[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
All zoning appeals shall be in accordance with the provisions
of the PA Municipalities Planning Code.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A.
Procedure upon Municipal Curative Amendment.
1.
A participating municipality, by formal action, may declare the Joint
Municipal Zoning Ordinance or portions thereof substantially invalid
and propose that the participating municipalities prepare a curative
amendment to overcome such invalidity. The formal action shall make
specific findings setting forth the declared invalidity of the Joint
Municipal Zoning Ordinance which may include:
2.
The governing bodies of the remaining municipalities shall vote,
within 30 days following such declaration by the initiating governing
body, by formal action whether or not to declare the Joint Municipal
Zoning Ordinance or portions thereof substantially invalid. In the
event of the failure of a majority of the participating municipalities
to declare the Joint Municipal Zoning Ordinance or portions thereof
substantially invalid within the 30 days following such declaration,
the declaration by the first participating municipality shall be deemed
null and void.
3.
The declaration by a majority of the participating municipalities
of the substantive invalidity of the Joint Municipal Zoning Ordinance
shall be binding upon all the participating municipalities from the
moment the initiating governing body declares the Joint Municipal
Zoning Ordinance invalid, provided that the majority of all participating
municipalities approves of the formal action within 30 days. In the
event that a majority of the participating municipalities vote, by
formal action, not to declare the Joint Municipal Zoning Ordinance
invalid in accordance with this Section, subsection 1601.D shall not
apply.
4.
Upon the declaration that the Joint Municipal Zoning Ordinance is
invalid by the majority of the participating municipalities, the participating
municipalities shall begin to prepare and consider a curative amendment
to the Joint municipal zoning ordinance to correct the declared invalidity.
B.
Within 180 days from the date of the declaration by the first participating municipality, pursuant to subsection 1601.A.1 above, the municipalities shall enact a curative amendment to or reaffirm the validity of this Ordinance pursuant to the provisions required by § 1602, to cure the declared invalidity of this Ordinance.
C.
Upon the initiation of the procedures by the first governing body
as set forth in Section 1601.A, any participating governing body shall
not be required to entertain or consider any landowner's curative
amendment as provided for within the PA Municipalities Planning Code,
nor shall the Local Zoning Hearing Board be required to give a report
requested under §§ 1507.A and B subsequent to the declaration
and proposal based upon the grounds identical to or substantially
similar to those specified in the resolution required by subsection
1601.A.1. Upon completion of the procedures as set forth in §§ 1601.A
and B, no rights to a cure pursuant to the provisions of the PA Municipalities
Planning Code, shall, from the date of the declaration and proposal,
accrue to any landowner on the basis of the substantive invalidity
of this Ordinance for which there has been a curative amendment pursuant
to this Section.
D.
The municipalities having jointly utilized the procedures as set
forth in subsections 1601.A and B may not again utilize said procedures
for a 36 month period following the date of the enactment of a curative
amendment or reaffirmation of the validity of this Ordinance pursuant
to subsection 1601.B; provided, however, if after the date of declaration
and proposal there is a substantially new duty or obligation imposed
upon the municipality by virtue of a change in statute or by virtue
of a Pennsylvania Appellate Court decision, the municipalities may
utilize the provisions of this Section to prepare a curative amendment
to the Joint Municipal Zoning Ordinance to fulfill said duty or obligation;
provided, however, that the participating municipalities shall not
be deemed to have utilized the procedures set forth in subsections
1601.A and B either if the participating municipalities take formal
action to not declare the Joint Municipal Zoning Ordinance invalid
in accordance with subsection 1601.A.3 or if they fail to act in accordance
with subsection 1601.A.2 above.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A.
Amendment by Governing Bodies. The governing body of each municipality
participating in this Joint Municipal Zoning Ordinance may supplement,
change, modify, or repeal this Ordinance, including the Zoning Map,
by proceeding in the manner described below.
B.
Initiating of Amendments.
1.
Upon the proposal to amend, supplement, change, modify, or repeal
this Ordinance by a participating governing body, by a municipal planning
commission, by the Joint Planning Commission, or by petition by one
or more owners of property of a participating municipality, the governing
body of each municipality shall separately advertise public hearings
by the governing body of each municipality to take place within the
municipality in a newspaper of general circulation within the municipality
in all respects as required by the PA Municipalities Planning Code.
However, the participating municipalities agree that they will coordinate
the required hearings and the required advertising so that each ad
will appear in the same issue of the same paper and each ad will refer
to the same text of the summary of the Ordinance Amendment as is required
by the PA Municipalities Planning Code, so that the summary shall
only be printed once.
2.
