[Ord. 984, 12/14/2015]
1.
The provisions of this chapter shall be administered and enforced
by a Zoning Officer, who shall be appointed by Borough Council. The
Zoning Officer shall hold no elective office in the Borough. The Zoning
Officer shall meet the qualifications established by the Borough and
shall be able to demonstrate, to the satisfaction of the Borough,
a working knowledge of municipal zoning.
2.
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.
3.
The Zoning Officer shall have all the powers and duties conferred
upon him by this chapter and the Pennsylvania Municipalities Planning
Code.[1] The Zoning Officer's duties shall include the following:
A.
Receive and examine all applications for zoning compliance certificates
and certificates of occupancy.
B.
Notify applicants of any deficiencies in applications and request
additional information.
C.
Process applications for zoning compliance certificates and certificates
of occupancy for all permitted uses.
D.
Receive applications for uses by special exception and variances
and forward these applications to the Zoning Hearing Board for action
prior to considering issuance of zoning compliance certificates or
certificates of occupancy for the proposed use.
E.
Receive applications for conditional uses and forward these applications
to the Planning Commission and Borough Council for recommendation
and action prior to considering issuance of zoning compliance certificates
or certificates of occupancy for the proposed use.
F.
Issue permits only where there is compliance with the provisions
of this chapter, with other Borough ordinances and the laws of the
commonwealth.
G.
Issue denials of zoning compliance certificates or certificates of
occupancy, and refer any appeal of the denial to the Zoning Hearing
Board for action thereon.
H.
Conduct inspections and surveys to determine compliance or noncompliance
with this chapter.
I.
Issue notices of violation in accordance with the requirements of
§ 1501 of this chapter.
J.
With the approval of Borough Council, or when directed by Borough
Council, institute, in the name of the Borough, any appropriate action
or proceeding to prevent unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use; to restrain, correct
or abate such violation so as to prevent the occupancy or use of any
building, structure or land; or to prevent any illegal act, conduct,
business or use in or about such premises.
K.
Revoke any order or permit issued under a mistake of fact or contrary
to the law or the provisions of this chapter.
L.
Record and maintain a permanent file of all applications for zoning
compliance certificates and certificates of occupancy with accompanying
plans and documents, and maintain those files as a public record.
M.
Maintain the official Zoning District Map for the Borough.
N.
Register nonconforming uses, structures and lots in accordance with
§ 1304 of this chapter.
O.
Inspect nonconforming uses, buildings and signs when requested by
the landowner or Borough Council, and keep a filed record of such
nonconforming uses and buildings as a public record.
P.
Submit a monthly written report to Borough Council of all zoning
compliance certificates, certificates of occupancy, sign permits,
temporary use permits and all notices of violation and orders issued.
Q.
Meet with the Planning Commission no less frequently than quarterly
to advise the Commission regarding potential developments and to discuss
any problems in administering this chapter and/or recommend amendments
to this chapter.
R.
Receive all required fees.
S.
Upon the request of the Planning Commission or of the Zoning Hearing
Board, present such facts, records and any similar information on
specific requests to assist such body in reaching its decision.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 984, 12/14/2015]
The Zoning Officer is hereby authorized to institute civil enforcement
proceedings as a means of enforcement when acting within the scope
of his employment.
1501.1.
Violations. Failure to comply with any provisions of this chapter;
failure to secure a zoning compliance certificate prior to the erection,
construction, extension, structural alteration, addition or occupancy
of a building or structure; or failure to secure a certificate of
occupancy for the use or change of use or occupancy of structures
or land shall be a violation of this chapter.
1501.2.
Enforcement Notice. Any apparent violation of action requiring
enforcement by the Zoning Officer of the Borough of Bridgeville will
be pursued by the initiation of the following enforcement proceedings:
A.
Any enforcement notice shall be sent to the owner of record of the
parcel on which the violation has occurred, to any person who has
filed a written request to receive enforcement notices regarding that
parcel, and to any other person requested in writing by the owner
of record.
