For the administration of this chapter, a Zoning
Officer, who may not hold any elective office in the Borough, shall
be appointed. The Zoning Officer shall administer this chapter in
accordance with its literal terms and shall not have the power to
permit any construction or any use or change of use which does not
conform to this chapter.
It shall be the duty of the Zoning Officer,
and he is hereby given the power and authority, to enforce the provisions
of this chapter. The Zoning Officer shall examine all applications
for permits, issue permits for construction and uses which are in
accordance with the requirements of this chapter, record and file
all applications for permits with accompanying plans and documents,
and make such reports as the Borough Council may require. Permits
for construction and uses which are a special exception, or a variance
to requirements of this chapter shall be issued only upon approval
by the Zoning Hearing Board.
A.
Permit required. A building and/or zoning permit shall
be required prior to the erection, addition or alteration of any building
or portion thereof; prior to the use or change in use of a building
or land; and prior to the change or extension of a nonconforming use.
It shall be unlawful for any person to commence work for the erection
or alteration of any building or for a change in land use, until a
permit has been duly issued therefor.
B.
Application for permits. All applications for permits
shall be accompanied by plans, in duplicate, drawn to scale, showing
the actual slope and dimensions of the lot to be built upon, the exact
size and location of any buildings existing on the lot, the lines
within which the proposed building or structure shall be erected or
altered, the existing and intended use of each building or part of
a building, the number of families or dwelling units the building
is designed to accommodate and such information as may be necessary
to determine compliance with this chapter and all other ordinances.
One copy of such plans shall be returned to the owner when such plans
have been reviewed and acted upon by the Zoning Officer. All applications
with accompanying plans and documents shall become a public record
after a permit is issued or denied.
C.
Issuance of permits.
(1)
No permit shall be issued until the Zoning Officer
has certified that the proposed building, addition or alteration complies
with all the provisions of this chapter, as well as the provisions
of all other applicable ordinances.
(2)
Zoning Officer shall act upon request within 30 days
following application.
(3)
A permit issued hereunder shall become void 12 months
after the issuance date, unless a request for extension has been submitted
to and approved by the Zoning Officer. Such request shall be filed
with the Zoning Officer at least 30 days prior to the permit expiration
date.
(4)
Temporary permits. A temporary permit may be authorized
by the Zoning Officer for a structure or use which it deems necessary
to promote the proper development of the community, provided that
such nonconforming structure or use shall be completely removed upon
expiration of the permit without cost to the Borough. Such permits
shall be issued for a specified period of time, not to exceed one
year, and may be renewed annually for an aggregate period not exceeding
two years.
It shall be the duty of the Zoning Officer,
or his duly appointed representative, to make the following minimum
number of inspections of property for which a permit has been issued:
A.
At the beginning of construction.
(1)
A record shall be made indicating the time and date
of inspection and the finding of the Zoning Officer in regard to conformance
of the construction with plans submitted with the approved permit
application.
(2)
If the actual construction does not conform to the
application, a written notice of violation shall be issued by the
Zoning Officer, and such construction shall be discontinued. Upon
proper correction of the violation and receipt of written notice from
the Zoning Officer, construction shall proceed.
B.
At the completion of construction. A record shall
be made indicating the time and date of the inspection, the findings
of the Zoning Officer in regard to conformance to this chapter, and
the opinion of the Zoning Officer in regard to the issuance of a certificate
of use permit.
A.
The Borough Council shall establish a schedule of fees, charges and
expenses, as well as collection procedures, for zoning permits, certificates
of occupancy, appeals, variances, special exceptions, amendments,
bonds and other matters pertaining to this chapter. The schedule of
fees shall be posted in the office of the Zoning Officer and may be
amended from time to time by the municipality for the administration
and enforcement undertaken pursuant to this chapter and shall be established
by the governing body by resolution. The Zoning Hearing Board fee
for any zoning application shall be $750 plus costs. The zoning amendment
including Map amendment shall be $1,500 plus costs.
[Amended 4-24-2014 by Ord. No. 907]
B.
