City of Clairton, PA Article VI Administration and Enforcement

§ 337-39 Zoning Officer.

The Zoning Officer, who shall be appointed in accordance with law, shall:

A. Administer and enforce the provisions of 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.

B. Review all applications for zoning permits and zoning occupancy permits, and issue permits when there is compliance with the provisions of this chapter. The Zoning Officer may condition the issuance of a zoning permit upon the applicant proving compliance with other City regulations.

C. Receive applications for special exceptions and variances and forward these applications to the Zoning Hearing Board for action thereon.

D. Receive applications for conditional uses and forward these applications to City Council for action thereon.

E. Following disapproval of a zoning permit or another determination, receive applications for appeals and forward these applications to the Zoning Hearing Board for action thereon.

F. Maintain a permanent file with all zoning permits, occupancy permits and applications as public records.

G. Order in writing correction of all conditions found to be in violation of the provisions of this chapter. An enforcement notice shall meet requirements of the Pennsylvania Municipalities Planning Code.[1] Prior to issuing an enforcement notice, the Zoning Officer may informally seek compliance.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

H. In the course of administering and enforcing this chapter and reviewing applications for zoning certificates, temporary use permits, sign permits or variances, the Zoning Officer may register nonconforming uses, nonconforming structures and nonconforming lots as they become known through the application and enforcement process. Registration and proof of nonconforming uses, structures and lots shall be the burden of the property owner.

I. Upon the request of City Council, the Planning Commission or the Zoning Hearing Board, present facts, records or reports which they may request to assist such body in making decisions.

§ 337-40 Zoning permits.

A. A zoning permit shall be obtained before any person may:

(1) Change the use of a structure or land to a different use;

(2) Construct, reconstruct, move, alter or enlarge any structure or building; or

(3) Change a nonconforming use or structure.

B. A zoning permit shall not be issued to change a nonconforming use or structure without review and approval by the Zoning Hearing Board.

C. No permit may be issued unless the proposed construction or use fully conforms with all provisions of this chapter and other applicable ordinances and provisions enacted by the City of Clairton or the Commonwealth of Pennsylvania.

D. Zoning permit applications must be filled out, signed by the property owner or applicant, and submitted with a site plan showing the locations and dimensions of the existing and proposed improvement(s) and their position relative to all property lines and roadways, photos of the property, information on what is being built, and the required fees for the application. The property owner or applicant must also sign a form certifying that the contractor has worker's compensation insurance or an affidavit certifying that the work is to be completed by the homeowner.

(1) It is the property owner's responsibility to provide accurate and complete information regarding easements (including stormwater, drainage, utility, etc.), property line locations, rights-of-way, or deed restrictions for the property in order for the zoning permit application to be processed.

(2) If the property described in this permit will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation, a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945, P.L. 1242, No. 428, known as the "State Highway Law,"[1] before driveway access to a state highway is permitted. Access to a state highway shall be only as authorized by the highway occupancy permit issued by the Pennsylvania Department of Transportation.

[1] Editor's Note: See 36 P.S. § 670-420.

E. Completed applications will be reviewed by the Zoning Officer to determine if they are in compliance with the City's ordinances and if all of the required information needed has been submitted. Incomplete applications will be returned with an explanation of what requirements have not been met. No work can be initiated until a zoning permit has been issued.

F. Zoning permits shall become null and void one year from date of issue. Prior to continuance of the activity or change for which the original permit was issued, a new zoning permit must be obtained. The zoning permit may be renewed by the Zoning Officer if there has been no change in applicable zoning regulations and if such renewal is requested within one month of the date of expiration of said zoning permit. If applicable zoning regulations have been changed, the full review and approval procedure required by this chapter shall apply. Any zoning permit issued by authorization of the Zoning Hearing Board shall not be renewed except by authority of the Zoning Hearing Board.

G. Within 60 days after the receipt of an application, the Zoning Officer shall either approve or disapprove the application or submit the application to appropriate review agencies in conformance with the provisions of this chapter. All zoning permits shall be conditional upon the commencement of work within one year and substantial completion within 2 1/2 years.

H. Prior to the issuance of a zoning permit for any use in a floodplain, the Zoning Officer shall require the applicant to indicate compliance with all applicable state and federal laws.

I. The Zoning Officer shall inspect the site during construction to determine whether work is in compliance with the approved zoning permit, and he or she may require certification by a qualified engineer or surveyor that all structures are being built to the required elevations and to other standards set forth by the zoning permit.

