[Ord. 738, 8/18/2009]
A.
Persons with a claim for reasonable accommodation under the Fair
Housing Amendments Act or the Americans with Disabilities Act shall
submit the request in writing to the applicable Zoning Officer on
an application form which shall require that the following information
may be reasonably needed to process the request, be provided:
(1)
Specific citation of the Zoning Ordinance provision from which
reasonable accommodation is requested.
(2)
The name and address of the applicant.
(3)
The specific description of the reasonable accommodation sought
and the particulars, including exact admonitions of any proposed structural
of locational accommodation.
(4)
The condition of the applicants for which reasonable accommodation
is sought.
(5)
A description of the hardship, if any, that the applicants will
incur absent provision of the reasonable accommodation requested.
(6)
A description of any alternative methods of relieving the claimed
hardship that have been considered and the reason, if any, why applicants
have rejected such alternatives.
(7)
A statement describing why the requested accommodation is necessary
to afford the applicants an opportunity equal to a non-handicapped
or non-disabled person to use and enjoy the dwelling in question.
(8)
A description of the manner in which the accommodation, if granted,
will be terminated or removed if no longer required to afford equal
housing opportunity to handicapped or disabled persons.
(9)
A statement of any facts indicating whether or not non-handicapped
or non-disabled persons would be permitted to utilize the property
in question in a manner similar sought by applicants.
B.
The applicable Zoning Officer may hold any meetings and/or hearing
necessary in his discretion to elicit information or argument pertinent
to the request for accommodation.
C.
The applicable Zoning Officer's decision shall be in writing
and shall state the reasons for the decision.
D.
The applicable Zoning Officer shall issue his written decision to
the applicants and the applicable Borough within 30 days of filing
of the request for accommodation.
E.
A request for reasonable accommodation should be directed in the
first instance to the applicable Zoning Officer. In considering a
request for reasonable accommodation, the applicable Zoning Officer
shall, with the advice of the counsel of the applicable Borough Solicitor,
apply the following criteria.
(1)
Whether the applicants are handicapped or disabled within the
meaning of the Federal Fair Housing Act Amendments or the Americans
with Disabilities Act.
(2)
The degree to which the accommodation sought is related to the
handicap or disability of the applicant.
(3)
A description of hardship, if any, that the applicants will
incur absent provisions of the reasonable accommodation requested.
(4)
The extent to which the requested accommodation is necessary
to afford the applicant(s) an opportunities equal to a non-handicapped
or nondisabled person to use and enjoy the dwelling in question.
(5)
The extent to which the proposed accommodation may impact other
property owners in immediate vicinity.
(6)
The extent to which the proposed accommodation may be consistent
with or contrary to the zoning purposes promoted by the Zoning Ordinance,
the Comprehensive Plan, and the Community Development Objectives set
forth in the Zoning Ordinance.
(7)
The extent to which the requested accommodation would impose
financial and administrative burdens upon the applicable Borough.
(8)
The extent to which the requested accommodation would impose
an undue hardship upon the applicable Borough.
(9)
The extent to which the accommodation would require a fundamental
alteration in the nature of the Borough's regulatory policies,
objectives and regulations.
(10)
The extent to which the requested accommodation would result
in a subsidy, privilege, or benefit not available to non-handicapped
or disabled persons.
(11)
The permanency of the requested accommodation and the conditions
under which such accommodation will be removed, terminated or discontinued
which no longer needed to provide handicapped or disabled persons
with equal opportunity to use and enjoy the dwelling in question.
(12)
The extent to which the requested accommodation will increase
the value of the property during and after its occupancy by applicants.
[Ord. 738, 8/18/2009]
A.
Approval of Uses by Special Exception. The applicable Zoning Hearing
Board shall hear and decide requests for uses by special exception.
The applicable Zoning Hearing Board shall not evaluate an application
for a use by special exception unless and until:
(1)
A written application for approval of a use by special exception
is submitted to the applicable Zoning Officer. The application shall
indicate the section of this Ordinance under which approval of the
use by special exception is sought and shall state the grounds upon
which it is requested. The application shall include the following:
(a)
A Development Plan, as defined by the applicable Ordinance.
[Amended by Ord. No. 780, 8/31/2017]
(b)
A written statement showing compliance with the applicable express
standards and criteria of this Article for the proposed use.
(c)
A map showing and identifying all lots within 200 feet of the
property for which use by special exception approval is requested
and a list of the names and addresses of the owners of these lots
from the most recent records of the Allegheny County Tax Assessors
Office.
(d)
A traffic Impact analysis, if required by the applicable Ordinance.
[Amended by Ord. No. 780, 8/31/2017]
(e)
The application fee required by Article XVII of this Ordinance.
(2)
A hearing pursuant to public notice per MPC § 908(1)
is held by the applicable Zoning Hearing Board. Said hearing shall
be conducted in accordance with the procedures specified provisions
of MPC § 908(1.2) and MPC § 908(2) through (8).
