Borough of Indiana, PA Administration

A site plan drawn to scale showing the location of the proposed new construction on the property relative to property boundaries and abutting street with distances indicated; the location of driveway entrances, signs, and off-street parking areas noting the arrangement and number of spaces; method of collecting and draining stormwater runoff, and any grading contemplated;

A statement describing the proposed use of the new construction and the length, width, and height of its components, as well as the number of dwellings and/or commercial units to be included;

Evidence of compliance with the Indiana Borough Building Code and State Department of Labor and Industry if appropriate;

Highway occupancy permit, if access to property is from a state highway, as well as method of maintaining flow line along edge of road to which property has access where driveway will intersect road; and

Such additional information as the Zoning Officer may require to secure conformance with other Borough ordinances; and/or to alert the applicant to regulations of state or federal agencies that may impact his project.

If the application is satisfactory, the Zoning Office shall inspect the premises where the construction is proposed to occur. It shall be the responsibility of the property owner to locate proposed edges of construction and adjacent property lines.

[Amended 2-2-2016 by Ord. No. 2016-03]

The Zoning Office may from time to time visit the property whereon the approved construction is taking place in order to assure himself that the work is proceeding in accordance with the Zoning permit. The Zoning Office shall not be denied access to the property during normal working hours in order to inspect the construction in progress, and may order the work corrected to conform to the permit or halted pending appeal to the Zoning Hearing Board.

[Amended 2-2-2016 by Ord. No. 2016-03]

If an applicant wishes to amend the use, arrangement or construction of his building from that shown on the permit after the permit is approved, he shall file with the Zoning Office an application for an amended zoning permit.

[Amended 2-2-2016 by Ord. No. 2016-03]

Zoning permits shall have a life of six months from the date of issue. A permit may be renewed indefinitely every six months thereafter at no charge to the applicant until the permitted work is complete. No work shall be done after a permit has become void and before a replacement permit has been issued.

A demolition permit shall be required for the removal of any building or part of any building on a permanent foundation. The application shall secure a bond acceptable to the Borough to guarantee that the excavation is backfilled, debris removed, and that sanitary sewers are blocked and inspected, all within 60 days of the demolition permit's date of issue.

The Zoning Office shall keep records of all applications, either approved or disapproved, including one copy of each permit issued, and shall maintain a journal of his activities.

[Amended 2-2-2016 by Ord. No. 2016-03]

§ 460-56 Enforcement; violations and penalties.

If the Zoning Officer finds any provisions of this chapter are being violated, such as the operation of an illegal use or the locating of a structure illegally on a lot, he shall notify the owner of record of the property upon which the alleged violation is occurring by mail or hand-delivered notice, with a copy to the Borough Secretary and to others requested by the property owner.

The enforcement notice shall state:

The owner's name and that of any other person against whom the Borough intends to take action;

The location of the property in violation;

The specific violation with a description of the requirements that have not been met, citing applicable provisions of this chapter;

The dates before which the steps for compliance must be commenced and completed;

A statement that the recipient may appeal the notice to the Zoning Hearing Board within 30 days of the notice's date; and

A statement that failure to comply with the notice constitutes a violation subject to § 460-56D of this chapter.

At the end of the period within which the violation is to be corrected, the Zoning Officer shall inspect the property to determine if the violation has been removed. If the violation has not been corrected and the owner has not appealed to the Zoning Hearing Board to reverse the Zoning Officer's decision, modify it, or grant a time extension, the Zoning Officer shall take the owner before the Magisterial District Judge, who, if he finds the owner guilty, shall assess penalties and/or order appropriate action in accord with Subsection D below.

Continuation of a violation beyond the period within which it is to be corrected, without an appeal having been filed, shall constitute a civil offense. While an appeal is in process, development shall not continue on the contested portion of the project. 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 reasonable attorneys' fees incurred by the Borough as a result thereof. No judgment shall be imposed or payable until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation. The Magisterial District Judge shall determine on which day the violation actually commenced. All judgments, costs and reasonable attorneys' fees collected for a violation shall be paid over to the Borough.

The owner or tenant of any structure, premises or part thereof and any architect, engineer, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation may each be found guilty of a separate offense and suffer the penalties herein provided.

Nothing herein contained shall prevent the Borough from taking such other lawful action as is necessary to prevent or remedy any violation or to bring action to enjoin any violation of this chapter.

The Zoning Official or the designated staff member shall notify the new owner at the time of transfer, in writing, advising the new owner of the number of legal occupants. Such notification should meet all the requirements of this chapter to notify the owner of the number of legal occupants for the property.

[Added 5-3-2005 by Ord. No. 2005-02; amended 2-2-2016 by Ord. No. 2016-03]

§ 460-57 Amendments.

An amendment of this chapter may be initiated by the Planning Commission, by the Borough Council or by petition presented to the Planning Commission by a property owner or owners, or by a person or corporation who or which has an option to purchase property in the Borough. The proposed amendment or petition shall be written as proposed to be adopted. Revisions to the Zoning Map shall be specified, in writing, citing particular boundaries. Spot zoning shall be prohibited unless backed by a Planning Commission report on the future land use of the neighborhood within which the proposed zoning is located, supporting the amendment.