J. The issuance of a zoning permit is based upon the facts stated and representations made in this application. A zoning permit may be revoked if the use and/or structure for which it has been issued violates any applicable City, county, state or federal law or regulation, including but not limited to this chapter. This permit may also be revoked if it has been issued in error or if issuance was based upon any misrepresentations or errors contained in the application or otherwise made by the property owner or applicant.

K. If the Zoning Officer finds reasonable grounds to believe that there has been a violation of any provisions of this chapter, he or she shall give notice of such alleged violation. Such notice shall:

(1) Be in writing.

(2) Include a statement of the reasons for its issuance.

(3) Allow a reasonable time, not to exceed a period of 30 days, for the performance of any act it requires.

(4) Be served upon the property owner or his or her agent in accordance with law.

(5) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.

L. Any appeal from issuance or denial of a zoning permit shall be taken to the Zoning Hearing Board in accordance with provisions of this chapter and the Pennsylvania Municipalities Planning Code.[2]

[2] Editor's Note: See 53 P.S. § 10101 et seq.

§ 337-41 Zoning occupancy permits.

A. Prior to occupancy of land or structure or to the change of tenants, ownership or occupants of any structure, land or premises or any portion thereof, a zoning occupancy permit shall be obtained stating that the premises is in full compliance with this chapter.

B. The Zoning Officer may cancel or revoke a permit previously granted for violation of this chapter or of any order of the Zoning Officer or condition established by the Zoning Hearing Board or Council.

C. Upon request, the Zoning Officer may issue a temporary occupancy permit for the completion of a structure, building and/or lot, or portion thereof, before the total development covered by the permit shall have been completed, provided such portion may be used and/or occupied safely prior to full completion of the work without endangering life or public welfare. Such temporary certificates shall be for the period of time to be determined by the Zoning Officer, in no case for a period exceeding six months.

§ 337-42 Enforcement remedies; violations and penalties.

A. 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 City of Clairton, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the City of Clairton as a result thereof.

B. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Justice.

C. If the defendant neither pays nor timely appeals the judgment, the City of Clairton 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 Magisterial District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no 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 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 of this chapter shall be paid to the City of Clairton.

D. The Court of Common Pleas of Allegheny County, upon petition, may grant an order or stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

E. Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the City of Clairton the right to commence any action for enforcement pursuant to this section.

§ 337-43 Fees.

The City Council shall establish and revise, from time to time, a schedule of fees by resolution, as well as a collection procedure, for all applications submitted under the provisions of this chapter. The schedule of fees shall be available to the public from the Zoning Officer or the City Manager.[1]

[1] Editor's Note: See also Ch. 195, Fees, particularly § 195-3, Zoning and related permits and fees.

§ 337-44 Review of conditional uses; decisions.

A. Applications shall be filed with the Zoning Officer and shall be accompanied by an application fee.

B. If a land development approval is required for the conditional use, the application for conditional use approval and the application for approval of a land development required by Chapter 307, Subdivision and Land Development, may be processed concurrently or separately at the discretion of the applicant, provided that all application requirements of both ordinances for a conditional use and the land development plan are met.

C. The Zoning Officer shall forward copies of the application to the Planning Commission for review and then to the Council for review and approval.

D. The Planning Commission shall forward its written recommendation within 30 days unless the petitioner agrees, in writing, to a time extension.

E. The Council shall hold a public hearing within 60 days of the filing of an application in accordance with Section 913.2 of the MPC, 53 P.S. § 10913.2, and public notice shall be given as defined in this chapter.

F. In considering any conditional use, the Council may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as the Council deems necessary to implement the purposes of the MPC and this chapter. A violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this chapter.

G. The Council shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Council. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor.

H. Conditional use approval shall expire automatically without written notice to the applicant if no application for subdivision and land development, zoning approval for structures, zoning approval for occupancy and use or a grading or building permit to undertake the work described in the conditional use approval has been submitted within 12 months of said approval, unless the Council, in its sole discretion, extends the conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension. The Council may grant an extension for good cause shown by the applicant and provided that the extension will not be contrary to the purposes of this chapter.

I. Conditional use approval, granted prior to the effective date of this chapter, shall expire automatically without written notice to the developer if no application for subdivision and land development, zoning approval for structures, zoning approval for occupancy and use, or a grading or building permit to undertake the work described in the conditional use approval has been submitted within 12 months of the effective date of this chapter or as specified in the approval, unless the Council, in its sole discretion, expends the conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

J. All provisions of Chapter 307, Subdivision and Land Development, which are not specifically modified by the Council in approving a conditional use shall apply to any conditional use involving subdivision and land development.