Within the time period prescribed within the PA Municipalities Planning
Code, the County, Joint, and municipal planning commissions shall
submit to the governing body of each participating municipality a
report containing each planning commission's recommendations,
including any additions or modifications to the original proposal.
The failure of one of the above planning commissions to forward such
a report within the above allotted time period shall be interpreted
as a recommendation for adoption by the governing bodies of the participating
municipalities.
3.
Amendments to the Joint Zoning Ordinance must be approved by all
participating municipalities. The effective date of any amendment
shall be the date on which all of the participating municipalities
have approved the amendment.
4.
Each municipality shall vote on enactment of the amendment within
30 days after the conclusion of the last hearing. Upon such a vote
to enact the amendment, the other municipalities shall be notified
in writing.
5.
Failure of a majority of the participating municipalities, including
the municipalities physically affected, to vote within the allotted
time periods shall, for the purpose of this Ordinance, render the
proposed amendment null and void.
C.
Application for Amendment. Applications for Amendment of the Joint
Municipal Zoning Ordinance shall be presented or postmarked to each
participating municipality on the same day and shall contain the materials
specified in subsections one through eight below, unless the applicant
is proceeding for curative amendment or appeal within this Ordinance.
In the latter cases, the applicant shall be bound by the requirements
contained therein.
1.
The applicant's name and address and his representative and
the interest of every person represented in the application;
2.
A fee as specified by the participating municipal fee schedule charged
to any person or persons desiring to amend the Joint Municipal Zoning
Ordinance;
3.
A plan showing the extent of the area to be rezoned; streets bounding
and intersecting the area; the land use and zone classifications of
abutting districts, and photographs of the area to be rezoned and
abutting areas;
4.
A statement of the circumstances in the proposed district and the
abutting districts and any other factors on which the applicant relies
as reasons for supporting the proposed rezoning;
5.
The approximate time schedule for the beginning and completion of
development in the area;
6.
A site plan to scale, indicating the location of structures, uses,
and areas for off-street parking and loading;
7.
Information about the market area to be served by the proposed development,
if a commercial use, including population, effective demand for proposed
business facilities, and any other information describing the relationship
of the proposed development needs of the market area as a municipal
zoning officer, Joint Planning Commission, local planning commission,
or governing body shall prescribe;
8.
An impact statement indicating what such a change of zoning would
invariably have upon the community, environment, or taxes. Such a
statement shall contain the following as applicable:
a.
Agricultural Impact. What effect will the proposed change have
on existing farm operations? The amount and classification of soils
to be taken out of production and their percentage of those soils
in the agricultural area. Methods of limiting public intrusion on
neighboring farmland.
b.
Environmental Impact. Is there any change in existing environmental
standards? If so, what is the predicted impact on stormwater run-off,
aquifer recharge, erosion wildlife habitats, scenic areas, the general
amenity of the community?
c.
Transportation Impact. Analysis of existing road capabilities
adjacent to site and from site to bounds of the municipality. Indication
of projected destinations of trips and total trip generation based
on the following rates:
|
Trips per Day
| ||||
|---|---|---|---|---|
|
RESIDENTIAL
| ||||
|
Single-family
|
10.0 trips/DU*
| |||
|
Multi-family
|
8.1 trips/DU
| |||
|
Apartment
|
5.4
| |||
|
Mobile Home
|
5.38
| |||
|
COMMERCIAL
| ||||
|
Shopping Center
| ||||
|
350,000 square feet +
|
40.4 trips/1,000 square feet GFA**
| |||
|
100,000 to 350,000 square feet
|
60.4 square feet GFA
| |||
|
100,000 square feet or less
|
115.8 square feet GFA
| |||
|
Retail Store
|
69.0 trips/1,000 square feet GFA**
| |||
|
Fast Food Restaurant
|
553.0 trips/1,000 square feet GFA
| |||
|
Motel
|
9.8 trips/unit
| |||
|
OFFICE
| ||||
|
Medical Office
|
53.0 trips/1,000 square feet GFA
| |||
|
Business Office
|
10.3 trips/1,000 square feet GFA
| |||
|
INSTITUTIONAL
| ||||
|
College
|
2.50 trips/student
| |||
|
Junior College
|
1.55 trips/student
| |||
|
High School
|
1.22 trips/student
| |||
|
Elementary School
|
0.51 trips/student
| |||
|
Hospital
|
14.00 trips/bed
| |||
|
INDUSTRIAL
| ||||
|
Industrial Park
|
9.3 trips/1,000 square feet GFA
| |||
|
Single Building
| ||||
|
500,000 square feet or more
|
4.2 trips/1,000 square feet GFA**
| |||
|
Less than 500,000 square feet
|
4.9 trips/1,000 square feet GFA
| |||
|
Warehouse
|
5.5 trips/1,000 square feet GFA
| |||
|
*
|
DU = Dwelling Unit
| |
|---|---|---|
|
**
|
GFA = Gross Floor Area
|
|
Capacities for arterial and collector roads shall be considered
to be PennDOT Level C, unless otherwise classified by the municipality
as a result of a qualified traffic study. All hazardous or congested
areas, existing or to be created, shall be identified. Recommended
improvements and their costs shall be listed.
|
d.
