This is a new ordinance:
A.
Dividing Bonneauville Borough, Adams County, Pennsylvania
into districts with varying regulations;
B.
Permitting, prohibiting, regulating and determining
the uses of land, watercourses and other bodies of water, the size,
height, bulk, location, erection, construction, repair, expansion,
razing, removal and use of structures, the areas and dimensions of
land and bodies of water to be occupied by uses and structures, as
well as yards and other open areas to be left unoccupied;
C.
Establishing the maximum density and intensity of
uses;
D.
Providing for the administration and enforcement of
this chapter in accordance with the Pennsylvania Municipalities Planning
Code, including provisions for special exceptions and variances to
be administered by a Zoning Hearing Board;
E.
Establishing provisions for the protection of certain
natural features.
This chapter shall be known and be cited as
the "Bonneauville Borough Zoning Ordinance" of 2007.
It is hereby declared to be the legislative
intent that if a court of competent jurisdiction declares any provisions
of this chapter to be invalid or ineffective in whole or in part,
the effect of such decision shall be limited to those provisions which
are expressly stated in the decision to be invalid or ineffective,
and all other provisions of this chapter shall continue to be separately
and fully effective. The Borough Council hereby declares that it would
have passed this chapter and each section or part thereof, other than
any part declared invalid, if it had advance knowledge that any part
would be declared invalid. If the entire Zoning Ordinance should be
declared invalid, then the Bonneauville Borough Zoning Ordinance that
was in effect immediately prior to the enactment of this new Zoning
Ordinance shall automatically be reinstated as the Zoning Ordinance
for Bonneauville Borough.
Allegations that this chapter or any amendment
was enacted in a procedurally defective manner shall be appealed as
provided in state law and be filed not later than 30 days after the
intended effective date of the ordinance or amendment.
The preexisting Bonneauville Borough Zoning
Ordinance, as amended, is hereby repealed, in addition to the repeal
of any other Borough ordinances or resolutions or parts thereof that
were adopted prior to this chapter that are clearly in direct conflict
with this chapter.
Under the authority conferred by the Pennsylvania
Municipalities Planning Code, as amended, the Borough Council of Bonneauville
Borough hereby enacts and ordains into an ordinance the attached document
this date of April 17, 2007. This chapter shall become effective in
five calendar days.
This Zoning Chapter shall apply throughout Bonneauville Borough. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See § 255-9A.
This chapter is hereby adopted:
A.
In accordance with the requirements and purposes [including
Sections 604 and 605 or their successor section(s), which are included
by reference] of the Pennsylvania Municipalities Planning Code, as
amended.
B.
In accordance with goals and objectives of the Mount
Pleasant Township - Bonneauville Borough Comprehensive Plan, which
are hereby included by reference. That Joint Comprehensive Plan was
developed with assistance by the County Office of Planning and Development,
with a state grant, and is intended to coordinate land uses across
municipal borders, including allowing various land uses to be located
in the most logical municipality as opposed to being allowed in both
municipalities.
C.
To carry out the following major objectives:
(1)
To make sure that development carefully relates to
natural features, and to avoid overly intense development of environmentally
sensitive land;
(2)
To avoid overextending groundwater supplies, and to
encourage groundwater recharge, and to protect the quality of groundwater
and surface waters;
(3)
To promote traditional styles of development;
(4)
To promote compatibility between land uses;
(5)
To seek coordinated development and roads across municipal
borders;
(6)
To provide for a variety of residential densities
and meet legal obligations to provide opportunities for all housing
types;
(7)
To direct higher-density development to areas that
are physically suitable, accessible by major roads and that have the
potential of central water and sewage services;
(8)
To coordinate development with future central water
and sewage service areas;
(9)
To direct industrial development to locations that
will minimize conflicts with homes;
(10)
To direct commercial businesses to existing
commercial areas, while avoiding new strip commercial areas that would
cause traffic congestion and safety problems and conflicts with homes;
(11)
To promote new business development in appropriate
areas that will provide additional tax revenue and job opportunities;
and
(12)
To promote public health, safety and general
welfare.
A.
Applicability.
(1)
Any of the following activities or any other activity
regulated by this chapter shall only be carried out in conformity
with this chapter:
(2)
Zoning permit. A zoning permit indicates that a zoning
application complies with this chapter to the best knowledge of the
applicable Borough staff.