K. In any application for conditional use, the applicant shall have the persuasion burden and presentation duty to show compliance with this chapter, and the applicant shall have the persuasion burden to show the applicant's request is not detrimental to the health, safety, and welfare of the neighborhood.

§ 337-45 Review of planned residential development; decisions.

A. The City shall hear and decide requests for planned residential development in accordance with the provisions of this chapter and the procedures and regulations of this chapter.

B. No proposed planned residential development may be approved or recorded and no lot of the proposed planned residential development may be sold or any structure built, altered, moved or enlarged in any proposed planned residential development unless and until the proposed planned residential development plan has been shown to meet all requirements of all applicable codes and ordinances of the City, including but limited to this chapter (Zoning), Chapter 307, Subdivision and Land Development, and the Uniform Construction Code.

C. All provisions of Chapter 307, Subdivision and Land Development, which are not specifically modified by the City in approving a planned residential development, shall apply to any planned residential development involving subdivision or land development, with the exception of the following:

(1) Application procedures.

(2) Review and approval process.

D. An application for development of a planned residential development is governed by and follows the procedure of Article VII of the MPC, 53 P.S. § 10701 et seq. The applicant shall submit all applications to the Zoning Officer.

E. Preapplication conference (optional). Before submission of an application for tentative approval, the applicant is strongly encouraged to have a meeting with the Planning Commission, Municipal Engineer, Zoning Officer, Building Official, and such other personnel as may be necessary to determine the feasibility, suitability and timing of the application. The intent of this step is for the applicant to obtain information and guidance from the City personnel before entering into any commitments or incurring substantial expenses with regard to the site and the PRD plan preparation.

F. Tentative approval. An application for tentative approval of a planned residential development shall include the following:

(1) One copy of the application form, provided by the City and completed by the applicant.

(2) Application fee for tentative approval of a planned residential development.

(3) Maps and information required by Chapter 307, Subdivision and Land Development, preliminary application contents, which shall show compliance with Subsection (4) of Section 707 of the MPC, 53 P.S. § 10707(4), and shall provide information to determine the location and size of the common areas and common open space and the form of the organization proposed to own and maintain the common areas for any planned residential development.

(4) Plans and information documenting compliance with Subsections (4) and (5) of Section 707 of the MPC.[1] Such plans and information shall indicate reasons why the planned residential development is consistent with the Comprehensive Plan and is in the interest of the City. Requested modifications to the Code otherwise applicable to the site shall be cited.

[1] Editor's Note: See 53 P.S. § 10707(4) and (5).

(5) Total number of lots for each type of residential use.

(6) Residential density. The total number of dwelling units, and for each type of residential use, the percentage in relation to the total number of residential dwelling units.

(7) Gross land area percentage for nonresidential uses. The acreage of each type of nonresidential use, square footage proposed, and location of areas proposed for nonresidential uses.

(8) General vehicular and nonvehicular patterns, including all points of access to the site for the entire PRD, including a map designating streets types and identifying those proposed for public dedication.

(9) Location and dimensions of streets and rights-of-way of the proposed street network. A street specification document shall be provided as part of the tentative plan if new streets are proposed with the PRD.

(10) Boundaries and conceptual depiction of the location and proposed use in each area of the development which includes depictions of residential and nonresidential uses.

(11) A narrative that describes the proposed covenants, restrictions and development standards and the proposed community association documents or a draft of such documents.

(12) Location of proposed public utilities, including improvements that will be owned, operated, and maintained by a property owners' association.

(13) A plan for providing stormwater control. The plan for stormwater management facilities shall be accompanied by an analysis and discussion of anticipated stormwater management methods.

(14) A plan for providing streetlighting, street trees, sidewalks, and pedestrian or bicycle trails as proposed and/or required by this chapter or Chapter 307, Subdivision and Land Development.

(15) Such other data as is reasonably found necessary by the Planning Commission and/or Council.

G. The Planning Commission shall review and discuss the proposed PRD at an open meeting and take public comments on the proposed application for tentative approval; the Planning Commission shall make a written recommendation to the Council on any application for tentative approval of a planned residential development. The Planning Commission shall set forth the reasons for its recommendation that the proposal be either approved or denied.

