The Jersey Shore Borough Council may, on its own motion or by petition, amend, supplement, change, modify or repeal this chapter, including the Zoning Map, by proceeding in the following manner. For curative amendments, see Section 609.1, Procedure for Landowner Curative Amendments, under Article
VI of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended.
A. Review by Planning Commission. Every such proposed amendment or change,
whether initiated by the Borough Council or by petition, shall be
referred to the Borough Planning Commission and the Lycoming County
Planning Commission at least 30 days before the public hearing for
report thereon. If the Planning Commission(s) fail to file such a
report before the public hearing, it shall be presumed that the Planning
Commission(s) have no comments or concerns regarding the proposed
amendment, supplement or change.
B. Public hearing. The Borough Council shall, at a public meeting, establish
a date, time and place for a public hearing on the proposed amendment.
Notice of such hearing shall be published once each week for two consecutive
weeks in a newspaper of general circulation in the local area. The
first notice shall be published not more than 30 days, and the second
publication shall appear no less than seven days prior to the hearing
date. The notice shall state the time and place of the hearing and
the general nature of the proposed amendment in such reasonable detail
as will give adequate notice of its contents and shall name the place(s)
where copies of the proposed amendment may be examined. In addition,
if the proposed amendment involves a Zoning Map change, notice of
said public hearing shall be conspicuously posted at points along
the perimeter of the affected tract at least seven days prior to the
date of the hearing.
C. Opportunity to be heard. At the public hearing, full opportunity
to be heard shall be given to any citizen and all parties in interest.
D. Notice of enactment. Prior to taking action on the amendment, the
Borough Council shall give notice of proposed enactment by publishing
the entire amendment or the title and a brief summary once in a newspaper
of general circulation in the locale. Such notice shall be published
one time, not more than 60 days or less than seven days prior to passage.
E. Enactment of amendment. The adoption of an amendment shall be by
simple majority vote of the Borough Council. The vote of the Council
shall be within 90 days after the last public hearing on the amendment.
If the Council fails to take action within 90 days, the proposed amendment
shall be deemed to have been denied. Within 30 days after enactment,
a copy of the amendment shall be forwarded to the County Planning
Commission.
The Borough Council may grant conditional use approval for only those uses set forth in Articles
IV through
VII of this chapter, district regulations, pursuant to the express standards and criteria for the specified uses outlined in this chapter. In addition, the Council may attach such reasonable conditions and safeguards as they deem appropriate to protect the public welfare and implement the purpose of this chapter.
A. Application procedure. Applications for any conditional use permitted
by this chapter shall be made to the Zoning Officer, who shall refer
such application to the Borough Secretary. Upon receipt of a conditional
use application, the Borough Secretary shall forward a copy of the
application to the Borough Planning Commission for their review and
recommendation. The Planning Commission shall conduct its review and
make recommendations within 45 days of receipt of such request.
B. Written statement. All applications for conditional uses shall include
a written statement describing the tract of land and its intended
use. Such statement shall include the following information:
(1)
The location of the tract of land;
(2)
The present use of the tract for which the conditional use is
requested;
(3)
The present use of adjoining tracts;
(4)
The type of conditional use for which the application is made;
(5)
A brief description of the type and extent of the proposed activities;
(6)
An estimate of the total development cost of the conditional
use; and
(7)
The names of the applicant, the owner of the tract, the developer
of the conditional use and the person or organization who will operate
the conditional use.
C. Site plan.
(1)
All applications for conditional uses shall include a site plan
of the proposed development as set forth below. The site plan shall
be drawn to a scale not exceeding 50 feet to the inch and shall be
placed on a sheet no smaller than 18 inches by 24 inches. If the site
plan is drawn in two or more sections, a key map showing the section
locations shall be placed on each sheet. The site plan shall include:
(a)
Title block containing the name of the developer or landowner,
date, scale, North arrow and the name and profession of the preparer
of the plan;
(b)
Tract boundaries showing bearings and distances;
(c)
Existing significant natural or man-made features of the site;
(d)
Existing and proposed streets, rights-of-way, easements, means
of access and setback lines;
(e)
Existing buildings, sewers, water mains, culverts, transmission
lines, and fire hydrants on or adjacent to the site;
(f)
Existing contours at vertical intervals of five feet or less
and the datum to which the elevations refer;
(g)
Proposed grading and drainage plan;
(h)
Proposed plan of any landscaping of the tract showing all paved
and planted areas, screens or fences and erosion control measures;
(i)
Plans of any proposed sanitary sewer or storm sewer systems
and water supply systems; and
(j)
Location, size and floor plan of all proposed buildings or structures
and proposed use of all buildings or structures and open or unenclosed
areas of the tract.
