This chapter shall apply throughout the Borough of Catasauqua. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See §
280-3A.
This chapter is hereby adopted in accordance with the following purposes, which shall serve as community development objectives, in addition the purposes provided for each district in §
280-20:
A. The requirements and purposes of the Pennsylvania
Municipalities Planning Code, as amended, including but not limited
to Sections 604 and 605, or their successor section(s);
B. The goals and objectives of the Catasauqua Comprehensive
Plan; and
C. The following additional objectives:
(1) Support the goals established in the Comprehensive
Plan for Lehigh-Northampton Counties.
(2) Promote innovative residential design that encourages
the creation of a sense of community for undeveloped parcels.
(3) Provide diverse housing opportunities, including housing
that is affordable.
(4) Encourage adaptive reuse and infill development.
(5) Protect sensitive and important natural features from
indiscriminate development.
(6) Stimulate economic development and revitalization
by attracting commercial uses (such as retail, service and specialty
stores) to appropriate areas.
(7) Provide opportunities for home occupations of limited
intensity.
(8) Promote the preservation of historic resources.
(9) Coordinate future land and roadway functions to maximize
safe and efficient use of major roads.
(10)
Coordinate road improvements with planned roadway
functions, design standards and planned land uses.
(11)
Assure that future development provides for
access designs and planned locations that minimize traffic congestion
and safety problems. Encourage needed improvements to be completed
by developers.
(12)
Promote alternative means of transportation,
such as pedestrian movement, bicycles, public transit and carpooling.
(13)
Seek to minimize the need for zoning variances
for routine improvements.
All of the enforcement, violations and penalty
provisions of the State Municipalities Planning Code, as amended,
are hereby incorporated into this chapter by reference. (Note: As
of the adoption date of this chapter, these provisions were primarily
in Sections 616.1, 617 and 617.2 of such Act.)
A. Violations. Any person who shall commit or who shall
permit any of the following actions violates this chapter:
(1) Failure to secure a zoning permit prior to a change
in use of land or structure, or the erection, construction or alteration
of any structure or portion thereof, or the excavation of land to
prepare for the erection, construction or alteration of any structure
or portion thereof.
(2) Placement of false statements on or omitting relevant
information from an application for a zoning permit.
(3) Undertaking any action in a manner which does not
comply with a zoning permit.
(4) Violation of any condition imposed by a decision of
the Zoning Hearing Board in granting a variance or special exception
or other approval.
(5) Violation of any condition imposed by a decision of
the Borough Council in granting a conditional use.
B. Causes of action; enforcement; remedies.
(1) Enforcement. If it appears to the Borough that a violation
of this chapter has occurred, the Borough shall initiate enforcement
proceedings by sending an enforcement notice. Prior to sending an
official enforcement notice, the Zoning Officer may at his/her option
informally request compliance.
(2) 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, and to any other person
requested in writing by the owner of record. An enforcement notice
shall state the following, at a minimum:
(a)
The name of the owner of record and any other
person against whom the municipality 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)
That 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 this chapter.
(f)
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.
(3) Evidence; fees. In any appeal of an enforcement notice
to the Zoning Hearing Board, the Borough shall have the responsibility
of presenting its evidence first. 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.
(4) Causes of action. If the enforcement notice is not
complied with, within the specified time period, the Zoning Officer
shall notify Borough Council. With the consent of Borough Council,
the Zoning Officer, Borough Solicitor or other officer of the Borough
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. (Note: Section 617 of the Pennsylvania
Municipalities Planning Code also addresses actions by other parties.)
(5) Violations and penalties. Any person, partnership
or corporation who or which has violated or permitted the violation
of the provisions of this chapter 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 the
reasonable attorney's fees incurred by the Borough as a result thereof.
No judgment shall commence or be imposed, levied or be 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 a 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 this chapter
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's fees collected for the violation of this chapter shall
be paid over to the Borough. Imprisonment shall not be authorized
by this chapter. Any person found guilty of violating an ordinance
shall be assessed court costs and reasonable attorneys’ fees
incurred by the Borough in the enforcement proceedings.
[Amended 4-1-2013 by Ord. No. 1288]
A Borough fee schedule for permits and applications
may be established and amended by written resolution of Borough Council. No application or appeal shall be considered filed until
all fees are paid.
Within the requirements of the State Municipalities
Planning Code, Borough Council may amend, or repeal any or all portions
of this chapter:
B. After agreeing to hear a written request of any person,
entity, landowner or the Planning Commission.
A landowner or Borough Council may utilize the
"curative amendment" provisions of the State Municipalities Planning
Code. (Note: As of the adoption date of this chapter, these provisions
were in Sections 609.1, 609.2 and 916.1 of such Act.)
The following requirements shall apply to procedures,
hearings and decisions of the Zoning Hearing Board:
A. Notice of hearings. Notice of all hearings of the
Board shall be given as follows:
(1) Ad. Public notice shall be published, as defined by
Section 107 of the State Municipalities Planning Code. The notice shall state the time and place of the hearing
and the particular nature of the matter to be considered.
(2) Posting. Notice of such hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing. The Borough staff shall post the property. It is the responsibility
of the applicant to make sure that such notice remains posted until
the hearing.
(3) Persons given notice. The Borough shall provide written
notice to the applicant of the time and place of the hearing. The
Borough should also provide notice to the President of Borough Council.
In addition, the Borough should provide notice to the last known principal
owner of record of each property that is immediately adjacent to or
immediately across a street from the subject property; however, failure
to provide such notice shall not be grounds for an appeal. Also, such
notice shall be given to any other person or group (including civic
or community organizations) who has made a written timely request
for such notice. Any such notices should be mailed or delivered to
the last known address.
B. Initiation of hearings. A hearing required under this
chapter shall be initiated within 60 days of the date of an applicant's
request for a hearing, unless the applicant has agreed in writing
to an extension of time.
C. Decision/findings.
(1) The Board shall comply with the time period established
in Section 908(1.2) of the Municipalities Planning Code, as amended, for the scheduling of hearings.
(2) The Board shall render a written decision on each
application within 45 days after the last hearing on that application
before the Board, unless the applicant has agreed in writing to an
extension of time.
(3) Where the application is contested or denied, the
decision shall be accompanied by findings of fact and conclusions
based thereon, together with the reasons for such conclusions.
(4) References shall be provided to the most pertinent
section(s) of this chapter and/or the State Municipalities Planning
Code.
D. Notice of decision. A copy of the final decision shall
be personally delivered or mailed to the applicant or his/her representative
or their last known address not later than the time limit established
by the State Municipalities Planning Code, as amended. [Note: As of
the adoption date of this chapter, such provisions were within Sections
908(9) and 908(10) of such Act, including provisions regarding notice
to other parties.]
E. State law. See also Section 908 of the Pennsylvania
Municipalities Planning Code.
The provisions for appeals to court that are
stated in the State Municipalities Planning Code, as amended, shall
apply. (Note: As of the adoption date of this chapter, these provisions
were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A
of such Act.)
See the provisions of the State Municipalities
Planning Code, as amended. (Note: As of the adoption date of this
chapter, such provisions were within Section 619 of such Act.)
The minimum lot area, minimum lot width and
minimum street frontage requirements of this chapter shall not apply
to uses or structures owned by Catasauqua Borough or by a municipal
authority created solely by Catasauqua Borough for uses and structures
that are intended for a valid public purpose.