shall contain as fully as possible all the information requested by
the Zoning Officer and shall be signed by at least one record owner
of the property in question whose signature shall be notarized, attesting
to the truth and correctness of all the facts and information presented
in the petition. A fee established by the Borough Council shall be
paid upon the filing of such petition for change and for the purpose
of defraying the costs of the proceedings prescribed herein. Any petition
for amendment shall include the following:
(1)
A statement of why the change would be in the
best interests of the Borough.
(2)
A statement of how the proposal will relate
to the Comprehensive Plan.
(3)
A statement addressing any adverse effects on
adjacent residences.
(4)
A statement addressing any major traffic access
or congestion concerns.
(5)
A map showing the proposed boundaries of any
proposed map changes and the existing and adjacent zoning and adjacent
land uses.
(6)
A sketch plan showing proposed uses and buildings
on land controlled by the applicant.
(7)
Traffic study.
(a)
The Planning Commission or Borough Council shall
require an applicant requesting a zoning amendment to fund a traffic
study projecting the impacts of the proposed zoning changes compared
to the existing zoning where the amendment would involve any of the
following:
(b)
A traffic study shall not be required by this
section where it would only involve a change from one type of commercial
district to another or one type of industrial district to another.
(c)
Such a study shall also consider the impact
of any additional access points that can be reasonably expected onto
an arterial street.
(d)
Such a traffic study shall meet the requirements
set forth below:
[1]
Costs. The full costs of completing the study
and of a review by the Borough Engineer or other Borough representative
shall be borne by the applicant.
[2]
Selection of engineer. The Borough Manager shall
provide a list of four or more persons or firms that are qualified
traffic engineers or traffic planners. The applicant shall select
one of the persons or firms from this list.
[3]
Study area. Prior to initiation of the traffic
study, the traffic engineer or planner shall meet with the Borough
Engineer to establish the area to be studied. This area shall be limited
to streets and intersections within a maximum of 1/4 mile of the proposed
project boundaries, except for a use projected to generate more than
3,000 trips per day which shall have a maximum study area of one mile
from the project boundaries.
[4]
Joint studies. Joint traffic studies between
different applicants are strongly encouraged. If a recent and relevant
study is available, that information may be used, if applicable, as
a basis for this required study.
[5]
Fees. In place of individual traffic studies,
the Borough Council may require that an applicant provide a fee in
lieu of a study. This fee shall only be used toward the costs of traffic
studies sponsored by the Borough. Any such fee shall be established
by resolution or ordinance of the Borough Council.
[6]
Project description. Any study shall include
a description of the proposed development, its proposed access and
the surrounding street system. If a development is proposed to occur
in stages, each stage shall be described and taken into account in
the study. If the applicant owns other lands within the study area,
reasonable assumptions shall be made about how that land can be expected
to be developed and shall be taken into account.
[7]
Existing traffic conditions. The traffic volumes
and service levels during the a.m. and p.m. peak hours shall be presented
for all streets and intersections in the study area that can reasonably
be expected to be significantly impacted. Traffic volumes shall be
based upon actual counts that occurred within the prior two years
and not upon state estimates. The locations of all accidents reportable
to the state police within the study area during a recent two-year
period shall be noted.
[8]
Expected traffic generation. The study shall
include an estimate of the number of trips expected to be generated
by the use and any future stages during the a.m. and p.m. peak hours.
Such estimates shall be based upon the latest published estimates
of the Institute of Transportation Engineers or its successor entity.
[9]
Projected effects. The study shall take into
account not only the use proposed by the applicant, but also other
uses and developments that have received building permits or preliminary
subdivision or land development approval from a municipality. The
study shall project a.m. and p.m. peak hour traffic volumes and levels
of service on impacted intersections and streets. If the traffic generation
by the development would be more than 30% greater during any hour
other than the a.m. or p.m. peak hours on adjacent streets, the study
shall analyze both the peak hours for the development and for adjacent
streets. The study shall project what directions the traffic generated
will head towards.
[10]
Levels of service. The study shall
use the description of the levels of service (A, B, C, D, E and F)
for streets and highways established by the United States Department
of Transportation.
[11]
Signal warrants. Heavily traveled
intersections at entrances to the development and other major unsignalized
intersections in the study area shall be studied to determine whether
a traffic signal is warranted by PennDOT criteria.