Such fees shall be payable to the Borough, and, until
all applicable fees, charges and expenses have been paid in full,
the application shall be considered incomplete and no action shall
be taken on any applications or appeal.
A.
A certificate of use shall be a statement issued by
the Zoning Officer setting forth that a building, structure, parcel
or use of land complies with the provisions of this chapter.
B.
No vacant land shall be occupied or used, and no structure
or part of a structure hereafter erected, substantially altered or
changed in use shall be occupied or used until a certificate of use
shall have been issued by the Zoning Officer.
C.
A certificate of use for the use or occupancy of vacant
land or for a change in the use of land or for a change in the use
of an existing building, either for whole or part of a new building
or for the alteration of an existing building, shall be applied for
coincident with the application for a building or zoning permit and
shall be issued or denied within 15 days after a final inspection
by the Zoning Officer.
D.
A certificate of use for changing or extending a nonconforming
use existing at the time of the passage of this chapter or of an amendment
thereto shall be applied for and issued before any such nonconforming
use shall be changed or extended. Such certificate shall be issued
within 15 days after a final inspection and approval by the Zoning
Officer.
E.
A record of all certificates of use shall be kept
on file in the office of the Zoning Officer.
A certificate of nonconformance shall be issued
by the Zoning Officer to the owner of any property which, at the time
of the effective date of this chapter, is identified as containing
a nonconforming use or structure. The owner's property and the issuance
date of such certificate shall be registered in the records of the
Borough as follows:
A.
The certificate of nonconformance shall set forth
in detail all of the nonconforming conditions of said property.
B.
A copy of the certificate of nonconformance shall
be retained and filed by the Zoning Officer.
C.
The certificate shall be for the purposes of insuring
the owner the right to continue a nonconforming use in accordance
with the regulations of this chapter.
Applications for any special exception permitted by this chapter shall be made to the Zoning Hearing Board through the Zoning Officer. The Zoning Hearing Board shall refer the matter to the Planning Commission for report thereon as to its effect on the goals and objectives of Sayre Borough, pursuant to § 173-145 herein.
An appeal or application for an amendment, special
exception or variance from the terms of this chapter shall be filed
with the Zoning Officer and shall contain:
A.
The name and address of the applicant.
B.
The name and address of the owner of the real estate
to be affected by such proposal.
C.
A brief description and location of the real estate
to be affected by such proposal.
D.
A statement of the present zoning classification of
the real estate in question, the improvements thereon and the present
use thereof.
E.
A statement of the section of this chapter under which
the appeal or application requested may be allowed, and reasons why
it should be granted; or a statement of the section of this chapter
governing the situation in which the alleged erroneous ruling is being
appealed, and reasons for the appeal.
F.
An accurate description of the present improvements
and the additions intended to be made under this application, indicating
the size and use of such proposed improvements and general construction
thereof. In addition, there shall be attached a plot plan of the real
estate to be affected, as required to accompany applications for permits,
indicating the location and size of the lot and location of improvements
now erected, and proposed to be erected thereon.
G.
Any other pertinent data required by the Zoning Hearing
Board, Borough Council and/or Zoning Officer, as appropriate to their
individual authorities set forth in this Article.
Failure to comply with any provision of this
chapter, failure to secure a permit or Zoning Hearing Board Certification,
when required, or failure to secure a certificate of use shall be
violations of this chapter.
A.
Notice of violation.
(1)
When written notice of a violation of any of the provisions
of this chapter has been served by the Zoning Officer on the owner,
agent or occupant or contractor, such violation shall be discontinued
immediately.
(2)
All appeals from determinations by the Zoning Officer
under this section shall be made to the Zoning Hearing Board within
30 days of the date of the determination.
B.
Causes of action. In case any building, structure,
landscaping or land is or is proposed to be erected, constructed,
reconstructed, altered, converted, maintained or used in violation
of this chapter, the Borough Council or, with the approval of the
Borough Council, an officer of the Borough, or any aggrieved owner
or tenant of real property who shows that his property or person will
be substantially affected by the alleged violation, in addition to
other remedies, may institute any appropriate action or proceeding
to prevent, restrain, correct or abate such building, structure, landscaping
or land, or to prevent, in or about such premises, any act, conduct,
business or use constituting a violation. When any such action is
instituted by a landowner or tenant, notice of that action shall be
served upon the Borough at least 30 days prior to the time the action
is begun, by serving a copy of the complaint on the Borough Council.