(a)
A zoning permit is required to be issued prior
to the start of any of the following activities:
[1]
Erection, construction, movement, placement,
relocation or expansion of a structure, building or sign;
[2]
Change of the type of use or expansion of the
use of a structure or area of land;
[3]
Creation of a new use;
[4]
Demolition of a building, or partial demolition
of the exterior of a building;
[6]
Excavation or grading in preparation for the
construction of a building or a change in use of a property; and/or
[7]
Construction or installation of any animal waste
impoundment, lake, pond, dam or other water retention basin.
(b)
The Borough may, at its option, issue combined
or separate building permits and zoning permits and/or may utilize
a single or separate applications for the permits.
(3)
Certificate of occupancy.
(a)
It shall be unlawful to use and/or occupy any
new principal building or establish any new or replacement principal
nonresidential use until a certificate of use and occupancy for such
building or use has been issued by the Borough staff. (NOTE: A certificate
of occupancy may also be required in additional situations under the
Construction Code, which is a separate ordinance.[1])
(b)
The Borough staff may permit the zoning permit
application to serve as the application for the certificate of use
and occupancy.
(c)
The certificate of occupancy shall only be issued
by the Zoning Officer if the Zoning Officer determines that the activity
complies with this chapter, to the best knowledge of the Zoning Officer.
The Borough may also withhold issuance of the certificate until there
is compliance with other Borough ordinances.
(d)
The applicant shall keep a copy of the certificate
of occupancy available for inspection.
(e)
Upon the request of an applicant, the Zoning
Officer may issue a temporary certificate of occupancy. Such temporary
certificate may permit an activity to occur in all or part of a structure
before the entire work covered by the permit has been completed.
[1]
However, such temporary certificate shall only
be issued if the applicant proves to the Zoning Officer that the activity
or occupancy can occur safely without endangering public health or
safety.
[2]
The temporary certificate shall establish in
writing a maximum time period under which it is valid. A six-month
maximum time period shall apply if not otherwise specified.
[3]
Failure to receive a permanent certificate of
use and occupancy within such time period shall be a violation of
this chapter.
[4]
The temporary certificate may be conditioned
upon compliance with certain specific requirements within certain
time periods.
B.
Repairs and maintenance. Ordinary repairs and maintenance
to existing structures that do not involve an expansion or change
of a use or structure shall not by itself be regulated by this chapter.
Examples of such work include replacement of a roof or porch that
does not involve enclosure of space. (However, a construction permit
under any Borough building code may be needed for such work.)
C.
Types of uses.
(1)
Permitted by right uses. The Zoning Officer shall
issue a permit under this chapter in response to an application for
a use that is "permitted by right" if it meets all of the requirements
of this chapter.
(2)
Special exception use or application requiring a variance.
A permit under this chapter for a use requiring a special exception
or variance shall be issued by the Zoning Officer only in response
to a written approval by the Zoning Hearing Board following a hearing.
D.
Applications.
(1)
Submittal. All applications for a zoning permit or
a decision by the Zoning Hearing Board shall be made in writing on
a form provided by the Borough. Such completed application, with required
fees, shall be submitted to a designated Borough staff person.
(2)
Site plan. The applicant shall submit a minimum of
two copies of a site plan with the application if the application
involves a new building, expansion of a building or addition of three
or more parking spaces. The site plan shall be drawn to scale and
show the following:
(a)
Locations, dimensions and uses of existing and
proposed structures, parking and loading areas, and locations of existing
and proposed uses of areas of land, with existing features clearly
distinguished from proposed features;
(b)
Notes showing the dimensions of all buildings
from lot lines and street rights-of-way;
(c)
Locations of any watercourses and any one-hundred-year
floodplain;
(d)
Proposed lot areas, lot widths and other applicable
dimensional requirements;
(e)
Locations and widths of existing and proposed
sidewalks;
(f)
A north arrow and scale; and
(3)
Additional information. Any application under this
chapter shall include the following information, unless the Zoning
Officer determines such information is unnecessary to determine compliance
with this chapter:
(a)
The address of the lot;
(b)
Name and address of the applicant, and of the
owner of the property if different from the applicant;
(c)
If the applicant is not the landowner of record,
information shall be presented with the application, such as an agreement
of sale or lease, to demonstrate that the applicant has the legal
right to make the application;
(d)
A current deed for the property;
(e)
A description of the existing and proposed use(s)
of the property, with the proposed use described in sufficient detail
for the Zoning Officer to determine compliance with this chapter;
(f)
All other applicable information listed on the
official Borough application form;
(g)
If the applicant is incorporated, the legal
names and day telephone numbers of officers of the organization/corporation;
(h)
Such additional information that the Zoning
Officer may determine is reasonably necessary to determine compliance
with this chapter; and
(i)
A listing of all conditional uses, special exception
approvals and/or variances which the applicant is requesting and/or
a description with a date of any such approvals that were previously
granted for this property that relate to this application.