[12]
Needed improvements. The study
may take into account traffic improvements which are clearly funded
and will occur within the next two years. The study shall include
suggestions for how each congested or hazardous intersection in the
study area should be improved to reduce the hazard or congestion,
along with a rough estimate of the cost of that improvement.
[13]
Applicant's response. The applicant
shall respond to the traffic study with proposals on what traffic
improvements, right-of-way dedications or commitments of financing
for specific projects the applicant proposes to commit to resolve
the negative traffic impacts of the proposed development. Such improvements
or financing may be staged in relation to the stages of the development.
The applicant may also agree to commit towards the long-term support
of a program to reduce peak-hour traffic by private vehicles through
programs such as van pooling, support of mass transit or staggered
work hours, in place of certain structural improvements.
C.
Procedure for amendment. The following requirements
shall be observed in making any amendment to this chapter:
(1)
The Borough Council may, upon petition signed
by the owners of a majority of the properties according to frontage
in any district or portion thereof, and may, upon its own initiative
or upon the recommendation of the Planning Commission, prepare an
ordinance amending, supplementing or changing the district boundaries
or the regulations herein established.
(2)
Other than recommendations for amendments originating
with the Planning Commission, all proposed amendments, supplements
or changes or a proposal to repeal this chapter, or part thereof,
must be submitted to the Carlisle Planning Commission for its review
and recommendations prior to taking final action on such requests.
The Planning Commission shall consider whether or not the proposed
change or amendment would be, in the view of the Planning Commission,
consistent with and desirable in furtherance of the plan for future
land use.
(3)
No action to amend or change this chapter shall
become effective until after public hearing in relation thereto, at
which parties in interest and citizens shall have an opportunity to
be heard.
A.
Administration and procedures.
(1)
Creation of Board. A Zoning Hearing Board shall
be appointed by the Borough Council in the manner prescribed by law.
The existing Zoning Hearing Board shall continue as the Borough's
Zoning Hearing Board.
(2)
Membership, duties, procedures, organization
and power. The membership, duties, procedures, organization, powers,
etc., of the Zoning Hearing Board shall be as provided elsewhere in
this chapter and under the Pennsylvania Municipalities Planning Code.[1] The membership of the Zoning Hearing Board shall consist
of five members. The term of office of a member shall be five years,
and the term of one member shall expire each year. Future appointments
shall be for periods designed to accomplish this result.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
Special exceptions and variances within the Floodplain
Conservation District. No special exception, as provided for in this
chapter, or variance shall be granted within District FP-1 (Floodway)
if any increase in the one-hundred-year flood elevation would result.
No variance or special exception shall be valid
or effective unless a permit under this chapter and a building permit
shall be obtained and issued within six months of the decision of
the Zoning Hearing Board or court granting the variance or special
exception. If, however, the applicant has been delayed in obtaining
the permit under this chapter and a building permit for some reason
beyond the applicant's control, the Zoning Officer may extend the
time for obtaining the permit under this chapter and building permit
beyond the six-month period.
A.
The Board shall hear requests for variances filed
with the Board in writing by any landowner or any tenant with the
permission of such landowner, which allege that the provisions of
this chapter inflict unnecessary hardship upon the applicant.
B.
Grant of variances.
(1)
The Board may grant a variance only if the following
findings, where relevant, are made:
(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 the Zoning Ordinance, and 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.
(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 chapter.
A.
Creation of Planning Commission; incorporation of
Ordinance No. 1175, Section 1. Section 1 of Ordinance No. 1175[1] is incorporated herein and made a part herein, of the
existing Planning Commission to continue as the Borough Planning Commission:
"A Borough Planning Commission, to be composed of seven members, is
hereby created for the Borough of Carlisle. Such Commission shall
be appointed as prescribed by law and shall perform all the duties
and may exercise all the powers and functions vested by law in planning
agencies for Boroughs."
[1]
Editor's Note: Ordinance No. 1175 is on file
in the office of the Borough Secretary.
B.
Duties, procedures, organization, powers and effects
of Commission. The duties, procedures, organization, powers, effects,
etc., of the Carlisle Planning Commission shall be as provided elsewhere
in this or other ordinances and under the Pennsylvania Municipalities
Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
Notice of all hearings of the Board shall be
given as follows:
A.
Notice to the public shall be given in the form of
a notice published once each week for two consecutive weeks in a newspaper
of general circulation in the Borough. 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 30 days and the second publication shall not be less than
seven days from the date of the hearing.