No such action may be maintained until such notice has been given.
C.
Enforcement remedies.
(1)
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 attorney fees incurred
by the Borough as a result thereof. No judgment shall commence or
be imposed, levied or payable until the date of the determination
of a violation by the District Justice. 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
the District Justice determining that there has been a violation further
determines that there was a good faith basis for person, partnership
or corporation 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 District Justice, and thereafter
each day that a violation continues shall constitute a separate violation.
All judgments, costs and reasonable attorney fees collected for the
violation shall be paid over to the Borough of Sayre.
(2)
The Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem find pending
a final adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Borough
the right to commence any action for enforcement pursuant to this
section.
The Zoning Hearing Board shall continue, with
three members appointed by the Borough Council, and have powers and
authority as set forth in the Pennsylvania Municipalities Planning
Code (Act 247), as amended. The duly established Zoning Hearing Board
shall have the following functions:
A.
Hearings.
[Amended 7-29-2003 by Ord. No. 820]
(1)
The Zoning Hearing Board shall conduct hearings and
make decisions in accordance with the Pennsylvania Municipalities
Planning Code (Act 247), as amended.[1] Notice shall be given to the public, the applicant, the
landowner, the Zoning Officer, all property owners within 150 feet
of the parcel or use in question and such other persons as the Zoning
Hearing Board shall designate and any person who has made timely request
for the same. Notices shall be given at such time and in such manner
prescribed by adopted rules of the Zoning Hearing Board, The Borough
Council may establish reasonable fees, based on costs, to be paid
by the applicant and persons requesting any notice or materials not
required by ordinance. In addition to the written notice provided
herein, written notice of said hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(2)
All property owners within 150 feet of the parcel
shall be given notice of the original hearing; thereafter, subsequent
continued hearings will be legally advertised. However, subsequent
written notices to the property owners shall not be required to be
sent.
(3)
In the event the zoning applicant's entire hearing
fee is utilized for hearing costs allowed by law, the applicant shall
be responsible for any additional costs incurred by the Borough in
connection with the applicant's hearing as allowed by law.
B.
Jurisdiction. The Zoning Hearing Board shall have
exclusive jurisdiction to hear and render final adjudications in the
following matters, as set forth in the Pennsylvania Municipalities
Planning Code:
(2)
Challenges to the validity of a land use ordinance
raising procedural questions or alleged defects in the process of
enactment or adoption, which challenges shall be raised by an appeal
taken within 30 days after the effective date of said ordinance.
(3)
Appeals from the determination of the Zoning Officer,
including but not limited to the granting or denial of any permit,
or failure to act on the application therefor, the issuance of any
cease-and-desist order or the registration or refusal to register
any nonconforming use, structure or lot.
(4)
The Zoning Hearing Board shall refer all matters to
the Planning Commission.
(5)
Appeals from a determination by the Borough Engineer
or Zoning Officer with reference to the administration of any floodplain
or flood hazard ordinance or such provisions within a land use ordinance.
(7)
Applications for special exceptions under this chapter
or floodplain ordinance or such provisions within a land use ordinance,
pursuant to Section 912.1 of the Pennsylvania Municipalities Planning
Code.
(8)
Appeals from the determination of any officer or agency
charged with the administration of any transfer of development rights
or performance density provisions of this chapter.
(10)
Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Article V or VII of the Pennsylvania Municipalities Planning Code.
C.
Variances. The Zoning Hearing Board shall hear requests
for variances where it is alleged that the provisions of this chapter
inflict unnecessary hardship upon the applicant. The Zoning Hearing
Board shall prescribe the form of application and require application
to the Zoning Officer. The Zoning Hearing Board may grant a variance,
provided that the following findings are made where relevant in a
given case:
(1)
That 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 district in which
the property is located.