(3)
Decision and approval procedures for the Zoning Hearing Board
shall be as those defined as part of MPC § 908(9).
(4)
The delivery of decision for the Zoning Hearing Board shall
be as those defined as part of MPC § 908(10).
(5)
In considering an application for approval of a use by special
exception, the applicable Zoning Hearing Board may prescribe appropriate
conditions and safeguards in conformity with the spirit and intent
of this Ordinance. A violation of such conditions and safeguards,
when made part of the terms and conditions under which approval of
a use by special exception is granted, shall be deemed a violation
of this Ordinance.
B.
Expiration of Approval of Use by Special Exception. An approved special
exception use shall be complete within 18 months following the date
of approval, unless the applicable Zoning Hearing Board has established
a different completion date at the time of approval. Also, the applicable
Zoning Hearing Board may grant an extension of time for any completion
date if the applicant or his agent requests such an extension and
if good cause for the extension is shown. There are no other exceptions
to this rule. If, at the end of the eighteen-month period or extended
completion period, the special exception use is not completed, and
if no extension has been granted, the approval of the special exception
use shall be null and void.
C.
Expiration of Approval of Use by Special Exception Granted Prior
to Effective Date of this Ordinance. Approval of a use by special
exception granted prior to the effective date of this Ordinance shall
expire automatically without written notice to the applicant if no
application for a grading permit, building permit or zoning certificate
to undertake the construction or authorize the occupancy described
in the application for approval of the use by special exception is
submitted within 12 months of the effective date of this Ordinance
or as specified in the approval, unless the applicable Zoning Hearing
Board, in their sole discretion, extends approval of the use by special
exception upon written request of the applicant received prior to
its expiration. The maximum extension permitted shall be one twelve-month
extension.
[Ord. 738, 8/18/2009]
A.
Approval of Conditional Uses.
(1)
The applicable Borough Council shall hear and decide requests
for conditional uses within 45 days after the last hearing before
the governing body. Where the application is contested or denied,
each decision shall be accompanied by findings of fact or conclusions
based thereon, together with any reasons therefore. Conclusions based
on any provisions of this Ordinance or any other ordinance contain
a reference to the provision relied on and the reasons why the conclusion
is deemed appropriate in the light of the facts found.
(2)
Where the applicable Borough Council fails to render the decision
within the period required by this subsection or fail to commence,
conduct or complete the required hearing as provided in § 908(1.2)
of the Pennsylvania Municipalities [Planning] Code, within 60 days
from the date of the applicant's request for a hearing or fails
to complete the hearing no later than 100 days after the completion
of the applicant's case-in-chief, unless extended for good cause
upon application to the Allegheny County Court of Common Pleas, 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 failure of the governing body to meet or render
a decision as hereinabove provided, the Borough Council shall give
public notice of the decision within 10 days from the last day it
could have met to render a decision in the same manner as required
by the public notice requirements of this act. If the applicable Borough
Council shall fail to provide such notice, the applicant may do so.
(3)
Nothing in this subsection 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, the findings shall be delivered to the applicant
personally or mailed to him no later than the day following its date.
(4)
Given the requirements of subsections (1) through (3), the applicable Borough Council shall not evaluate a conditional use application unless and until:
(a)
A written application for conditional use approval is submitted
to the applicable Zoning Officer no less than 10 working days prior
to the regular meeting of the Joint Planning Commission for review.
Review procedures by the Joint Planning Commission shall be conducted
in conformance with those defined in the Pennsylvania Municipalities
Planning Code.
(b)
The application shall indicate the section of this Ordinance
under which conditional use approval is sought and shall state the
grounds upon which it is requested. The applicable Zoning Officer
shall determine the completeness of the application and either accept
the applications complete and properly filed or return the application
to the applicant for resubmission if the application is incomplete
and improperly filed. If the application is returned as incomplete,
a written notice, which cites the specific requirements of this Ordinance,
which have not been met, shall be sent to the applicant. The application
shall include the following:
(i)
A Development Plan, as defined by the applicable
Ordinance.
[Amended by Ord. No. 780, 8/31/2017]
(ii)
A written statement showing compliance with the applicable express
standards and criteria of this Article for the proposed use.
(iii)
A map showing and identifying all lots within 200 feet of the
lot for which conditional use approval is requested and a list of
the names and addresses of the owners of these lots from the most
recent records of the Allegheny County Tax Assessors Office.
(iv)
A traffic impact analysis, if required or by the requirements
of this Article.
(v)
The application fee required by Article XVII of this Ordinance.
(c)
A written recommendation is received from the Joint Planning
Commission or 30 days has passed from the date of the Joint Planning
Commission meeting at which the application is first considered for
approval.
(d)
A hearing pursuant to public notice per MPC § 908(1)
is held by the applicable Borough Council. Said hearing shall be conducted
in accordance with the procedures specified provisions of MPC § 908(1.2).