H. At least 30 days before the public hearing, the City shall submit the application for tentative approval of a planned residential development to the Allegheny County Department of Economic Development - Planning Division for review and comment as required by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

I. The City shall hold a public hearing on the application for tentative approval in accordance with Section 708 of the MPC, 53 P.S. § 10708. The City shall cause notice of the public hearing to be given as required by law.

J. The City shall consider whether proposed modifications in any of the requirements of this chapter for each zoning district, contained in an application for development of a planned residential development, will make for a more efficient, attractive and harmonious planned development. If such modifications, in the judgment of the City, constitute a more beneficial use of the site than provided for under the requirements of the zoning district in which the site of the planned development is located, the City, in its sole discretion, may grant the approval of the plan with modifications to the underlying zoning district requirements, subject to the following:

(1) Authorized uses shall be limited to those specified for the given zoning district in which the site is located.

(2) No modifications shall be given for density that exceeds the density established in the underlying zoning district in which the proposed PRD is located. However, a density incentive of an additional 10% above the base density established in the underlying zoning district may be granted in the sole discretion of the City if the development provides a unique design and meets current housing needs of the City.

(3) All common open space shall be reserved as permanent open space.

(4) Provisions for all planned residential developments shall be in accordance with the laws of the Commonwealth of Pennsylvania for planned residential developments.

(5) No modification shall be granted for any construction, development, use or activity within any floodplain areas which would cause any increase in the one-hundred-year flood elevation.

K. The City shall make findings in accordance with Section 709 of the MPC, 53 P.S. § 10709.

L. The official written communication of findings shall be certified by the City Manager, and a certified copy shall be mailed to the landowner and developer in accordance with Section 709 of the MPC, 53 P.S. § 10709.

M. The status of a plan after tentative approval shall be in accordance with Section 710 of the MPC, 53 P.S. § 10710.

N. Final approval.

(1) The application for final approval of a planned residential development shall be submitted within six months after tentative approval, unless the City grants an extension upon written request of the developer to a date not to exceed 18 months from the date of tentative approval. However, planned residential developments proposed in phases shall have applications for final approval made pursuant to the phase schedule set forth in the official written communication of the findings of the City with respect to tentative approval.

(2) Application content. An application for final approval of a planned residential development shall include the following:

(a) Three copies of the application form provided by the City and completed by the developer.

(b) The application fee and review fees for final approval of a planned residential development.

(c) Maps and information with the same number of copies as required by Chapter 307, Subdivision and Land Development, final application content.

(d) Ten copies of final drawings, including floor plans and elevations for all structures and buildings, other than residential dwellings, prepared by an architect, including all proposed signs, all exterior illumination and all outside storage areas.

(e) The final plat for the planned residential development shall contain those items approved in the application for tentative approval and the items in Chapter 307, Subdivision and Land Development.

(3) Seven copies of a development schedule showing:

(a) The order of construction of the proposed sections delineated in the final development plan.

(b) The proposed date for the beginning of construction on said sections.

(c) The proposed date for the completion of construction on said sections.

(d) The proposed schedule for the construction and improvement of the common areas.

(e) Two copies of deed restriction proposals to preserve the character of the common areas.

(f) If the developer elects the association or nonprofit corporation method of administering common areas, the proposed bylaws of the association or the certificate of incorporation and the incorporated bylaws of the nonprofit corporation.

(g) If the developer elects the condominium method of ownership of common areas, the proposed declaration of condominium bylaws and related documents.

(h) Instruments dedicating all public and private rights-of-way, easements, and other public lots shown on the final development plan from all persons having any interest in said lots.

(i) The developer shall guarantee the installation of the private and public improvements specified in the final development plan by providing an improvement security in the amount of 110% of the estimated cost of construction of the private and public improvements as determined in accordance with Section 509 of the MPC, 53 P.S. § 10509.

(j) Two copies of tax receipts. Paid receipts from the taxing bodies indicating taxes have been paid in full up to and including the current period.

(4) The Planning Commission shall examine the application and determine if the application meets the criteria and includes the items required and if the application for final approval complies with the conditions of tentative approval, if any. The Planning Commission shall forward its written recommendation to the City Council for final approval, setting forth its findings and reasons.

(5) Action on the application for final approval shall be in accordance with Section 711 of the MPC, 53 P.S. § 10711.

(6) Recording of the final development plan shall be in accordance with Section 711(d) of the MPC, 53 P.S. § 10711(d). The time for recording of a final development plan granted final approval by the City shall be governed by the provisions of Chapter 307, Subdivision and Land Development.