(2)
That, because of such physical circumstances or conditions,
there is no possibility that the property can be developed in strict
conformity with the provisions of this chapter and that the authorization
of a variance is, therefore, necessary to enable the reasonable use
of the property.
(3)
That such unnecessary hardship has not been created
by the appellant.
(4)
That the variance, if authorized, will not alter the
essential character of the 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.
(5)
That the variance, if authorized, will represent the
minimum variance that will afford relief and represent the least modification
possible of the regulation in issue. In granting any variance, the
Zoning Hearing Board may attach such reasonable conditions and safeguards
as it may deem necessary to implement the purposes of this chapter.
D.
Special exceptions. In this chapter, special exceptions
may be granted or denied by the Zoning Hearing Board pursuant to expressed
standards and criteria contained in this chapter. The Zoning Hearing
Board shall hear and decide requests for such special exceptions in
accordance with such standards and criteria and prescribe the application
form to be used. In granting a special exception, the Zoning Hearing
Board may attach such reasonable conditions and safeguards, in addition
to those expressed in this chapter, as it may deem necessary to implement
the purposes of this chapter. The Zoning Hearing Board shall pursue
the following procedure:
(1)
The Zoning Hearing Board's decision to grant a permit
for special exception use shall be made only after public notice and
public hearing. Such permit shall apply specifically to the application
and plans submitted and presented at said public hearing. Any subsequent
amendments or additions shall be subject to review and public hearing
by the Zoning Hearing Board as a special exception.
(2)
No application for a permit shall be granted by the
Zoning Hearing Board for any variance special exception use until
said Board has first received and considered an advisory report thereon
from the Planning Commission with respect to the location of such
use in relation to the needs and growth pattern of the Borough of
Sayre, where appropriate, with reference to the adequacy of the site
area and the arrangement of buildings, driveways, parking areas, off-street
loading and unloading spaces, and other pertinent features of the
proposal.
(3)
The Planning Commission shall have 30 days from the
date of its receipt of the application within which to file its report
thereon. In the event that the Planning Commission shall fail to file
its report within 30 days, such application shall be deemed to have
been approved by the Planning Commission. The Planning Commission
may have representation at the public hearing held by the Zoning Hearing
Board on such application. After receipt of the report, the Zoning
Hearing Board shall hear the application in the same manner and under
the same procedure as it is empowered by law and ordinance to hear
cases and make exceptions to the provisions of this chapter. The Zoning
Hearing Board may thereafter direct the Zoning Officer to issue a
permit if, in its judgment, the request will not be detrimental to
the health, safety and general welfare of the Borough of Sayre.
(4)
A special exception use for which a permit is granted
by the Zoning Hearing Board pursuant to the provisions of this section
shall be construed to be a conforming use.
E.
Parties appellant before the Zoning Hearing Board.
Appeals raising the substantive validity of any land use ordinance,
except those to be brought before the Borough Council, pursuant to
the Pennsylvania Municipalities Planning Code, procedural questions
of alleged defects in the process of enactment or adoption of land
use ordinance; or from the determination of the Zoning Officer, including
but not limited to the granting or denial of any permit or failure
to act on the application therefor, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot; or from a determination by the Borough Engineer
or Zoning Officer with reference to the administration of any floodplain
or flood hazard ordinance or such provisions within a land use ordinance;
or from the determination of the Zoning Officer or Borough Engineer
in reference to sedimentation and erosion control and stormwater management,
insofar as the same relate to development not involving subdivision
and development or planned residential development, may be filed with
the Zoning Hearing Board, in writing, by the landowner affected, any
officer or agency of the Borough or any person aggrieved. Requests
for a variance and for special exceptions may be filed with the Zoning
Hearing Board by any landowner or tenant with the permission of such
landowner.
F.
Time limitations.
(1)
No person shall be allowed to file any proceeding
with the Zoning Hearing Board later than 30 days after an application
for development, preliminary or final, has been approved by the Borough
if such proceeding is designed to secure reversal or limit the approval
in any manner unless such person alleges and proves that he had no
notice, knowledge or reason to believe that such approval has been
given. If such person has succeeded to his interest after such approval,
he shall be bound by the knowledge of his predecessor in interest.