(4)
Submittals to the Board. In addition to the information listed in Subsection D(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:
(a)
The present zoning district and major applicable
lot requirements;
(b)
For a nonresidential use:
[1]
A description of the proposed nonresidential
operations and storage in sufficient detail to indicate potential
nuisances and hazards regarding noise, large truck traffic, glare,
odors, dust, fire or toxic or explosive hazards or other significant
public health and safety hazards;
[2]
A list of the maximum hours of operation;
(c)
The existing directions of stormwater flow (and
any proposed revisions), and any proposed methods of stormwater management;
(d)
A listing of any sections of this chapter being
appealed, with the reasons for any appeal;
(e)
Approximate locations of principal buildings
and locations of streets and alleys and zoning district boundaries
within 100 feet of the boundaries of the tract, and description of
uses of adjoining properties (such as "drugstore" or "single-family
detached dwelling");
(f)
Heights, locations, methods of illumination
and intensity of exterior lighting and sign lighting;
(g)
Name and address of person who prepared the
site plan;
(h)
Signed acknowledgment of the application by
the applicant; and
(i)
Such additional information required under applicable
sections of this chapter.
E.
Issuance of permits.
(1)
At least one copy of each permit application and any
other zoning approval shall be retained in Borough files.
(2)
PennDOT permit. Where necessary for access onto a
state road, a Borough zoning or building permit shall be automatically
conditioned upon issuance of a PennDOT Highway Occupancy Permit.
F.
Revocation of permits; appeal of permit or approval.
(1)
Revocation. The Zoning Officer shall revoke, withhold
or suspend a permit or approval issued under the provisions of the
Zoning Ordinance in case of one or more of the following:
(a)
Any false statement or misrepresentation of
fact in the application or on the plans on which the permit or approval
was based (NOTE: The Pennsylvania Criminal Code provides for penalties
for providing false information to a municipal employee in the carrying
out of his/her duties.);
(b)
Upon violation of any condition lawfully imposed
by the Zoning Hearing Board upon a special exception use or variance;
(c)
Any work being accomplished or use of land or
structures in such a way that does not comply with this chapter or
an approved site plan or approved permit application; and/or
(d)
For any other just cause set forth in this chapter.
(2)
Appeals. A party with legitimate standing, or as otherwise
provided by state law, may appeal decisions under this chapter within
the provisions of the State Municipalities Planning Code. Any such
appeal shall occur within the time period established in the State
Municipalities Planning Code. (As of the adoption date of this chapter,
such provisions were in Sections 914.1 and 1002-A.[2])
[2]
Editor's Note: See 53 P.S. §§ 10914.1
and 11002-A.
G.
Zoning permit for temporary uses and structures.
(1)
A zoning permit for a temporary use or structure may
be issued by the Zoning Officer for any of the following:
(a)
A temporary permit may be issued for customary,
routine and accessory short-term special events, provided that:
[1]
Only a well-established nonprofit organization
or a permitted place of worship proposing a temporary use to clearly
primarily serve a charitable, public service or religious purpose
shall be eligible to receive approval for commercial-type activities
in a district where a commercial use would not otherwise be permitted;
[2]
Such total events shall be limited to a maximum
of 10 total days per calendar year; and
[3]
The applicant shall prove to the Zoning Officer
that sufficient parking and traffic control will be available for
the special event, without obstructing parking that is required to
serve other uses on the site.
(b)
A temporary permit may be issued for temporary
storage and office trailers that are necessary to serve on-site construction,
while such construction is actively underway under a valid Borough
permit.
(c)
In addition, Christmas tree sales shall be allowed
by right in all districts during the months of November and December.
(2)
Time period. The Zoning Officer shall state a reasonable
maximum time period on the temporary permit. If no time limit is stated,
then a seven-day maximum period shall apply. A temporary permit may
be renewed for just cause.