(7) No zoning permit for construction or erection of structures or for occupancy and use shall be issued until the final development plan has been approved and recorded. Upon proof of recording and certification of final approval by the City, a zoning permit shall be issued by the Zoning Officer.

O. Any amendment to a planned residential development submitted after final approval for recording which does not violate any of the conditions or requirements of the tentative approval or of the zoning district classification may be approved at an open meeting of the City after recommendation by the Planning Commission. Amendments involving substantive changes or modifications to conditions shall require a public hearing in the same manner as for an application for tentative approval of a planned residential development. Upon approval of the amendment, the recorded final development plan shall be amended and rerecorded to conform to the amendment.

P. Upon completion of the public improvements in a final development plan, the provisions of Chapter 307, Subdivision and Land Development, shall apply and govern the completion and acceptance of public improvements.

Q. The release of the improvement security required under this chapter shall be governed by Chapter 307, Subdivision and Land Development, and the acceptance of public improvements and the required maintenance security shall be governed by Chapter 307, Subdivision and Land Development.

R. The remedies available to the City to effect completion of public improvements shall be governed by Chapter 307, Subdivision and Land Development.

S. The provisions of the preceding sections are intended to make uniform the requirements of this chapter and Chapter 307, Subdivision and Land Development. Whenever the provisions of Chapter 307, Subdivision and Land Development, are amended, those amendments shall be incorporated into this chapter as of the effective date of the amendment.

§ 337-46 Improvement bond.

A. Prior to granting final approval of any site plan, conditional use or other approval required by this chapter wherein the developer is required or has agreed as a condition of approval to provide and install specific amenities, including but not limited to the installation of trees, shrubbery and other plant materials, the installation of sidewalks, fences or other landscape materials, the provision of driveways, pathways or other related remedies to circulation or the demolition and removal of any structure or nonconforming signs, the developer shall provide a completion bond to assure satisfactory completion of all said improvements. An escrow agreement and account approved by the City Attorney as to form and content shall be required in the amount of 110% of the estimated cost of such improvements.

B. The Council shall promptly release the developer from the improvement bond if, and only if, the Zoning Officer certifies, in writing, that all improvements have been completed in accordance with all agreements set forth as a condition of the required zoning approval.

§ 337-47 Amendments to provisions.

A. The City Council may, from time to time, amend or repeal this chapter, including the Zoning Map.[1] When doing so, the Council shall proceed in the manner prescribed in the Municipalities Planning Code (MPC), as reenacted and amended.[2]

[1] Editor's Note: The Zoning Map is included as an attachment to this chapter.

[2] Editor's Note: See 53 P.S. § 10101 et seq.

B. Proposals for amendment or repeal may be initiated by the City Council on its own motion, by the Planning Commission, or by petition of one or more citizens, subject to the following provisions:

(1) Petitions for amendment shall be filed with the Planning Commission, and the petitioner, upon such filing, shall pay an advertising deposit and a filing fee in accordance with a schedule annually affixed by resolution. The Planning Commission shall review the proposed amendment and report its findings and recommendations, in writing, to the Council and to the petitioner. The proposed amendment shall be introduced before the Council only if a member of the Council elects to do so. If an amendment proposed by petition is not introduced, the advertising deposit shall be refunded to the petitioner; otherwise, such deposit shall be paid to the City.

(2) For any proposed amendment introduced by any person or entity other than the Planning Commission, the City Council shall submit each such amendment to the Planning Commission for review at least 30 days prior to public hearing by the Council to provide an opportunity to submit recommendations.

(3) A copy of the proposed amendment shall be forwarded to the Allegheny County Department of Economic Development - Planning Division at least 30 days prior to the public hearing by City Council.

(4) Before voting on the enactment of an amendment, the Council shall hold a public hearing thereon pursuant to public notice, and pursuant to mailed notice and electronic notice to an owner of a tract or parcel of land or an owner of the mineral rights in a tract or parcel of land who has made a timely request in accordance with Section 109 of the MPC.[3]

[3] Editor's Note: See 53 P.S. § 10109.

(5) If the proposed amendment involves a Zoning Map change, the following is required:

(a) Notice of said public hearing shall be conspicuously posted by the Zoning Officer at points deemed sufficient by the City along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.

(b) Notice of the public hearing must be mailed by the City at least 30 days prior to the date of the hearing by first-class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidences by tax records within the possession of the municipality. The notice shall include the location, date and time of the public hearing. This shall not apply when the rezoning constitutes a comprehensive rezoning.