The failure of anyone other than the landowner to appeal from an adverse
decision on a tentative plan or from an adverse decision by the Zoning
Officer on a challenge to the validity of this chapter, or an amendment
hereto, or map, or an amendment thereto, shall preclude an appeal
from a final approval except in the case where the final submission
substantially deviates from the approved tentative approval.
(2)
No issue of alleged defect in the process of enactment
of any ordinance or map or any amendment thereto shall be raised in
any proceeding filed with the Zoning Hearing Board later than 30 days
from the time such ordinance, map or amendment takes effect, unless
the person raising such issues alleges and proves that he failed to
receive adequate notice of the enactment or amendment. If such person
has succeeded to his interest after the enactment of this chapter,
adequate notice to his predecessor in interest shall be deemed adequate
notice to him.
(3)
All appeals from determinations adverse to the landowner
shall be filed by the landowner within 30 days after notice of the
determination is issued.
G.
Stay of proceedings.
(1)
Upon the filing of any appeal proceeding before the
Zoning Hearing Board and during its pendency before the Zoning Hearing
Board, all land development pursuant to any challenged ordinance,
order or approval of the Zoning Officer or of any agency or body,
and all official action thereunder, shall be stayed unless the Zoning
Officer or any other appropriate agency or body certifies to the Board
facts indicating that such stay would cause imminent peril to life
or property, in which case the development or official action shall
not be stayed otherwise than by a restraining order, which may be
granted by the Zoning Hearing Board or by the court having jurisdiction
of zoning appeals, on petition, after notice to the Zoning Officer
or other appropriate agency or body. When an application for development,
preliminary or final, has been duly approved and proceedings designed
to reverse or limit the approval are filed with the Zoning Hearing
Board by persons other than the applicant, the applicant may petition
the court having jurisdiction of zoning appeals to order such persons
to post bond as a condition to continuing the proceedings before the
Board.
(2)
The question whether or not such petition should be
granted and the amount of the bond shall be within the sound discretion
of the court. An order denying a petition for bond shall be interlocutory.
An order directing the responding party to post a bond shall be interlocutory.
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals and general welfare.
It is not intended to interfere with or abrogate or annul other rules,
regulations or ordinances, provided that, where this chapter imposes
a greater restriction upon the use of buildings or premises or upon
the height of a building, or requires larger open spaces than are
imposed by such other rules, easements, covenants, restrictions, regulations
or ordinances, the provisions of this chapter shall control.
[Added 6-20-2013 by Ord. No. 900]
A.
The Sayre Borough Council shall require a conditional use application
for all uses designated as conditional uses in each respective zoning
district and may grant conditional approval for the same.
[Amended 7-23-2015 by Ord. No. 915]
B.
Uses not provided for:
(1)
Whenever a use is neither specifically permitted nor denied
in any Zoning District, and an application is made by the applicant
to the Zoning Officer for such a use, the Zoning Officer shall refer
the application to the Borough Council to hear and decide such request
as a conditional use. The Borough Council shall have the authority
to permit the use or deny the use in accordance with the standards
of governing conditional use applications set forth in the Zoning
Ordinance. In addition, the use may only be permitted if:
[Amended 7-23-2015 by Ord. No. 915]
(2)
The burden of proof shall be upon the applicant to demonstrate
that the proposed use meets the foregoing criteria and would not be
detrimental to the public health, safety and welfare of the neighborhood
where it is to be located.
C.
Application procedure. Applications for any conditional use permitted
by this section shall be made to the Zoning Officer who shall refer
such applications to the Borough Manager or Borough Secretary or their
designee. Upon receipt of a conditional use application, the Secretary
of the Borough Council shall forward a copy of the application to
the Sayre Borough Planning Commission for its review and recommendation.
The Planning Commission shall conduct its review and make its recommendations
within 30 days of receipt of such request.
D.
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.
(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.
E.
Site plan.
(1)
All applications for conditional uses shall include at least
six copies of a site plan of the proposed development as set forth
below.