The Planning Commission shall review an amendment petition or a proposal by Borough Council and prepare recommendations to Council not later than the Commission's second regular meeting after receiving the proposal. The Commission may recommend approval of the proposal as presented, approval with specific changes, or rejection. If the proposal is made by Borough Council, Council shall allow the Commission at least 30 days to review and comment on the proposal before taking action.

[Amended 10-5-1999 by Ord. No. 1999-06]

In order for an amendment to the text of this chapter of the Borough of Indiana to be considered by the Planning Commission, a petition containing a minimum of 40 signatures must be presented for the Planning Commission to consider such a change.

In order for an amendment to the Tax Map for the boundaries of a zoned area to be considered for rezoning by the Planning Commission of the Borough of Indiana, a petition containing the signatures of the owners of a minimum of 60% of the lot front footage of those property owners within the area proposed for the rezoning must be presented to the Planning Commission to consider such a change.

Borough Council, if it finds the amendment proposal has merit, shall call and hold a public hearing after reviewing the Commission's recommendations. In addition, the Board shall send the proposal to the Indiana County Planning Commission for review and comment at least 30 days before the hearing.

Borough Council shall advertise for its hearing twice in a newspaper of general local circulation, once in each of two consecutive weeks, the first notice not more than 30 days and the second notice not less than seven days before the hearing. The notice shall contain the full text of the amendment or a summary, reference to a place and times where and when the amendment may be examined free of charge before the hearing, and the date, time, place, and purpose of the hearing.

In addition, where a change of zoning district boundary is sought, the property or group of properties affected shall be posted in at least one conspicuous location not less than seven days before the hearing with the same information as in the hearing advertisement, owners of property within, abutting, or directly across a street from the boundaries of an area proposed for a change of zoning classification shall be informed by hand delivered notice or by mail at least 14 days before the hearing with the same information. The applicant shall receive his/her notice by certified mail.

Borough Council shall hold the hearing, keeping a written or sound record of the testimony, and shall make a decision by majority vote to adopt or reject the amendment within 90 days after the vote. Council shall submit a copy of the adopted ordinance to the County Planning Commission, indicating the date of adoption and the numerical vote favoring adoption.

At least seven days but not more than 60 days before adoption of an amendment, Council shall advertise once in a newspaper of general local circulation a notice of its intention to adopt the amendment. The notice shall include the date, time and place of the meeting at which adoption will be considered, and reference to a place in the Borough, and times and dates where and when the amendment may be examined prior to adoption. The notice shall either contain the full text of the amendment or a brief summary prepared by the Borough Solicitor. If the full text is not used, a copy of the full text shall be provided to the newspaper running the notice, and an attested copy of the full text shall be filed in the County Law Library.

If an amendment is substantially revised before the vote to adopt, Borough Council shall, at least 10 days prior to adoption re-advertise, noting a brief summary of the amendment and specifying the final changes proposed. Appeal from a decision by Council on an amendment proposal shall be to the Indiana County Court of Common Pleas.

[Amended 2-2-2016 by Ord. No. 2016-03]

Curative amendment.

An owner of land in the Borough who wishes to challenge on substantive grounds the validity of any part of this chapter or map which prohibits or restricts the use or development of his/her land may submit a curative amendment to Borough Council with a written request that the challenge and proposed amendment be heard and decided.

Council shall commence the hearing after public notice within 60 days of receiving the request. The hearing shall be conducted in accordance with § 460-52 of this chapter but the words "Borough Council" shall be substituted for "Zoning Hearing Board." Council, at least 30 days before the hearing, shall refer the amendment proposal to both the Borough and County Planning Commissions for recommendations.

Council may accept a landowner curative amendment with or without revision, or may adopt an alternate amendment to cure the challenge. In making its decision, the Board shall consider the factors contained in § 460-50D(4). Within 45 days after the conclusion of the hearing, Council shall render its decision and immediately notify the landowner.

The curative amendment will be deemed to have been denied if Council fails to commence the hearing within 60 days, notifies the landowner it will not adopt the amendment, adopts an amendment unacceptable to the landowner, or fails to act on the request within 45 days after the end of the hearing.

If the curative amendment is accepted, the landowner shall file for a building permit based on such acceptance within one year of the decision, or if land development or subdivision plans are required a two-year lapse shall be permitted. In either case, during these periods, no amendment to this chapter or any land development ordinance shall be applied to adversely affect the owner's rights as granted by the curative amendment.

If Borough Council determines that this chapter or any specific part, including the map or a part thereof, is substantially invalid, Council shall so declare, and propose to prepare amendments to cure the invalidities.

(7)

Within 30 days after the declaration, Council shall by resolution make findings specifying the invalidities which it proposes to cure, referring to uses which are not permitted or not permitted in sufficient quantity, classes of uses which require revision, or to the entire ordinance.

