This chapter shall be known and may be cited as the "Altoona
City Planning Code."
This chapter shall take effect July 24, 2003. Amendments shall
become effective on the first stroke of midnight immediately following
the vote to adopt such amendment.
It is the purpose of this chapter to protect and promote the
public safety, health, welfare and morals through a coordinated, consistent,
citywide planning effort. Such effort shall include, without limitation,
coordinated development; guidance and protection of amenities, conveniences,
and facilities; improvement of governmental processes and functions,
including customer service; mitigation of potential problems as may
exist or are foreseen; and the protection of the cultural, economic,
social, practical, and governmental aspects of the City.
The provisions of this chapter shall not affect any act done,
contract executed, or liability incurred prior to its effective date,
or affect any suit or prosecution pending or to be instituted, to
enforce any right, rule, regulation, or ordinance or to punish any
offence against any such repealed ordinances or against any regulation
or procedure enacted under them.
This chapter is adopted and enacted under the authority granted
to municipalities generally or third class cities as enumerated below:
A. Authority to delegate powers in Part 1 is derived primarily from
the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805,
No. 247, as reenacted and amended, as well as the Home Rule and
Optional Plan Government Code. Additional authority is gained from the Urban Redevelopment
Law, the Airport Zoning Act, the Pennsylvania Flood Plain Management
Act, and the Stormwater Management Act as they apply to the planning function of a city of the
third class.
B. Zoning Authority in Part 3 is granted by the Pennsylvania Municipalities
Planning Code as well as the Airport Zoning Act.
C. The authority to regulate the various environmental aspects of Part
4 is derived from the Pennsylvania Municipalities Planning Code, the
Pennsylvania Floodplain Management Act, and the Stormwater Management
Act, the National Flood Insurance Program, and the National Pollution
Discharge Elimination System.
D. The authority to regulate the subdivision of land in Part 5 is delegated
by the Pennsylvania Municipalities Planning Code as well as the Pennsylvania
Municipal Sewage Facilities Act.
E. Land development proposals under Part 7 are reviewed by the authority
granted by the Pennsylvania Municipalities Planning Code.
F. The powers to certify blight, develop urban renewal areas, and implement
an urban redevelopment program in Part 8 are granted by the Urban
Redevelopment Law.
G. Authority to engage in capital planning, assess impact fees, and
require performance bonds granted by the Pennsylvania Municipalities
Planning Code.
H. The provisions of Part
10 are extensions of the provisions of the other articles of the Altoona Planning Code. Authority for these provisions is derived from one or more of the sources cited above.
In the event any provision of this chapter is inconsistent or
in conflict with any other ordinance, the ordinance containing the
stricter provisions shall control. Where a level of strictness cannot
be determined, an effort shall be made to determine if one of the
provisions is mandated; if a mandate is found, then the mandated provision
shall control. If both provisions are mandated, the mandate with the
higher authority shall control. Otherwise, this chapter shall control.
Efforts shall be made to eliminate such conflicts whenever they are
found.
The provisions of this article shall apply to the entire Altoona
Planning Code, this chapter, and shall be considered to have the same
force and effect as if inserted for each part or article herein.
The following ordinances and parts of ordinances and amendments
thereof are hereby repealed to the extent hereinafter specified.
A. Relative to the delegation of powers under Part 1:
(1)
Ordinances 338, 4165, 4662, and 4914, absolutely.
(2)
Ordinance 5440, absolutely.
(3)
Ordinance 3387, absolutely.
B. Relative to zoning:
(1)
Ordinance 4765, absolutely.
(2)
Ordinances 4796, 4802, 4879, 4890, 4897, 5063, 5095, 5112, 5254,
5270, 5284, 5312, 5385, 5407, 5443, 5461, and 5490, absolutely.
(3)
Ordinances 4801, 4818, 4822, 4832, 4867, 4874, 4875, 4885, 4921,
5005, 5012, 5113, 5129, 5130, 5160, 5169, 5207, 5236, 5255, 5281,
5282, 5480, 5515, absolutely.
C. Relative to subdivision:
(1)
Ordinance 4545, absolutely.
(2)
Ordinances 4946, 5247, 5342, 5359, 5374, and 5408, absolutely.
D. Relative to environmental issues:
(1)
Ordinance 5373, absolutely.
(2)
Ordinance 5470, absolutely.
(3)
Ordinance 5374, absolutely.
E. Relative to urban redevelopment:
(1)
Ordinance 4872, absolutely.
(2)
Ordinances 5442 and 5447, absolutely.
Where relevant and not specified elsewhere in this Code, enforcement
for any land development regulation in this Code shall be conducted
as specified in the Pennsylvania Municipalities Planning Code, Act
of 1968, P.L. 805, No. 247, as reenacted and amended.