B.
The enforcement notice shall contain the following information:
(1)
The name of the owner of record and any other persons against
whom the Borough intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation, with a description of the requirements
that have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which steps for compliance must be commenced,
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within a prescribed period of time in accordance
with the procedures set forth in this chapter.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
1501.3.
Enforcement Remedies.
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 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,
be levied or be 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.
B.
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 the 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 of this chapter shall be paid over
to the Borough.
C.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
D.
Nothing contained in this subsection 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 subsection.
1501.4.
Causes of Action. In case any building or structure is erected,
constructed, reconstructed, structurally altered, repaired, converted
or maintained or any building or structure or land is used in violation
of this chapter or of any other ordinance or regulation made under
authority conferred hereby, Borough Council or, with approval of Borough
Council, the Zoning Officer or other proper official, in addition
to other remedies, may institute in the name of the Borough any appropriate
action or proceeding to prevent, restrain, correct or abate such unlawful
erection, construction, reconstruction, structural alteration, repair,
conversion, maintenance or use; to prevent the occupancy of any building,
structure or land; or to prevent any illegal act, conduct, business
or use that constitutes a violation.
[Ord. 984, 12/14/2015]
In all cases, any application for a permit of any of the types
described in this chapter shall be decided not only on the basis of
compliance with this chapter but also on the basis of compliance with
all other applicable Borough ordinances and all other applicable rules
and regulations of the various Borough authorities and agencies that
might be concerned, as well as state and federal requirements and
permits.
[Ord. 984, 12/14/2015]
1503.1.
When Required.
A.
No land use may be established or changed; no structure or building
may be erected, constructed, reconstructed, structurally altered,
razed or removed; and no building or structure may be used or occupied
or the use changed until a zoning compliance certificate has been
obtained from the Zoning Officer.
B.
In the instances where a building permit is required and applied
for, a zoning compliance certificate shall be prerequisite to issuance
of the building permit. In those instances where no building permit
is required, an application for a certificate of occupancy for a new
or changed use of land or structure shall be accompanied by a zoning
compliance certificate.
C.
In the case of a conditional use or use by special exception, the
Zoning Officer shall refer the application to the Planning Commission
and Borough Council or to the Zoning Hearing Board, whichever is applicable,
for a decision granting approval of the conditional use or use by
special exception prerequisite to issuing a zoning compliance certificate.
Whenever the approval of a conditional use or use by special exception
includes conditions attached to the approval, said conditions shall
be incorporated into the zoning compliance certificate.
D.
In the case of a permitted use, the Zoning Officer shall not issue
the zoning compliance certificate unless and until all applicable
regulations of this chapter have been met and, in the case of a use
for which land development plan approval is required by the Borough
Subdivision and Land Development Ordinance,[1] unless and until final approval of the land development
plan has been granted by Borough Council. Whenever final approval
of a land development plan is subject to conditions, those conditions
shall be incorporated into the zoning compliance certificate.
1503.2.
Application for zoning compliance certificate.
A.
All applications for zoning compliance certificates shall be filed
in duplicate, in writing, by the owner or his authorized agent on
a form furnished by the Borough. Copies of all required county, state
and/or federal permits as approved by the appropriate agency shall
be submitted, if applicable. The application shall include the following
information at a minimum:
(1)
All applications for a proposed use that does not involve construction,
alteration or enlargement of a principal or accessory structure shall
include a property survey showing compliance with any applicable requirements
for the proposed use, such as signage, parking, buffer areas and the
like, as well as a narrative describing the proposed use and demonstrating
compliance with all applicable criteria for approval, including, but
not limited to, any express standards and criteria for a conditional
use or use by special exception.