(3)
Temporary retail sales. Except as provided for in Subsection G(1)(a) above, and except for agricultural sales allowed by § 255-32, a lot shall only be used for temporary retail sales if all of the following conditions are met:
(a)
The property shall be located within a zoning
district that allows retail sales.
(b)
The operator shall have received any business
permits required by the Borough.
(c)
No off-street parking spaces shall be obstructed
that are required to serve permanent uses on the lot.
(d)
Any signs visible from a public street shall
comply with this chapter.
(e)
If food or beverages are sold that are not prepackaged,
the applicant shall prove compliance with state health regulations,
including having on-site facilities for workers to wash their hands.
(f)
Any structure shall meet applicable minimum
setbacks.
(g)
A permit under this chapter shall be required
from the Borough, which shall be displayed while the activity is open
for business.
(h)
The application may be rejected if the Zoning
Officer has reason to believe that the activity would obstruct safe
sight distances.
(i)
Applicable state highway occupancy permit requirements
shall be met.
H.
Compliance with Borough Subdivision and Land Development Ordinance. If a application under this chapter would also be regulated by the Borough Subdivision and Land Development Ordinance ("SALDO"), Chapter 220, then any permit or approval under this Zoning Ordinance shall automatically be conditioned upon compliance with the SALDO. See the definitions of "land development" and "subdivision" in Chapter 220, Subdivision and Land Development.
(1)
For example, if an applicant applies for a single-family
detached dwelling on a proposed new lot, the construction permit for
such dwelling shall not be valid until after the lot is granted final
subdivision approval and the lot is officially recorded by the County
Recorder of Deeds.
B.
After the permit under this chapter has been issued,
the applicant may undertake the action specified by the permit, in
compliance with other Borough ordinances. However, it is recommended
that applicants wait 30 days to begin construction if there is a possibility
of an appeal by another party to have the permit revoked. Any commencement
of construction or a use within this thirty-day appeal period shall
be at the risk of the applicant.
A.
Minimum requirements. Where more than one provision
of this chapter controls a particular matter, the provision that is
more restrictive upon uses and structures shall apply. The provisions
of this chapter are in addition to any other applicable Borough ordinance.
B.
Uses not specifically regulated. If a use clearly
is not permitted by right, as a conditional use, or as a special exception
use by this chapter within any Zoning District, the use is prohibited,
except that the Borough Council may permit such use as a conditional
use if the applicant specifically proves to the clear satisfaction
of the Borough Council that all of the following conditions would
be met:
(1)
The proposed use would be no more intensive with respect
to external impacts and nuisances than uses that are permitted in
the district;
(2)
The proposed use would be closely similar in impacts and character to uses permitted in that district, considering the standards in § 255-68F;
(4)
The use is not specifically prohibited in that district.
C.
Interpretation of ordinance text and boundaries.
(1)
The Zoning Officer shall literally apply the wording
of this chapter and the location of all district boundaries to particular
applications. In any case, the Zoning Officer may also request an
advisory opinion from the Borough Solicitor to aid in the Zoning Officer's
determination.
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.[1])
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 any of
the following: a change in use of land or structure, or the erection,
construction or alteration of any structure or portion thereof, or
the placement of a sign, or a change in the area of a use or the land
coverage or setback of a use, or the excavation or grading 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; or
(5)
Violation of any condition imposed by a decision of
the Borough Council in granting a conditional use or other approval;
or
(6)
Violation of any condition imposed by a decision of
a court of competent jurisdiction, where such court has granted zoning
approval with conditions.
B.
Enforcement notice. If the Borough has reason to believe
that a violation of a provision of the Zoning Ordinance has occurred,
the Borough shall initiate enforcement proceedings by sending an enforcement
notice as provided in Section 616.1 of the State Municipalities Planning
Code.[2] Prior to sending an official enforcement notice, the Zoning
Officer may at his/her option informally request compliance.
[2]
Editor's Note: See 53 P.S. § 10616.1.
C.
Time limits. An official enforcement notice shall
state the deadline to complete bringing the property into compliance
with this chapter, and shall state that the applicant has 30 days
from the receipt of the notice to appeal to the Zoning Hearing Board.
D.
Causes of action; enforcement remedies. The causes
of action and enforcement remedies provisions of the State Municipalities
Planning Code, as amended, are hereby incorporated by reference. (NOTE:
As of the adoption date of this chapter, such provisions were in Section
617 of such law.[3])
(1)
Violations and penalties. Any person who 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 Magisterial District Judge. 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 Magisterial District Judge determining that there has been
a violation further determines that there was a good faith basis for
the person 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 Magisterial District Judge,
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 for the general use of the Borough. Imprisonment is
not authorized under this chapter.