B.
Notice of such hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing.
C.
Personal service.
(1)
Notice shall be given by personal delivery or
by regular first-class mail to the applicant and to any other persons
or group, including civic or community organizations, who have made
a written and timely request for such notice.
(2)
Notice should be given by personal delivery
or by regular first-class mail to the Zoning Officer, Planning Commission,
Borough Council and latest known owners of record of property within
200 feet radius of the lot lines of the subject property. The applicant
shall provide a list to the Zoning Officer of the names and addresses
of all property owners of record within 200 feet radius of the lot
lines of the subject property. The applicant shall confirm these names
and addresses with the records of the Cumberland County Assessment
Office.
D.
In any matter which relates to a property which lies
within 200 feet of the boundary of another municipality, except boundaries
separated by a nonintermittent river, the Secretary of the Board of
the Zoning Officer should transmit to the municipal clerk of this
other municipality a copy of the official notice of the public hearing
on such matters, prior to the hearing. The other municipality shall
have the right to appear and to be heard at the public hearing.
E.
The Borough Council may, by resolution, establish
a reasonable fee schedule based on cost, to be paid by the applicant
for any notice required by this chapter and by persons requesting
any notice not required by ordinance.
A.
Intent. Some uses warrant particular attention. A
site plan review is required for these uses to ensure compliance with
this chapter and to provide a review of items such as traffic access.
B.
Scope.
(1)
Before a permit under this chapter is issued
for any use designated in this chapter as requiring site plan review,
the procedures of this section shall be followed in order to more
effectively administer, enforce and implement the purposes, intent
and requirements of this chapter.
(2)
Any proposed development which constitutes a
"land development" as defined in the Subdivision and Land Development
Ordinance[1] shall not be required to follow the procedures of this
section but shall follow the procedures of the Subdivision and Land
Development Ordinance when that plan is submitted. Notwithstanding
the requirement for a subdivision and/ or land development plan above,
the Zoning Officer may require a site plan as part of any application
for a permit, special exception application, or conditional use appeal
when in his sole discretion, such information in a site plan is needed
by the Borough Council, Zoning Hearing Board or Zoning Officer to
render a decision on the application.
(3)
A site plan shall not be required for the routine
replacement of one use by a use of the same type and intensity within
an existing structure and without the addition of additional off-street
parking spaces. A site plan shall not be required for crop farming
nor orchards.
C.
When required. A site plan submittal shall be required
for every nonresidential principal use or principal building and for
every expansion greater than 20% in the total floor area of a principal
building, except as specifically exempted by this section. This specifically
includes every new or expanded industrial, office, retail, service
or place of worship principal building and for animal husbandry. Site
plans are also required for any townhouse or garden apartment principal
buildings.
D.
Procedure for permitted by right uses requiring site
plan review.
(1)
Application.
(a)
When the applicant applies to the Zoning Officer
for a permit under this chapter, the applicant shall submit three
complete sets of site plans.
(b)
Site plan approval shall neither relieve the
applicant from any other provisions of this chapter nor constitute
a recommendation for a variance or other relief that the applicant
may seek from the Zoning Hearing Board.
(2)
Review.
(a)
The Zoning Officer shall review the site plan
and issue or deny the permit under this chapter.
(b)
The decision of the Zoning Officer shall be
in writing and shall be communicated to the applicant personally or
mailed to him at his last-known address.
(c)
A decision to not grant a permit under this
chapter should indicate the specific provisions of this chapter and
other laws which have not been met and the specific reasons therefor,
if requested by the applicant.
E.
Site plan requirements. The following information
shall be included on the site plan, unless waived by the Zoning Officer
or the Borough Engineer as not applicable or necessary:
(1)
A statement describing the proposed use.
(2)
Layout. A site layout drawn to a scale of one
inch equals 50 feet, or another scale preapproved by the Borough Engineer
or Zoning Officer, showing the location, dimensions and area of each
lot; the location, dimensions and height of proposed buildings, structures
and yards; and any existing buildings in relation to property and
street lines.
(3)
Staging. If the application relates to property
which is scheduled to be developed in successive stages, such plans
show the relationship of the portion scheduled for initial development
to the proposed layout of the entire property.
(4)
Buffer yards. Any methods and materials to be
used for screening.
(5)
Landscaping. Description of the general numbers,
locations and types of landscaping to be provided in off-street parking
lots along streets and in other areas.