(2)
All applications for a zoning compliance certificate for a principal
structure where construction is proposed shall be accompanied by two
copies of a property survey, drawn to scale, showing key location
map; graphic scale; North arrow; closest intersecting public road;
exact dimensions and total acreage of the lot or parcel; zoning of
the lots and zoning of all abutting properties; exact location and
exterior dimensions of the existing and proposed buildings or other
structures; existing and proposed uses of the structures; exact location
and area of all existing and proposed watercourses; drainageways,
rights-of-way and easements; exact location of existing and proposed
driveways, streets and roads within and adjacent and opposite to the
lot or parcel; exact location of existing and proposed off-street
parking, loading and pedestrian movement facilities; exact dimensions
of front, side and rear yards for all principal and accessory uses;
and any other additional data as may be deemed necessary and be requested
by the Zoning Officer to determine compliance with this chapter.
(3)
All applications for construction, alteration or enlargement
of an accessory structure shall be accompanied by two copies of a
plot plan showing the principal structure, the proposed location of
the accessory structure, setbacks for the accessory structure, its
relationship to the principal structure, the proposed use of the accessory
structure and all easements and rights-of-way on the property.
(4)
The Zoning Officer may require an applicant to furnish a survey
of the property by a Pennsylvania Registered Land Surveyor when complete
and accurate information is not readily available from existing records.
(5)
The Zoning Officer may require additional data to determine
compliance with this chapter.
B.
It shall be the duty of the Zoning Officer to review the application
to determine if all necessary information has been submitted or request
more information of the applicant and officially receive the application
for review by the appropriate Borough agencies.
C.
All applications for a zoning compliance certificate shall be accompanied
by a fee, to be based upon the fee schedule of the Borough, as provided
for in § 1508 of this chapter.
1503.3.
Approval of Zoning Compliance Certificate. Upon approval of
the application for a zoning compliance certificate, one copy of the
approved zoning compliance certificate with the approved application
attached shall be returned to the applicant. One copy of such zoning
compliance certificate shall be kept on file in the Borough Office.
1503.4.
Denial of Zoning Compliance Certificate. In the event of a denial,
the Zoning Officer shall state in writing the reason for such denial,
including the citation of the specific section of this chapter or
other pertinent ordinances that have not been met.
1503.5.
Inspection. The Zoning Officer, or his duly appointed representative,
may make inspections on the property for which an application for
a zoning compliance certificate has been submitted, issued or completed.
1503.6.
Failure to Obtain Zoning Compliance Certificate. Failure to
obtain a zoning compliance certificate shall be a violation of this
chapter and shall be subject to the enforcement remedies of § 1501
of this chapter.
[Ord. 984, 12/14/2015]
1504.0.
A certificate of occupancy indicating compliance
with the provisions of this chapter shall be required prior to:
A.
Occupancy of any structure following completion of construction,
reconstruction or enlargement of the structure governed by an approved
building permit.
B.
Occupancy of any land or structure for which a building permit is
not required.
C.
A change in the use of an existing building, structure, water body
or land area.
D.
A change of a nonconforming use, building or structure authorized
by the Zoning Hearing Board.
1504.1.
Application for Certificate of Occupancy.
A.
A certificate of occupancy shall only be required for the first occupancy
following construction of any dwelling. Except for subsequent occupancies
of dwellings, a certificate of occupancy shall be required prior to
the use and occupancy of any structure, building, water body or land
area. A certificate of occupancy shall be required for the change
of use of any structure, building, water body or land area, including
dwellings.
B.
All requests for a certificate of occupancy shall be made, in duplicate,
in writing, on a form furnished by the Borough, completed by the owner,
or other authorized agent, and shall include a statement that the
use and/or construction authorized by the approved zoning compliance
certificate has been completed in compliance with all applicable requirements.
(1)
It shall be the duty of the Zoning Officer to review the application
to determine if all necessary information has been submitted, to request
more information from the applicant and to officially receive the
application.
(2)
All applications for a certificate of occupancy shall be accompanied
by a fee to be based upon the fee schedule of the Borough, as provided
for in § 1508 of this chapter.
1504.2.
Issuance of Certificate of Occupancy.