(6) If, after any public hearing held upon an amendment, the proposed amendment is revised or further revised to include land previously not affected by it, the Council shall hold another public hearing pursuant to public notice before proceeding to vote on the amendment.

(7) An applicant and/or interested party who requests a continuance of a public hearing scheduled to consider a zoning amendment shall be responsible for the full cost of readvertising the date of the subsequent public hearing. In order for the subsequent public hearing date to be established, the cost of the readvertisement must be deposited with the City Clerk's office.

C. Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Allegheny County Department of Economic Development - Planning Division.

D. Landowner curative amendments.

(1) A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the governing body with a written request that his challenge and proposed amendment be heard and decided as provided in Section 916.1 of the MPC.[4] The governing body shall commence a hearing thereon within 60 days of the request as provided in Section 916.1 of the MPC. The curative amendment and challenge shall be referred to the planning agency or agencies as provided in Section 609 of the MPC[5] and notice of the hearing thereon shall be given as provided in Section 610 of the MPC[6] and in Section 916.1 of the MPC.[7]

[4] Editor's Note: See 53 P.S. § 10916.1.

[5] Editor's Note: See 53 P.S. § 10609.

[6] Editor's Note: See 53 P.S. § 10610.

[7] Editor's Note: See 53 P.S. § 10916.1.

(2) The hearing shall be conducted in accordance with Section 908 of the MPC[8] and all references therein to the Zoning Hearing Board shall, for purposes of this section be references to the City Council; provided, however, that the provisions of Section 908 (1.2) and (9)[9] of the MPC shall not apply and the provisions of Section 916.1[10] of the MPC shall control. If the City does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter and the Zoning Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.

[8] Editor's Note: See 53 P.S. § 10908.

[9] Editor's Note: See 53 P.S. § 10908(1.2) and (9).

[10] Editor's Note: See 53 P.S. § 10916.1.

(3) The City Council which has determined that a validity challenge has merit may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The City Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:

(a) The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;

(b) If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or map;

(c) The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;

(d) The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and

(e) The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

E. Municipal curative amendments. If the City determines that this chapter or any portion thereof is substantially invalid, it shall take the following actions:

(1) The City shall declare, by formal action, this chapter or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal the City Council shall:

(a) By resolution make specific findings setting forth the declared invalidity of this chapter which may include:

[1] References to specific uses which are either not permitted or not permitted in sufficient quantity;

[2] Reference to a class of use or uses which require revision; or

[3] Reference to the entire ordinance which requires revisions.

(b) Begin to prepare and consider a curative amendment to this chapter to correct the declared invalidity.

(2) Within 180 days from the date of the declaration and proposal, the City shall enact a curative amendment to validate, or reaffirm the validity of this chapter pursuant to the provisions required by Section 609[11] in order to cure the declared invalidity of this chapter.

[11] Editor's Note: See 53 P.S. § 10609.

(3) Upon the initiation of the procedures, as set forth in the above, the City Council shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the MPC,[12] nor shall the Zoning Hearing Board be required to give a report requested under Section 909.1 or 916.1 of the MPC[13] subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required above. Upon completion of the procedures as set forth above, no rights to a cure pursuant to the provisions of Sections 609.1 and 916.1 of the MPC[14] shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which there has been a curative amendment pursuant to this section.

[12] Editor's Note: See 53 P.S. § 10609.1.

[13] Editor's Note: See 53 P.S. §§ 10909.1 and .10916.1, respectively.

[14] Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1, respectively.

(4) The City having utilized the procedures as set forth above may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of its zoning ordinance; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the City by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the City may utilize the provisions of this section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.

§ 337-48 Legal status of Comprehensive Plans.

A. Whenever the governing body, pursuant to the procedures provided in Section 302 of the MPC,[1] has adopted a Comprehensive Plan or any part thereof, any subsequent proposed action of the governing body, its departments, agencies and appointed authorities shall be submitted to the planning agency for its recommendations when the proposed action relates to:

(1) The location, opening, vacation, extension, widening, narrowing or enlargement of any street, public ground, pierhead or watercourse;

(2) The location, erection, demolition, removal or sale of any public structure located within the municipality; adoption, amendment or repeal of an official map, subdivision and land development ordinance, zoning ordinance or provisions for planned residential development, or capital improvements program; or

(3) The adoption, amendment or repeal of an official map, subdivision and land development ordinance, zoning ordinance or provisions for planned residential development, or capital improvements program: or

(4) The construction, extension or abandonment of any waterline, sewer line or sewage treatment facility.