Services Impact. Define demand for public services, sewer, water,
police, schools. Where standards of use are set by other agencies
such as the Department of Environmental Protection, these shall be
used. For schools, the following school children yields shall be used.
|
1 Bedroom
|
2 Bedroom
|
3 Bedroom
|
4 Bedrooms or More
| |
|---|---|---|---|---|
|
Single-Family, Two-Family
|
—
|
—
|
0.63
|
1.30
|
|
Atrium, Townhouse, Multifamily (other than apartments)
|
—
|
—
|
0.65
|
105
|
|
Apartments
|
0.05
|
0.35
|
0.60
|
—
|
|
All capacities of existing facilities shall be identified and
compared with demands that would be generated if the proposal were
implemented.
|
e.
Regional Impact. Regional housing needs shall be examined and
municipal performance with respect to these identified.
D.
Amendments - QA District. Any proposed quarrying operation which
entails a petition for amendment to extend district boundary lines
of the QA District shall include, as part of such petition, the following
information:
1.
Required information to accompany petition:
a.
An aerial photograph and a contour plat, drawn to the scale
of 100 feet to the inch and contour intervals of 10 feet, showing
current field topography, including the location of water courses
of the tract intended for the proposed operations and estimated thickness
of overburden and mineral-bearing strata in the tract intended for
the proposed operation;
b.
A plot plan of the lot showing the location of all present and
proposed buildings, drives, parking lots, waste disposal facilities,
and other construction on the lot; and all buildings, streets, alleys,
highways, streams, and other topographical features of the lot and
within 200 feet of any lot line;
c.
Architectural plans for any proposed building and/or addition;
d.
A plan and description of the industrial operations proposed
in sufficient detail to indicate the location and effects of those
operations in producing traffic congestion, noise, glare, air pollution,
water pollution, fire hazards, or safety hazards;
e.
Engineering and architectural plans for the handling and disposal
of sewage and industrial waste;
f.
Engineering and architectural plans for the handling of any
excess traffic congestion, noise, glare, air pollution, water pollution,
fire hazard, or safety hazards;
g.
Designation of the fuel proposed to be used and any necessary
architectural and engineering plans for controlling smoke;
h.
The proposed number of shifts to be worked and the maximum number
of employees on each shift;
i.
A landscaping plan for all front yards, side yards, and rear
yards, which shall show the location, species, and size of trees and
shrubs and area to be in lawn; said plan shall be submitted to the
local shade tree commission for approval prior to the issuance of
any permit;
j.
A reclamation plan indicating the phasing of the extraction
operation, stockpiling of the extraction material, stockpiling of
topsoil, maximum depth of extraction, proposed bank stabilization,
location of lakes where applicable, and revegetation of extraction
area;
k.
A master plan indicating the future residential land use after
the completion of the operation and reclamation of the quarry. Such
a land use plan shall be consistent with the reclamation plan;
l.
Any other data that the participating local municipal planning
commission may require.
2.
As a guide for the local municipal planning commission, the following
provisions shall be considered in making recommendations:
a.
The plan is consistent with the Joint Municipal Comprehensive
Plan for the orderly development of the health, safety, and general
welfare of the municipality.
b.
The property adjacent to the area included in the plan will
be safeguarded.
c.
The development will consist of harmonious groups of buildings,
service and parking area circulation, and open spaces planned as a
single unit, in such a manner as to constitute a safe, efficient,
and convenient industrial site.
d.
Adequate provision is made for safe and efficient pedestrian
and vehicular traffic circulation within the boundaries of the site.
e.
Provision is made for safe and efficient ingress and egress
to and from public streets and highways serving the site without undue
congestion to or interference with normal traffic flow within the
municipality.
f.
Adequate off-street parking and loading space will be provided
in accordance with this Ordinance.
g.
All buildings within the development will be served by a central
sanitary sewage disposal system.
h.
If the development is to be carried out in progressive stages,
each stage shall be so planned that the foregoing requirements and
the intent of this Ordinance shall be fully complied with by the development
at the completion of any stage.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
This Article shall be deemed modified by any later changes in
the PA Municipalities Planning Code, Act 247, applicable to the municipalities
participating in the Joint Municipal Zoning Ordinance.