(8)

Within 180 days of the declaration, Council shall enact a curative amendment to cure the invalidity or reaffirm the ordinance as it stood prior to the declaration.

(9)

From the date of the declaration; neither Council nor the Zoning Hearing Board shall be required to receive curative amendments or substantive challenges until either the amendment under consideration has been adopted or the ordinance has been reaffirmed. Council shall not declare a second municipal curative amendment until at least three years after disposing of a previous amendment, unless changes in the State Planning Code or a court decision in the interim require amendment of the ordinance.

§ 460-58 Schedule of fees.

Borough Council shall establish, by resolution, a schedule of fees to cover the cost of permits, special exception approvals, petitions to amend this chapter, or any action brought before the Zoning Hearing Board.

The current fee schedule shall be available at the Borough office and may be amended only by official resolution of Council.

No permit shall be issued nor any action taken on proceedings before Council or the Zoning Hearing Board until the appropriate fees have been paid in full.

§ 460-59 Enactment.

This chapter is required for the immediate protection of the public health, safety, and welfare and shall be effective upon its passage and signing by the President of Borough Council and the Borough Secretary.

This chapter has been duly presented after public hearings and adopted at a regular meeting of the Borough Council of Indiana Borough, Indiana County, Pennsylvania, Pennsylvania, held on the third day of March 1998.

§ 460-60 Conditional uses.

[Added 5-3-2005 by Ord. No. 2005-04]

Filing of conditional use. For any use permitted by conditional use, a conditional use must be obtained from the Borough Council. In addition to the information required on the zoning permit application, the conditional use application must show:

Ground floor plans and elevations of proposed structures;

Names and addresses of adjoining property owners, including properties directly across a public right-of-way;

A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter; and

A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.

General criteria. Each applicant must demonstrate compliance with the following:

The proposed use shall be consistent with the purpose and intent of this chapter;

The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties;

The proposed use will not effect a change in the character of the subject property's neighborhood;

Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water, and other utilities, vehicular access, etc.);

The proposed use must comply with all applicable regulations of this chapter; and

The proposed use will not substantially impair the integrity of the Borough's Comprehensive Plan.

Conditions. Borough Council, in approving conditional use applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Office, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this chapter.

[Amended 2-2-2016 by Ord. No. 2016-03]

Site plan approval. Any site plan presented in support of the conditional use pursuant to Subsection A shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a building permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval.

Hearing procedures.

Before voting on the approval of a conditional use, Borough Council shall hold a public hearing thereon pursuant to public notice. Borough Council shall submit each such application to the Borough Planning Commission at least 30 days prior to the hearing on such application, to provide the Borough Planning Commission an opportunity to submit recommendations. If after any public hearing held upon an application, the proposed application is revised, Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the application.

Public notice, as defined herein, 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 an ordinance provision, by rules of Borough Council. In addition to the written notice provide herein, public notice shall also include the posting of a sign at conspicuous locations along the perimeter of the subject property deemed sufficient by the Borough to notify potentially interested citizens. This sign(s) shall be posted at least one week prior to the hearing and will include the nature, date, time, and location of the hearing.

Borough Council may prescribe reasonable fees with respect to hearings. Fees for said hearings may include compensation for the Secretary, notice, and advertising costs, and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses, expenses for engineering, architectural, or other technical consultants, or expert witness costs.

The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Borough Council, and any other person, including civic or community organizations permitted to appear by the Borough Council. The Borough Council shall have power to require that all persons who wish to be considered parties enter appearances, in writing, on forms provided by the Borough Council for that purpose.

The President of Borough Council 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.

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.

(7)

Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

(8)

Borough Council may keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and Borough Council. The cost of the original transcript shall be paid by Borough Council, if the transcript is ordered by Borough Council; or shall be paid by the person appealing the decision of 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 other cases, the party requesting the original transcript shall bear the cost thereof.

(9)

Borough Council shall not communicate, directly or indirectly, with any party or his representative 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 hearing with any party or his representative, unless all parties are given an opportunity to be present.

Time limitation.

If a conditional use is granted, the necessary permit shall be secured, and the authorized action begun within two years after the date when the conditional use is finally granted, and the building or alteration, as the case may be, shall be completed within three years of that date. For good cause, Borough Council may at any time, upon application in writing, extend either of these deadlines.

Should the appellant or applicant fail to obtain the necessary permits within the two-year period, or having obtained the permit, should he fail to commence work thereunder within such two-year period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his application, and all approvals and permits granted to him shall be deemed automatically rescinded by Borough Council.

Should the appellant commence construction or alteration within the two-year period, but should he fail to complete such construction or alteration within the three-year period, Borough Council may, upon 10 days' notice, in writing, rescind or revoke the granted conditional use, if Borough Council finds that no good cause appears for the failure to complete within such three-year period, and if Borough Council further finds that conditions have altered or changed in the interval since the granting of the conditional use that revocation or rescission of the action is justified.