A.
Applications for a certificate of occupancy shall be reviewed by
the Zoning Officer. The Zoning Officer shall either issue findings
as a basis for denial or shall approve the application.
B.
Upon approval of the request for a certificate of occupancy, one
copy of the certificate of occupancy shall be given to the applicant,
and one copy of the certificate of occupancy shall be kept on file
in the Borough Office.
1504.3.
Denial of certificate of occupancy. In the event of denial,
the Zoning Officer shall forward to the applicant a written statement
containing the reason for such denial and shall cite the specific
requirements of this chapter that have not been met.
1504.4.
Time Limitations. A certificate of occupancy shall remain valid
for as long as the structure, building, water body or land area is
used in the manner for which the certificate of occupancy has been
issued.
1504.5.
Temporary Certificate of Occupancy. A temporary certificate
of occupancy may be issued by the Zoning Officer for a period not
exceeding six months to permit partial occupancy of a building, structure,
water body or land area while work is being completed, provided that
such temporary certificate of occupancy may require such conditions
and safeguards as may be warranted, including the posting of surety,
to protect the health and safety of the occupants and the public and
guarantee compliance with the provisions of this chapter or any conditions
attached to the zoning compliance certificate.
1504.6.
Failure to Obtain a Certificate of Occupancy. Failure to obtain
a certificate of occupancy shall be a violation of this chapter and
shall be subject to enforcement remedies as provided in § 1501
of this chapter.
[Ord. 984, 12/14/2015]
A temporary use permit shall be required prior to the initiation
of an authorized temporary use of a structure, land or water body
and shall meet the following requirements:
1505.1.
Approvals Required.
A.
Temporary construction trailers shall be subject to approval of a
temporary use permit by the Zoning Officer under this section, provided
that the Zoning Officer also determines compliance with § 1006.
B.
Sidewalk sales, carload sales and other special promotions conducted
on the site of an existing retail business with the permission of
the landowner for a period of not more than 72 consecutive hours shall
be exempt from obtaining a temporary use permit. Any such activity
that exceeds 72 consecutive hours in duration shall be exempt from
obtaining approval of a use by special exception from the Zoning Hearing
Board but shall be subject to approval by the Zoning Officer of a
temporary use permit, that provided that the Zoning Officer determines
compliance with all applicable standards of § 903.38 as
a condition precedent to issuing the temporary use permit under this
section.
C.
Temporary uses, such as festivals, fairs or other similar activities,
sponsored by a governmental, local nonprofit, community or charitable
organization shall be exempt from obtaining approval of a use by special
exception from the Zoning Hearing Board but shall be subject to approval
by the Zoning Officer of a temporary use permit, provided that the
Zoning Officer determines compliance with all applicable standards
of § 903.38 as a condition precedent to issuing the temporary
use permit under this section.
D.
All other temporary uses shall be subject to approval by the Zoning
Hearing Board of a use by special exception in accordance with the
criteria of § 903.38 as a condition precedent to obtaining
a temporary use permit from the Zoning Officer under this section.
1505.2.
Application for Temporary Use Permit. All requests for temporary
use permits shall be made in duplicate, in writing, on a form furnished
by the Borough and shall include a full description of the type of
use for which such permit is being sought and the dates during which
this use is proposed to be in existence.
A.
It shall be the duty of the Zoning Officer to review the application
for compliance, request more information of the applicant and officially
receive the application.
B.
All applications for a temporary use permit shall be accompanied
by a fee, to be based upon the fee schedule adopted by the Borough,
as provided for in § 1508 of this chapter.
C.
Any temporary use that requires approval of a use by special exception
by the Zoning Hearing Board shall include the information required
by § 901.4 for approval of an application for a use by special
exception.
1505.3.
Issuance of Permit.
A.
Any temporary use permit that requires approval of a use by special
exception in accordance with the express standards and criteria of
§ 903.38 shall not be issued until the favorable decision
of the Zoning Hearing Board is received.