(2)
The site plan shall be drawn to a scale not more than 50 feet
to the inch and shall be on a sheet no smaller than 18 by 24 inches
and no larger than 24 by 36 inches. If the site plan is drawn in two
or more sections, a key map showing the locations of the sections
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.
(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.
(3)
In cases where minimal site improvement or development is required
or proposed for a conditional use, the Borough Council may waive the
requirement for submittal of certain information that it deems unnecessary
for its review of the application. In all cases, however, the information
submitted shall be adequate for review of the conditional use request.
F.
Hearing requirements.
(1)
Before voting on the approval of a conditional use, the Borough
Council shall hold a public hearing thereon, pursuant to public notice.
The Borough Council shall submit each such application to the Sayre
Borough Planning Commission at least 30 days prior to the hearing
held upon an application to provide the Sayre Borough Planning Commission
an opportunity to submit recommendations. If, after any public hearing
held upon an application, the proposed application is revised, the
Borough Council shall hold another public hearing, pursuant to public
notice, before proceeding to vote on the application.
(2)
Public notice, as defined herein, and written notice shall be
given to the applicant, the Zoning Officer, such other persons as
the Sayre Borough Council shall designate by ordinance, and to any
person who has made timely requests 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 ordinance provisions, by rules
of the Sayre Borough Council. In addition to the written notice provided
herein, written notice of said hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing.
(3)
The 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.
(4)
The parties to the hearing shall be Sayre Borough Council, any
person affected by the application who has made timely appearance
of record before the Sayre Borough Council, and any other person,
including civic or community organizations permitted to appear by
the Sayre Borough Council. The Sayre Borough Council shall have the
power to require that all persons who wish to be considered parties
enter appearance in writing on forms provided by the Sayre Borough
Council for that purpose.
(5)
The President and/or Vice President of the Sayre Borough Council
shall have power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant documents
and paper, including witnesses and documents requested by the parties.
(6)
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)
The Sayre Borough Council may keep a stenographic record of
the proceedings, the applicant and the Sayre Borough Council shall
share the appearance fee for a stenographer equally. The cost of the
original transcript shall be paid by the Sayre Borough Council, or
shall be paid by the person appealing the decision of the Sayre 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)
The Sayre Borough Council shall not communicate, directly or
indirectly, with any party or his representatives in connection with
any issue involved except upon notice and an opportunity for all parties
to participate, shall not take notice of any communication, reports,
staff memoranda, or other materials, except advice from its solicitor,
unless parties are afforded an opportunity to contest the material
so noticed, and shall not inspect the site or its surrounds after
the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
(10)
The Sayre Borough Council shall conduct the hearing or the Sayre
Borough Council may appoint any member or an independent attorney
as a hearing officer. The decision or, where there is no decisions,
the findings shall be made by the Sayre Borough Council. However,
the appellant or the applicant, as the case may be, in addition to
the Sayre Borough Council may, prior to the decision of the hearing,
waive decision or findings by the Sayre Borough Council and accept
the decision or findings of the hearing officer as final.
G.
Criteria for conditional uses. The 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 section:
(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 operations 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.
(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 and disposal.
(d)
Utilities, with reference to location, availability and compatibility.
(e)
Screening and buffering, with reference to type and erosion
control measures.
(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.
(g)
Required yards and open spaces.
H.
Decisions.
(1)
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 its last hearing on the proposal. Where the application
is contested or denied, each decision shall be accompanied by findings
of facts or conclusions based thereon, together with any reasons therefor.
Conclusions based on any provisions of the Pennsylvania Municipalities
Planning Code, this section, or other ordinance, rule or regulation
shall contain a reference to the provision relied upon and the reasons
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 no later than the day following its date.
(2)
Notwithstanding any other generally applicable provision of the Zoning Ordinance providing for a longer period of review, including § 173-147 set forth above, for zoning permit applications relating to oil and gas operations, the Borough's review period for conditional uses shall not exceed 120 days for complete submissions.
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.[1]
[1]
Editor's Note: Former Subsection J, regarding natural gas
compressor stations and processing plants, which immediately followed
this subsection, was repealed 7-23-2015 by Ord. No. 915.