(2)
Remedies. In case any building, structure, sign or
landscaping is erected, constructed, reconstructed, altered, repaired,
converted or maintained; or any building, structure, sign or land
is used; or any hedge, shrub, tree or other growth is maintained in
violation of this chapter or of any of the regulations made pursuant
thereto or any of the permits or certificates of use and occupancy
issued under this chapter or any conditions imposed upon the grant
of a special exception or variance by the Zoning Hearing Board or
upon the grant of a conditional use, then, in addition to any other
remedies provided by law, any appropriate action or proceeding may
be instituted or taken to prevent or restrain such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use or to prevent any illegal act, conduct, business or use in
and about such premises.
[3]
Editor's Note: See 53 P.S. § 10617.
E.
Enforcement evidence. In any appeal of an enforcement
notice to the Zoning Hearing Board, the Borough shall have the responsibility
of presenting its evidence first.
[1]
Editor's Note: See 53 P.S. §§ 10616.1,
10617 and 10617.2, respectively.
A Borough fee schedule for permits and applications
may be established and amended by written resolution of the Borough
Council. No application or appeal shall be considered filed until
all fees are paid.
Within the requirements of the State Municipalities
Planning Code, the Borough Council may amend, or repeal any or all
portions of this chapter on:
The applicable provisions of the State Municipalities
Planning Code shall apply. (NOTE: As of the adoption date of this
chapter, these provisions were primarily in Sections 609.1, 609.2
and 916.1 of such Act.[1])
[1]
Editor's Note: See 53 P.S. §§ 10609.1,
10609.2 and 10916.1, respectively.
A.
Appointment. The Zoning Officer(s) shall be appointed
by the Borough Council. The Borough Council may designate other Borough
staff persons to serve as Assistant Zoning Officer(s). Assistant Zoning
Officers may serve with the same authority and duties as the Zoning
Officer. The Zoning Officer shall not hold any elective office within
the Borough, but may hold other appointed offices.
B.
Duties and powers. The Zoning Officer's duties and
powers shall include the following:
(1)
Administer the Zoning Ordinance in accordance with
its literal terms, including to receive and examine all applications
required under the terms of this chapter, and issue or refuse permits
within the provisions of this chapter;
(2)
Conduct inspections to determine compliance, and receive
complaints of violation of this chapter;
(3)
Keep records of applications, permits, certificates,
written decisions, and variances granted by the Zoning Hearing Board,
and of enforcement orders, with all such records being the property
of the Borough and being available for public inspection;
(4)
Review proposed subdivisions and land developments
for compliance with this chapter;
(5)
Take enforcement actions as provided by the State
Municipalities Planning Code, as amended;
(6)
Maintain available records concerning nonconformities,
provided that the Borough is not required to document every nonconformity;
and
(7)
Serve such other functions as are provided in this
chapter.
A.
Membership of Board. The Zoning Hearing Board shall
consist of three residents of the Borough appointed by the Borough
Council. The existing terms of office shall continue, with terms of
office being three years, and with the terms being so fixed that the
term of office of one member shall expire each year. Members of the
Board shall hold no other office in the Borough and shall not be employed
by the Borough in another capacity.
(1)
Alternate members. The Borough Council may appoint
alternate members of the Zoning Hearing Board within the applicable
provisions of the State Municipalities Planning Code. (NOTE: As of
the adoption date of this chapter, such provisions were in Section
903(b) of such Act.[1])
[1]
Editor's Note: See 53 P.S. § 10903(b).
(2)
Expenditures. Within the maximum amount of funds appropriated
by the Borough Council, the Zoning Hearing Board may employ or contract
for secretaries, legal counsel, and other technical and clerical services.
Members and alternate members may receive compensation, within limits
established by the Borough Council, for the performance of their duties.
B.
Vacancies. Appointments to fill vacancies shall be
only for the unexpired portion of a term.
D.
Zoning Hearing Board jurisdiction and functions. The
Zoning Hearing Board shall be responsible for the following:
(1)
Appeal of a decision by the Zoning Officer.
(2)
Challenge to the validity of the ordinance or map.