[1] Editor's Note: See 53 P.S. § 10302.

B. The recommendations of the planning agency, including a specific statement as to whether or not the proposed action is in accordance with the objectives of the formally adopted Comprehensive Plan, shall be made in writing to the governing body within 45 days.

C. Notwithstanding any other provision of this chapter, no action by the governing body of a municipality shall be invalid, nor shall the same be subject to challenge or appeal on the basis that such action is inconsistent with, or fails to comply with, the provision of a Comprehensive Plan.

D. Municipal zoning, subdivision and land development regulations and capital improvement programs shall generally implement the municipal and multi-municipal Comprehensive Plan or, where none exists, the municipal statement of community development objectives.

E. Following the adoption of a Comprehensive Plan or any part thereof by a county, pursuant to the procedures in Section 302,[2] any proposed action of the governing body of a municipality, its departments, agencies and appointed authorities within the county shall be submitted to the county planning agency for its recommendations if the proposed action relates to:

(1) The location, opening, vacation, extension, widening, narrowing or enlargement of any street, public ground, pierhead or watercourse;

(2) The location, erection, demolition, removal or sale of any public structures located within the municipality;

(3) The adoption, amendment or repeal of any Comprehensive Plan, Official Map, subdivision or land ordinance, zoning ordinance or provisions for planned residential development; or

(4) The construction, extension or abandonment of any waterline, sewer line or sewage treatment facility.

[2] Editor's Note: See 53 P.S. § 10302.

F. The recommendation of the planning agency shall be made to the governing body of the municipality within 45 days, and the proposed action shall not be taken until such recommendation is made. If, however, the planning agency fails to act within 45 days, the governing body shall proceed without its recommendation.

§ 337-49 Zoning Hearing Board.

In accordance with law, the City Council shall appoint a Zoning Hearing Board, which Board shall adopt rules to govern its procedures. The Board shall hold meetings, keep minutes and, pursuant to notice, shall conduct hearings, compel the attendance of witness, take testimony under oath and render decisions, in writing, all as required by law. A fee shall be charged in accordance with a schedule affixed by the Council for any appeal or proceeding filed with the Zoning Hearing Board.

A. Powers and functions. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

(1) Substantive challenges to the validity of any land use ordinance, except those brought before the governing body.

(2) 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.

(3) Appeals from a determination by a Municipal Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.

(4) Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance.

(5) Applications for special exceptions under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance.

(6) Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.

(7) Appeals from the Zoning Officer's determination.

(8) Appeals from the determination of the Zoning Officer or Municipal 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 subdivision, land development or planned residential development applications.

B. Appeals from the Zoning Officer. The Zoning Hearing Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this chapter or of the Zoning Map or any valid rule or regulation governing the action of the Zoning Officer.

C. Challenges to the validity of this chapter. A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest shall submit the challenge either to the Zoning Hearing Board or to the governing body in accordance with Section 916.1 of the MPC.[1] Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provision thereof, who desire to challenge its validity on substantive grounds shall first submit their challenge to the Zoning Hearing Board for a decision thereon.

(1) In challenges before the Zoning Hearing Board, the challenging party shall make a written request to the Board that it hold a hearing on its challenge. The request shall contain the reasons for the challenge.

(2) Based upon the testimony presented at the hearing or hearings, the Zoning Board shall determine whether the challenged ordinance or map is defective, as alleged by the landowner. If a challenge is found to have merit, the decision of the Zoning Hearing Board shall include recommended amendments to the challenged ordinance which will cure the defects found. In reaching its decision, the Zoning Hearing Board shall consider the amendments, plans and explanatory material submitted by the landowner and shall also consider:

(a) The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;

(b) If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map;

(c) The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;

(d) The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and

(e) The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

(3) The Zoning Hearing Board shall render its decision within 45 days after the conclusion of the last hearing.

(4) If the Zoning Hearing Board fails to act on the landowner's request within the time limits, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing.

(5) The Zoning Hearing Board shall commence its hearings within 60 days after the request is filed unless the landowner requests or consents to an extension of time.

(6) Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material or proposed amendments may be examined by the public.

(7) The challenge shall be deemed denied when:

(a) The Zoning Hearing Board fails to commence the hearing within the time limits; or

(b) The Zoning Hearing Board as the case may be, fails to act on the request 45 days after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and the City.