(2)
In cases where little site improvement or development is required
or proposed for a conditional use, the Borough Council may, upon recommendation
of the Borough Planning Commission, waive the requirement for submission
of certain information that is deemed unnecessary for review for the
application. In all cases, however, the information submitted shall
be adequate for review of the conditional use request.
D. Hearing requirements. Within 60 days of the date of the applicant's
request for a conditional use, the Borough Council shall select a
date, advertise pursuant to public notice, and hold a public hearing
on the proposal. The burden of presentation of the conditional use
request at the hearing shall rest with the applicant.
E. Criteria for review and approval of conditional use. The Borough
Council shall, in making decisions on each application for a conditional
use, consider the following general criteria, in addition to the special
criteria established elsewhere in this chapter.
(1)
The purpose of the zone in which the requested conditional use
is to be located and the compatibility of the requested conditional
use with existing and potential land uses on adjacent tracts of ground;
(2)
Whether the specific site is an appropriate location for the
use, structure or condition;
(3)
Whether the use developed will adversely affect the neighborhood;
(4)
Whether the use will create undue nuisance or serious hazard
to vehicles or pedestrians;
(5)
Whether adequate and appropriate facilities and services will
be provided to ensure the proper operation of the proposed use;
(6)
The economic, noise, glare, or odor effects of the conditional
use on adjoining properties and properties generally in the district;
and
(7)
Whether satisfactory provision and arrangement has been made
concerning the following:
(a)
Ingress and egress to the property and structure thereon with
particular reference to automotive and pedestrian safety and convenience,
traffic flow, control and access in case of fire or other emergency;
(b)
Off-street parking and loading areas;
(c)
Waste collection, storage or disposal;
(d)
Utilities, with reference to location, availability and compatibility;
(e)
Screening and buffering with reference to type, dimensions and
character;
(f)
Signs, if any, and proposed exterior lighting with reference
to glare, traffic safety, economic effect and compatibility and harmony
with properties in the district; and
(g)
Required yards and open spaces.
F. Decisions. The Council shall render a decision or, when no decision
is called for, make written findings on the conditional use application
within 45 days after their last hearing on the proposal. Where the
application is contested or denied, each decision shall be accompanied
by findings of fact or conclusion based thereon, together with any
reasons therefor. Conclusions based on any provisions of the Pennsylvania
Municipalities Planning Code, this chapter, or other ordinance, rule or regulation shall
contain a reference to the provisions relied upon and the reason why
the conclusion is deemed appropriate in light of the facts found.
A copy of the final decision or, where no decision is called for,
the findings shall be delivered to the applicant personally or mailed
to him to later than the day following its date.
G. Failure to hold required hearing or render decision. Where the Borough Council fails to hold the required hearing or fail to render a decision within the time periods specified in Subsections
D and
F above, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing on the record to an extension of time. When a decision has been rendered in favor of the applicant because of a violation of the prescribed time periods, the Borough Council shall give public notice in the same manner as is done for the public hearing of the decision with 10 days from the last day they could have met to render a timely decision. If the Council fails to provide such notice, the applicant may do so.
H. Expiration of decision. Unless otherwise specified by the Council
at the time of their action, a conditional use authorization shall
expire if the applicant fails to obtain any necessary building/zoning
permits or comply with the conditions of said authorization within
six months from the date of authorization.
I. Appeals. Nothing in this section shall prejudice the right of any
party opposing the application to appeal the decision to a court of
competent jurisdiction.