The applicable provisions of the State Municipalities Planning Code,
as amended, shall apply. (NOTE: As of the adoption date of this chapter,
these provisions were primarily in Sections 909.1 and 916 of such
Act.[3])
[3]
Editor's Note: See 53 P.S. §§ 10909.1
and 10916.
(3)
Variance.
(a)
The Board shall hear requests for variances
filed with the Borough staff in writing.
(b)
Standards. The Board may grant a variance only
within the limitations of state law. (NOTE: As of the adoption date
of this chapter, the Municipalities Planning Code provided that all
of the following findings must be made, where relevant:
[1]
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;
[2]
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;
[3]
Such unnecessary hardship has not been created
by the appellant;
[4]
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; and
[5]
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.)
(c)
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.
(4)
Special exception.
(a)
The Board shall hear and decide requests for all special exceptions filed with the Borough staff in writing. The Board shall only permit a special exception that is authorized by this Ordinance. See § 255-23.
(b)
Conditions. In granting a special exception,
the Zoning Hearing Board may attach such reasonable conditions and
safeguards, in addition to those expressed in the ordinance, as it
may deem necessary to implement the purposes and intent of this chapter.
(5)
Persons with disabilities. After the Zoning Officer
receives a complete written application, the Zoning Hearing Board
shall grant a special exception allowing modifications to specific
requirements of this chapter that the applicant proves to the satisfaction
of the Zoning Hearing Board are required under applicable Federal
law to provide a "reasonable accommodation" to serve persons who the
applicant proves have "disabilities" as defined in and protected by
such laws.
(a)
Such reasonable accommodations shall be requested
in accordance with the U.S. Fair Housing Act Amendments and/or the
Americans with Disabilities Act, as amended.
(b)
If the applicant is requesting a reasonable
accommodation under the United States Fair Housing Amendments Act
of 1988 or the Americans with Disabilities Act, the applicant shall
identify the disability which is protected by such statutes, the extent
of the modification of the provisions of this chapter necessary for
a reasonable accommodation, and the manner by which the reasonable
accommodation requested may be removed when such person(s) with a
protected disability no longer will be present on the property.
(c)
Any modification approved under this section
may be limited to the time period during which the persons with disabilities
occupy or utilize the premises.
G.
Time limits on permits and approvals.
(1)
After a variance is approved or other zoning approval
(such as special exception or conditional use approval) is officially
authorized, then any applicable zoning and building permits shall
be secured by the applicant within 12 months after the date of such
approval or authorization. The work authorized by zoning permits shall
then be completed within 12 months after the issuance of the permits.
(a)
However, if a variance is approved to address
a violation of this Zoning Ordinance, then the permit shall be acquired
and the work completed within six months after the variance is approved,
with no further time extension.
(2)
Extension. In response to an applicant stating good
cause in writing, the Zoning Officer may extend in writing the time
limit for completion of work to a maximum total of 24 months after
permits are issued.
(3)
If an applicant fails to obtain the necessary permits
or begin construction within the above time periods, or allows interruptions
in substantial construction of longer than 12 months, the Zoning Officer
shall conclusively presume that the applicant has waived, withdrawn
or abandoned approvals, variances and permits under this chapter and
all such approvals, variances and permits shall be deemed automatically
rescinded by the Borough.
H.
Multiple applications. No more than one application
for the same property shall be pending before the Zoning Hearing Board
for special exception approval at any time.
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:
(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 Chairperson of the Borough
Council and to the primary last known owner of each lot that is abutting
or immediately across the street from the subject lot. Failure to
provide such notice shall not be grounds for an appeal or delay. 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 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.
(2)
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.
(3)
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 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,[2] including provisions regarding notice to other parties.)
[2]
Editor's Note: See 53 P.S. § 10908(9)
and (10).
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.[1])
[1]
Editor's Note: See 53 P.S. §§ 11001-A,
11002-A, 11003-A, 11004-A, 11005-A, and 11006-A, respectively
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.[1])
[1]
Editor's Note: See 53 P.S. § 10619.
This Zoning Ordinance shall not apply to uses
or structures owned by Bonneauville Borough or by a municipal authority
created solely by Bonneauville Borough for uses and structures that
are intended for a public utility, stormwater, public recreation or
public health and safety purpose.
A.
Purpose. The special exception process is designed
to allow careful review of uses that have some potential of conflicts
with adjacent uses or areas.
B.
Special exception procedure.
(1)
A site plan shall be submitted which shall contain the information required in § 255-9D. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a special exception is approved.