B.
Applications for a temporary use permit shall be reviewed by the
Zoning Officer. The Zoning Officer shall either issue findings as
a basis for denial or shall approve the temporary use permit.
C.
Upon approval of the application for a temporary use permit, one
copy of the permit shall be given to the applicant. The applicant's
copy of the temporary use permit must be publicly displayed at the
site of the temporary use during the existence of the use. One copy
of the permit shall be kept on file in the Borough Office.
1505.4.
Denial of Permit. In the event of denial, the Zoning Officer
shall forward to the applicant a written statement containing the
reasons for such denial and shall cite the specific requirements of
this chapter that have not been met.
1505.5.
Time Limitations. Temporary use permits are valid for the time
period specified in the approval. Annual renewal may be granted subject
to the Zoning Officer's determination that there is continuing
compliance with § 903.38. All temporary uses shall be removed
within 10 days of the expiration of the specific period for which
the structure or use is approved.
1505.6.
Inspections.
A.
The Zoning Officer, or his duly appointed representative, may make
an inspection of the property on which such temporary use is to be
located to determine the suitability of the site for the use. This
inspection shall be made prior to issuing a permit, prior to initiation
of the use or in the event a renewal of the permit is requested, during
the time the use is in existence.
B.
In the event of such inspection, a record shall be made indicating
the time and date of inspection; the findings of the Zoning Officer
in regard to conformance with this chapter and other Borough ordinances;
and the opinion of the Zoning Officer with regard to the suitability
of the site for this use.
1505.7.
Failure to Obtain a Temporary Use Permit. Failure to obtain
a temporary use permit shall be a violation of this chapter and shall
be subject to enforcement remedies as provided in § 1501
of this chapter.
[Ord. 984, 12/14/2015]
A sign permit shall be required in accordance with the provisions
of § 1202.12 of this chapter. It shall be unlawful for any
person to commence work for the erection or alteration of any sign
until a permit has been issued.
1506.1.
Application for Permit. All requests for sign permits shall
be made in writing on a form furnished by the Borough and shall include
a full description of the proposed sign, a description of the lot
upon which such proposed sign is to be located and a description of
any other existing signs on the same lot.
A.
All applications for a sign permit shall be accompanied by two copies
of a drawing showing width of sign; height of sign; gross surface
area of sign; total height of sign above adjacent ground level; clearance
between bottommost part of sign and ground level; and, for freestanding
signs, the distance between the front edge of the sign and adjacent
street right-of-way and the distance between the side or rear edge
of the sign and the side or rear property line; the proposed message;
construction specifications; the type of foundation, structural integrity
and ability to withstand wind loads; the form of illumination proposed,
if any; and compliance with the visibility requirements of § 1003.4
of this chapter.
B.
It shall be the duty of the Zoning Officer to review the application
for completeness and compliance, request more information of the applicant
or officially receive the application for the sign.
C.
All applications for a sign permit shall be accompanied by a fee,
to be based upon the fee schedule of the Borough as provided for in
§ 1508 of this chapter.
1506.2.
Issuance of Permit.
A.
Applications for a sign permit shall be reviewed by the Zoning Officer.
The Zoning Officer shall either issue findings as a basis for denial
or shall approve the application.
B.
Upon approval of the sign permit, one copy of the permit shall be
given to the applicant, and one copy of the permit shall be kept on
file in the Borough Office.
1506.3.
Denial of Permit. In the event of denial, the Zoning Officer
shall forward to the applicant a written statement containing the
reason for such denial and shall cite the specific requirements of
this chapter that have not been met.
1506.4.
Inspections. For a sign permit, the Zoning Officer, or his duly
appointed representative, may make the following inspections on property
on which the permanent sign is to be located: prior to installation
of the sign; following installation of the sign; occasionally to determine
continued maintenance and compliance with this chapter; in response
to any written complaint; whenever the sign is proposed to be replaced
or modified; and upon cessation of the use for which the sign was
erected.
