This chapter is hereby adopted:
A. In accordance with the requirements and purposes (including
Section 604 or its successor section, which is included by reference)
of the Pennsylvania Municipalities Planning Code, as amended;
B. In accordance with the community development goals
and objectives (which are included by reference) of the City of Monessen
Comprehensive Plan (as may be amended), which constitutes an overall
program;
C. In consideration of the character of the City, its
various parts and the suitability of the various parts for particular
uses and structures; and
D. To assist in carrying out the purposes and provisions of the Constitution of the Commonwealth of Pennsylvania (especially Article
I, Section 27), the Pennsylvania Flood Plain Management Act, Pennsylvania Storm Water Management Act, Pennsylvania DEP regulations on erosion and sedimentation
control and other relevant federal and state laws, regulations, official
policies and relevant court decisions.
For a curative amendment request, the applicant
shall at a minimum compensate the City for all actual expenses for
legal advertising, in addition to any other fees stated in the City
fee schedule. (See Sections 609 and 916.1 of the Pennsylvania Municipalities
Planning Code.)
The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with the following:
A. Notice of hearings. Notice of all hearings of the
Zoning Hearing Board shall be given as follows:
(1) Advertisement. A public notice shall be published,
as defined by Section 107 of the Pennsylvania Municipalities Planning
Code. The notice shall state the time, date and place of the
hearing and the particular nature of the matter to be considered.
(2) Posting. Notice of the hearing shall be conspicuously
posted on the affected property at least one week prior to the hearing.
It is the responsibility of the applicant to ensure that the notice
is posted and remains posted until the hearing.
(3) Persons given notice. Written notice shall be given
to the applicant and the Zoning Officer. Notice should be given to
the Planning Commission, City Council and owners of record of property
within a one-hundred-foot radius from the lot lines of the subject
property. Also, notice shall be given to any other person or group
(including civic or community organizations) who has made a written
timely request for notice. Notices shall be mailed or delivered by
a City representative to the last address known to the City. The notice
should be intended to be received at least five days prior to the
hearing date.
(4) Adjacent municipalities. In any matter which relates
to a property which lies within 250 feet of the boundary of another
municipality and which the City staff determines may have a significant
impact on that municipality, the City staff should transmit to the
offices of the adjacent municipality a copy of the official notice
of the public hearing on the matter at least seven days prior to the
hearing date. Representatives of the adjacent municipality shall have
the right to appear and be heard at the public hearing.
(5) Fees. The City Council may, by resolution, establish
a reasonable fee schedule, based on cost, to be paid by:
(a)
The applicant for any notice required by this
chapter; and
(b)
Those persons requesting any notice not required
by this chapter.
B. Parties in hearings. The parties to a hearing shall
be the City, any person affected by the application who has made timely
appearance of record before the Zoning Hearing Board and any other
person including civic or community organizations permitted to appear
by the Zoning Hearing Board.
C. Oaths and subpoenas. The chair of the Zoning Hearing
Board or Hearing Officer shall have the 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 needed by and requested by the parties.
D. Representation by counsel. The parties shall have
the right to be represented by legal counsel and shall be afforded
the opportunity to respond and present evidence, argument and cross-examine
adverse witnesses on relevant issues.
E. Evidence and record. Formal rules of evidence shall
not apply, but irrelevant, immaterial or unduly repetitious evidence
may be excluded. The Zoning Hearing Board or the Hearing Officer,
as applicable, shall keep a record of the proceedings as required
by state law.
F. Communications outside of hearings.
(1) The Zoning Hearing Board shall not meet with, visit
the site with or directly communicate specifically on the matter with
the applicant or any officially protesting party or their representatives
in connection with any issue involved, except if the opportunity is
provided for the applicant and any officially protesting party to
participate.
(2) The Zoning Hearing Board shall not take notice of
any communication, reports, staff memoranda or other materials unless
the parties are afforded an opportunity to examine and contest the
material so noticed. This restriction shall not apply to advice from
the Zoning Hearing Board's solicitor.
G. Advisory reviews. The Zoning Hearing Board may request
that the Planning Commission, County Conservation District, City staff,
City Engineer or other professional provide an advisory review on
any matter before the Zoning Hearing Board.
H. Initiation of hearings. A hearing required under this
chapter shall be initiated within 60 days of the date of an applicant's
submittal of a complete application, unless the applicant has agreed
in writing to an extension of time.
I. Decision/findings.
(1) The Zoning Hearing Board shall render a written decision
or make written findings (when no decision is called for) on each
application within 45 days after the last hearing on that application
before the Zoning Hearing Board, unless the applicant has agreed in
writing to an extension of time.
(2) Where the application is contested or denied, the
decision should include findings of fact and conclusions based thereon,
together with the reasons for such conclusions. Any conclusion based
on any provision of the Pennsylvania Municipalities Planning Code or of this chapter should contain a reference to the provision
relied on.
J. Notice of decision. A copy of the final decision or
a copy of the findings (when no decision is called for) shall be personally
delivered or mailed to the applicant or his or her representative
or their last known address not later than the time limit established
by Section 908 of the Pennsylvania Municipalities Planning Code.
[Amended 8-15-2012 by Ord. No. 5-2012]
This chapter shall not apply to any existing
or proposed building or extension thereof used or to be used by a
public utility corporation if, upon petition of the corporation, the
Pennsylvania Public Utility Commission shall, after a public hearing,
decide that the present or proposed use of the building or site in
question is necessary for the convenience or welfare of the public.
It shall be the responsibility of the Pennsylvania Public Utility
Commission to ensure that both the corporation and the City have notice
of the hearing and are granted an opportunity to appear, present witnesses,
cross-examine witnesses presented by the other parties and otherwise
exercise the rights of a party to the proceedings. Public utility
exemptions only apply to municipal authorities and utility companies
that expand service in accordance with the definition found in the
Pennsylvania Municipalities Planning Code § 608.1, Subsection
(e)(1), and as authorized by the Pennsylvania Public Utilities
Commission.
The minimum lot area and minimum lot width requirements
of this chapter shall not apply to uses or structures owned by the
City of Monessen for uses and structures that are intended for a legitimate
governmental or public health, safety, public utility or recycling
purpose.