(8) Where, after the effective date of this chapter, a validity challenge is sustained by the Zoning Hearing Board or the court acts finally on appeal from denial of a validity challenge, and the challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval in accordance with the provisions for planned residential development of this chapter or Chapter 307, Subdivision and Land Development. Within the two-year period, no subsequent change or amendment in this chapter, Chapter 307, Subdivision and Land Development, or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the sustained validity challenge. Where the proposal appended to the validity challenge is approved but does not require further application under any subdivision or land development ordinance, the developer shall have one year within which to file for a building permit. Within the one-year period, no subsequent change or amendment in this chapter, Chapter 307, Subdivision and Land Development, or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.

(9) A landowner who has challenged on substantive grounds the validity of a zoning ordinance to the Zoning Hearing Board shall not submit any additional substantive challenges involving the same parcel, group of parcels or part thereof until such time as the status of the landowner's original challenge has been finally determined or withdrawn; provided, however, that if after the date of the landowner's original challenge the City adopts a substantially new or different zoning ordinance or zoning map, the landowner may file a second substantive challenge to the new or different zoning ordinance or zoning map.

[1] Editor's Note: See 53 P.S. § 10916.1.

D. 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 property of the applicant. 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. The Board may grant a variance, provided that the following findings are made 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 such 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 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.

(5) That 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.

E. Special exceptions. The Zoning Hearing Board shall hear and decide requests for special exceptions. The Board shall grant a special exception only if it finds adequate evidence that any proposed use submitted for a special exception will meet all of the following general requirements, as well as any specific requirements and standards listed for the proposed use. The Board shall, among other things, require that any proposed use and location be:

(1) In accordance with the City of Clairton Comprehensive Plan and consistent with the spirit, purposes, and intent of this chapter.

(2) In the best interest of Clairton, the convenience of the community, the public welfare, and be a substantial improvement to property in the immediate vicinity.

(3) Suitable for the property in question, and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity.

(4) In conformance with all applicable requirements of this chapter.

(5) 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) Suitable in terms of effects on street, traffic and safety with adequate sidewalks and vehicular access arrangements to protect streets from undue congestion and hazard.

(7) The proposed use shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.

(8) 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.

(9) The Zoning Hearing Board may impose such conditions, in addition to those required in this chapter, as are necessary to insure that the general purpose and intent of this chapter is complied with and that the use of the property adjacent to the area included in the proposed change or modification is adequately safeguarded, which conditions may relate to, but are not limited to, harmonious design of buildings, aesthetics, planting and its maintenance as a sight or sound screen, hours of operation, lighting, allied activities, ventilation, noise, sanitation, safety, smoke and fume control, and the minimizing of noxious, offensive or hazardous elements.

F. Stay of proceedings. Upon the filing of proceedings before the Zoning Hearing Board appealing a determination of the Zoning Officer, challenging an ordinance or requesting a variance or special exception, and during the pendency of such proceedings before the 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 Board or by the Court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body.

G. Hearings. The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:

(1) Appeals and requests for hearings before the Zoning Hearing Board may be filed by the landowner affected, any officer or agency of the City or any person aggrieved. The appeal or application and appropriate fee, established by the City, shall be filed with the Zoning Officer and paid in advance for each appeal and application.

(2) Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer and to any person who has made a timely request for the same. In addition, written notice of the hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

(3) The hearing shall be conducted by the Zoning Hearing Board, or the Board may appoint a hearing officer.

(4) The first hearing before the Board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the City, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.

(5) The parties to the 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.

(6) The Chairperson or Acting Chairperson of the Zoning Hearing Board or the hearing officer presiding shall have 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 requested by the parties.

(7) 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.

(8) Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

(9) The Zoning Hearing Board or hearing officer, as the case may be, shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost. The appearance fee for the stenographer shall be shared equally by the applicant and the Zoning Hearing Board. The cost of the original transcript shall be paid by the party ordering it.

(10) The Board or hearing officer shall not communicate directly or indirectly with any party or his or her representative in connection with any issue involved, except upon notice and opportunity for all parties to participate, shall not take notice of any communication, report, staff memoranda or other materials, unless the parties are afforded an opportunity to contest the materials so noticed, and shall not inspect the site or its surroundings after the commencement of hearings with any party or his or her representative, unless all parties are given an opportunity to be present.

(11) The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for; make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this chapter or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Where the Board fails to render the decision within the period or fails to commence, conduct or complete the required hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant and to all other persons who have filed their names and addresses with the Board personally or by mail not later than the day following its date.