1506.5.
Failure to Obtain a Sign Permit. Failure to obtain a sign permit
shall be a violation of this chapter and shall be subject to enforcement
remedies as provided in § 1501 of this chapter.
[Ord. 984, 12/14/2015]
Borough Council may introduce and/or consider amendments to
this chapter and to the Zoning District Map. In addition, Borough
Council may consider amendments to this chapter and to the Zoning
District Map that are proposed by the Planning Commission or by a
petition of landowners of property within the Borough.
1507.1.
Petitions. Petitions for amendments by landowners shall be filed
with the Planning Commission at least 20 calendar days prior to the
meeting at which the petition is to be heard. In the case of a petition
for reclassification of property, the petitioners, upon such filing,
shall submit a legal description of the property proposed to be rezoned.
All petitions shall include a statement justifying the request and
documenting consistency with the Borough's Comprehensive Plan
and a filing fee, in accordance with the fee schedule fixed by resolution
of Borough Council as provided for in § 1508. The Planning
Commission shall review the proposed amendment and report its findings
and recommendations in writing to Borough Council.
1507.2.
Referral. Any proposed amendment presented to Borough Council
without written findings and recommendations from the Borough Planning
Commission and the Allegheny County Department of Economic Development
shall be referred to these agencies for review at least 30 days prior
to the public hearing of Borough Council. Borough Council shall not
hold a public hearing upon such amendments until the required reviews
are received or the expiration of 30 days from the date of referral,
whichever comes first.
1507.3.
Posting of Property. If the proposed amendment involves a change
to the Zoning District Map, notice of the public hearing shall be
conspicuously posted by the Borough at points deemed sufficient by
the Borough along the tract to notify potentially interested citizens
at least seven days prior to the date of the public hearing.
1507.4.
Mailing of Notices. In addition to posting the property, if
the proposed amendment involves a change to the Zoning District Map,
notice of the public hearing shall be mailed by the Borough 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 evidenced by tax records
within the possession of the Borough. The notice shall include the
location, date and time of the public hearing. A good faith effort
and substantial compliance shall satisfy the requirements of this
subsection. This subsection shall not apply when the rezoning constitutes
a comprehensive rezoning.
1507.5.
Public Notice and Public Hearing. Before acting on a proposed
amendment, Borough Council shall hold a public hearing thereon. Public
notice, as defined by this chapter, shall be given containing a brief
summary of the proposed amendment and reference to the place where
copies of the same may be examined.
1507.6.
Readvertisement. If, after any public hearing is held upon a
proposed amendment, the amendment is substantially changed or revised
to include land not previously affected by the amendment, Borough
Council shall hold another public hearing, pursuant to public notice,
before proceeding to vote on the amendment.
1507.7.
Publication, Advertisement and Availability.
A.
Proposed amendments shall not be enacted unless Borough Council gives
notice of the proposed enactment, including the time and place of
the meeting at which passage will be considered and a reference to
the place in the Borough where copies of the proposed amendment may
be examined without charge or obtained for a charge not greater than
the cost thereof.
B.
Borough Council shall publish the proposed amendment once in a newspaper
of general circulation in the Borough not more than 60 nor less than
seven days prior to passage. Publication of the proposed amendment
shall include either the full text thereof or the title and a brief
summary prepared by the Borough Solicitor setting forth all the provisions
in reasonable detail. If the full text is not included:
1507.8.
Action. In the case of proposed adoption of a completely revised
Zoning Ordinance, within 90 days of the date when the public hearing
on the proposed ordinance is officially closed, Borough Council shall
vote on the proposed ordinance. In the event substantial amendments
are made in the proposed ordinance or amendment, Borough Council shall
readvertise in one newspaper of general circulation in the Borough
a brief summary of the ordinance or amendments at least 10 days prior
to enactment.
1507.9.
Filing Amendment with County Planning Agency. Within 30 days
after enactment, a copy of the amendment to this chapter shall be
forwarded to the Allegheny County Department of Economic Development.