(2)
The Zoning Officer should provide a review to the
Zoning Hearing Board regarding the compliance of the application with
this chapter.
(4)
The Borough staff should offer a special exception
application to the Borough Planning Commission for any advisory review
that the Commission may wish to provide. However, the Zoning Hearing
Board shall meet the time limits of state law for a decision, regardless
of whether the Borough Planning Commission has provided comments.
C.
Consideration of special exception applications. When
special exceptions are allowed by this chapter, the Zoning Hearing
Board shall hear and decide requests for such special exceptions in
accordance with standards established by this chapter, including the
following:
(1)
Compliance with this chapter. The applicant shall
establish by credible evidence that the application complies with
all applicable requirements of this chapter. The applicant shall provide
the Board with sufficient plans, studies or other data to demonstrate
this compliance.
(2)
Compliance with other laws. The approval may be conditioned
upon the applicant later showing proof of compliance with other specific
applicable Borough, state and federal laws, regulations and permits.
Required permits or other proof of compliance may be required to be
presented to the Borough prior to the issuance of any zoning permit,
building permit, certification of occupancy and/or recording of an
approved plan.
(3)
Traffic. The applicant shall establish that the traffic
from the proposed use will be accommodated in a safe and efficient
manner that will minimize hazards and congestion, after considering
any improvements proposed to be made by the applicant as a condition
on approval.
(4)
Site planning. The application shall include proper
site layout, internal circulation, parking, buffering, and all other
elements of proper design as specified in this chapter.
(5)
Neighborhood. The proposed use shall not substantially
change the character of any surrounding residential neighborhood,
after considering any proposed conditions upon approval such as limits
upon hours of operation.
(6)
Safety. The proposed use shall not create a significant
hazard to the public health and safety, such as fire, toxic or explosive
hazards.
(7)
Natural features. The proposed use shall be suitable
for the site, considering the disturbance of steep slopes, mature
woodland, wetlands, floodplains, springs and other important natural
features.
D.
Conditions. In granting a special exception, the Board
may require such reasonable conditions and safeguards (in addition
to those expressed in this chapter) as it determines are necessary
to implement the purposes of this chapter. Conditions imposed by the
Zoning Hearing Board shall automatically become conditions of the
building permit issued pursuant thereto, and any failure to comply
with said conditions shall be a violation of this chapter.
A.
Purpose. The conditional use approval process is designed
to allow the Borough Council to review and approve certain uses that
could have significant impacts upon the community and the environment.
B.
Procedure. The Borough Council shall consider the
conditional use application and render its decision in accordance
with the requirements of the State Municipalities Planning Code.
(1)
Submittal. A site plan shall be submitted, which shall contain the information listed in § 255-9D. Detailed site engineering (such as stormwater calculations and profiles) are not required at the conditional use stage. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a conditional use is approved. Or, an applicant may voluntarily choose to submit a subdivision or land development plan for review at the same time as a conditional use application.
(2)
Reviews.
(a)
The Zoning Officer should provide a review to
the Board regarding the compliance of the application with this chapter.
(b)
The Borough staff shall submit a conditional
use application to the Planning Commission for any review that the
Commission may wish to provide. However, the Borough Council shall
meet the time limits for a decision, regardless of whether the Planning
Commission has provided comments.
C.
Consideration of conditional use application. The Borough Council shall determine whether the proposed conditional use would meet the applicable requirements of this chapter. The same standards shall apply to a conditional use as are listed in § 255-22C for a special exception use.
D.
Conditions. In approving conditional use applications,
the Borough Council may attach conditions they consider necessary
to protect the public welfare and meet the standards of this chapter.
These conditions shall be enforceable by the Zoning Officer and failure
to comply with such conditions shall constitute a violation of this
chapter and be subject to the penalties described in this chapter.
A.
Any review of activity within the floodplain, site
plan review, subdivision or land development approval, erosion control
review, wetland delineation review, stormwater runoff review, review
of activity on steep slopes, or any other review, approval or permit
under this chapter by an officer, employee, board, commission, solicitor,
consultant or agency of the Borough shall not constitute a representation,
guarantee or warranty of any kind by the Borough, or its employees,
officials, boards, solicitor(s), consultants or agencies of the practicality
or safety of any structure, use or subdivision, and shall create no
liability upon nor a cause of action against such entity or person
for any damage that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under
this chapter, the Borough shall not be liable for any later lawful
withdrawal of such permit.