(6)
Use areas. The proposed functional use areas
within the development, distinguishing between types of uses proposed
with each functional area.
(7)
Parking. The location, size (numbers shown),
arrangement and capacity of all areas to be used for vehicle access,
off-street parking, off-street loading and unloading and provisions
to be made for lighting such areas.
(8)
Streets. The location, rights-of-way and cartway
widths of any proposed or abutting streets and designation of any
streets proposed to be dedicated to the Borough.
(9)
Lighting. The dimensions (numbers shown), location
and methods of illumination for signs and exterior lighting.
(10)
Sidewalks. The location and dimensions of sidewalks
and all other areas to be devoted to pedestrian use.
(11)
Utilities. Provisions to be made for treatment
and disposal of sewage and industrial wastes and water supply.
(12)
Dwellings. The arrangement of all buildings
used or intended to be used for dwelling purposes, including the proposed
density in terms of number of dwelling units per acre of land.
(13)
Nuisances. A description of any proposed industrial
or commercial operations in sufficient detail to indicate effects
of those operations in producing noise, glare, air pollution, smoke,
fumes, water pollution, fire hazards, hazards from use of highly toxic
or hazardous materials or chemicals or other safety hazards and to
allow a general determination of the amounts and timing of traffic
that can be expected.
(14)
Open space. For any common open spaces, the
function, proposed improvements and proposals for ownership, maintenance
and management of the land.
(16)
Drainage. All proposed site grading and drainage
provisions and proposals. Proposals for maintenance, ownership and
liability responsibilities for stormwater detention basins.
(17)
A key map showing the entire project and its
relation to surrounding properties and existing buildings thereon.
(18)
Zoning districts and requirements.
(19)
Soils, slopes and floodplain area delineations.
(20)
Name of the person who prepared the site plan.
(The Planning Commission or Borough Engineer may require the site
plan be prepared by a licensed professional engineer or land surveyor
or registered landscape architect.)
(21)
Certification of ownership or other form of
control of the land by the applicant and acknowledgment of plan signed
by owner or developer.
(23)
Such other data or information as the Zoning
Hearing Board, the Planning Commission or the Borough Council may
reasonably be required to allow a complete evaluation of how the development
will comply with state law and Borough ordinances, how the use would
relate to nearby uses and whether the use would present any threat
to the public health and safety.
(24)
Truck traffic. The applicant shall estimate
the amount of tractor-trailer traffic that will be generated.
A.
The Borough Council may grant or deny applications
for conditional uses pursuant to the standards and criteria set forth
in this chapter and shall conduct a public hearing on the application
after the required notice is giver. In granting a conditional use,
the Borough Council may attach such reasonable conditions and safeguards
as it may deem necessary to implement the purposes of this chapter.
B.
Notice required. Prior to conducting a public hearing,
the following notices shall be provided:
(1)
Public notice, as the same is defined by this
chapter, shall be given.
(2)
Written notice of such hearing shall be given
by personal delivery or by regular first-class mall to the applicant,
the Zoning Officer, any person who has made timely request for the
same and all last-known owners of record of property within a radius
of 200 feet from the lot lines of the subject property. The applicant
shall provide a list to the Zoning Officer of the names and addresses
of all property owners of record within a radius of 200 feet from
the lot lines of the subject property. The applicant shall confirm
these names and addresses with the records of the Cumberland County
Assessment Office.
(3)
Written notice of said hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing.
C.
The Borough Council shall keep a stenographic record
of the proceedings. The appearance fee for a stenographer shall be
shared equally by the applicant and the Borough. The cost of the original
transcript shall be paid by the Borough if the transcript is ordered
by the Borough or shall be paid by the person appealing from the decision
of the Borough Council 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 all other cases the party requesting the original
transcript shall bear the cost thereof.
D.
The Borough Council shall render a written decision
within 45 days after the last hearing before the Borough Council and
shall notify the applicant of its decision by way of first-class mail
delivered to the applicant at his/her last-known address. The time
period set forth herein may be waived in writing or on the record
by the applicant. Where the application is contested or denied, each
decision shall be accompanied by findings of fact and conclusions
based thereon, together with the reasons therefor.
E.
The Borough Council may prescribe reasonable fees
with respect to conditional use hearings. Fees for said hearings may
include compensation for the Secretary, notice and advertising costs
and necessary administrative overhead connected with the hearings.