1507.10.
Mediation Option. Borough Council may offer the mediation option
as an aid in completing proceedings authorized by this § 1507.
The Borough and the mediating parties shall meet the stipulations
and follow the procedures set forth in § 1411 of this chapter.
[Ord. 984, 12/14/2015]
Borough 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 Borough Manager.
[Ord. 984, 12/14/2015]
A curative amendment may be filed by a landowner who desires
to challenge, on substantive grounds, the validity of this chapter
or the Zoning District Map or any provision thereof that prohibits
or restricts the use or development of land in which he has an interest.
1509.1.
Procedure. The landowner may submit a curative amendment to
Borough Council with a written request that his challenge and proposed
amendment be heard and decided as provided in Sections 609.1 and 1004
of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1] As with other proposed amendments, the curative amendment
shall be referred to the Borough Planning Commission and the Allegheny
County Department of Economic Development at least 30 days before
the hearing is conducted by Borough Council. Public notice shall be
given in accordance with Sections 610 and 1004[2] and other applicable provisions of the Pennsylvania Municipalities
Planning Code. The hearings shall be conducted in accordance with
the provisions of Subsections (4) through (8) of Section 908 of the
Pennsylvania Municipalities Planning Code,[3] and all references in that section to the Zoning Hearing
Board shall be references to Borough Council.
1509.2.
Evaluation of Merits of Curative Amendment. If Borough Council
determines that a validity challenge has merit, Borough Council may
accept a landowner's curative amendment, with or without revision,
or may adopt an alternative amendment that will cure the alleged defects.
Borough 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 Zoning District Map;
C.
The suitability of the site for the intensity of the 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 that are essential to public health and welfare.
1509.3.
Declaration of Invalidity by Court. If the Borough does not
accept a landowner's curative amendment brought in accordance
with this section and a court subsequently rules the challenge has
merit, the court's decision shall not result in a declaration
of invalidity for this entire chapter but only for those provisions
that specifically relate to the landowner's curative amendment
challenge.
[Ord. 984, 12/14/2015]
1.
If the Borough determines that this chapter, or any portion hereof,
is substantially invalid, it shall take the following actions:
A.
The Borough shall declare, by formal action, this chapter or portions
hereof substantially invalid and propose to prepare a curative amendment
to overcome such invalidity. Within 30 days of such declaration and
proposal, the Borough Council shall:
B.
Within 180 days from the date of the declaration and proposal, the
Borough shall enact a curative amendment to validate, or reaffirm
the validity of, this chapter pursuant to the provisions of Section
609 of the Pennsylvania Municipalities Planning Code (hereinafter
"MPC"), 53 P.S. § 10609, in order to cure the declared invalidity
of this chapter.
C.
Upon the initiation of the procedures as set forth in § 1510A, Subsection 1A, the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the MPC, 53 P.S. § 10609.1, nor shall the Zoning Hearing Board be required to give a report requested under Section 909.1 or 916.1 of the MPC, 53 P.S. § 10909.1 or 53 P.S. § 10916.1, 10916.1, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by § 1510, Subsection 1A(1). Upon completion of the procedures set forth in § 1510, Subsection 1A and B, no rights to a cure pursuant to the provisions of Sections 609.1 and 916.1 of the MPC, 53 P.S. §§ 10609.1 and 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this chapter for which there has been a curative amendment pursuant to this § 1510.
D.
The Borough, having utilized the procedures set forth in this § 1510,
may not again utilize said procedure for a period of 36 months following
the date of enactment of a curative amendment, or reaffirmation of
the validity of this chapter; provided, however, if after the date
of declaration and proposal there is a substantially new duty imposed
upon the Borough by virtue of a change in statute or by virtue of
a Pennsylvania Appellate Court decision, the Borough may utilize the
provisions of this section to propose a curative amendment to this
chapter to fulfill said duty or obligation.