(e)
Decision and approval procedures for the Council shall be as
those defined as part of MPC § 913.2(b)(1).
(f)
The delivery of decision for the Council shall be as those defined
as part of MPC § 908(10).
(g)
In granting a conditional use, the applicable Borough Council
may attach such reasonable conditions and safeguards in addition to
those expressed in this Ordinance, as it may seem necessary to implement
the purposes of the Municipalities Planning Code and this Ordinance.
B.
Expiration of Conditional Use Approval. An approved conditional use
shall be complete within 18 months following the date of approval,
unless the applicable Council has established a different completion
date at the time of approval. Also, the applicable Council may grant
an extension of time for any completion date if the applicant or his
agent requests such an extension and if good cause for the extension
is shown. There are no other exceptions to this rule. If, at the end
of the eighteen-month period or extended completion period, the conditional
use is not completed, and if no extension has been granted, the approval
of the conditional use shall be null and void.
C.
Expiration of Conditional Use Approval Granted Prior to Effective
Date of this Ordinance. Conditional use approval granted prior to
the effective date of this Ordinance shall expire automatically without
written notice to the applicant if no application for a grading permit,
building permit or zoning certificate to undertake the construction
or authorize the occupancy described in the application for conditional
use approval is submitted within 12 months of the effective date of
this Ordinance or as specified in the approval, unless the Borough
Council, in their sole discretion, extends conditional use approval
upon written request of the applicant received prior to its expiration.
The maximum extension permitted shall be one twelve-month extension.
[Ord. 738, 8/18/2009]
Areas of lot designated as being floodprone should be encouraged
for parking, outdoor storage of non-flammables, non-liquid, non-buoyant
materials, or planted buffer area. Such areas may be used for all
other permitted uses within the Zoning District where located when
such use is in strict compliance with the requirements of this Ordinance.
A.
Identification.
(1)
Flood-prone areas (floodplain areas) shall be any areas of the
applicable Borough which are identified as Zone A (area of special
flood hazard) on the current Flood Insurance Rate Map (FIRM) as issued
by the Federal Emergency Management Agency (FEMA) dated October 4,
1995, and any revision thereto.
(2)
Determination of the Regulatory Flood Elevation. For the purposes
of this Ordinance, the regulatory flood elevation, i.e., the one-hundred-year
flood elevation plus a freeboard safety factor of 1 1/2 feet
shall be used. When available, information from other Federal, State
and other acceptable sources shall be used to determine the one-hundred-year
flood elevation, as well as a floodway area, if possible. When no
other information is available, the one-hundred-year flood elevation
shall be determined by using a point on the boundary of the identified
floodplain area which is nearest the construction site in question.
In helping to make this necessary elevation determination, other sources
of data, where available, shall be used such as:
(a)
Corps of Engineers — Floodplain Information Reports.
(b)
U.S. Geological Survey — Flood Prone Quadrangles.
(c)
U.S.D.A., Natural Resource Conservation Service — County
Soil Surveys (Alluvial Soils).
(d)
Known high-water marks from past floods.
(e)
In lieu of the above, the applicable Borough may require the
applicant to determine the elevation with hydrologic and hydraulic
engineering techniques. Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in sufficient detail
to allow a thorough technical review.
(3)
Changes in Designation of Area(s). The delineation of any of
the identified floodprone area(s) may be revised by the applicable
Borough Council where natural or man-made changes have occurred and/or
where more detailed studies conducted or undertaken by the U.S. Army
Corps of Engineers, river basin commission or other qualified agency
or individual documents the notification for such changes. However,
prior to any such change, approval must be obtained from the Federal
Insurance Administration (FIA).
(4)
Boundary Disputes. Should a dispute concerning any district
boundary arise, an initial determination shall be made by the Joint
Borough Planning Commission and any party aggrieved by this decision
may appeal to the applicable Zoning Hearing Board. The burden of proof
shall be on the appellant.
B.
Application Procedures. All applications for building permits, proposed
subdivisions, or other development located within or adjacent to any
identified floodplain areas, shall, in addition to all other required
information, provide the specific information described herein.
(1)
A plan which accurately delineates the area which is subject
to flooding, the location of the proposed construction, the location
of any other floodprone development or structures, and the location
of any existing or proposed stream improvements of protective works.
The plan shall show:
(a)
All such proposals are consistent with the need to minimize
flood damage.
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located, elevated, and constructed to minimize
or eliminate flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(d)
Existing and proposed contours; information concerning one-hundred-year
flood elevations, and other applicable information such as uplift
forces, associated with the one-hundred-year flood; size of structures,
location and elevation of streets, water supply and sanitary sewage
facilities; soil types; and floodproofing measures.
(e)
Adequate information demonstrating the flood carrying capacity
of any affected water course whether or not it is to be altered.
(f)
Prior to any proposed alteration or relocation of any stream
or any watercourse, etc., within the applicable Borough, a permit
shall be obtained from the Department of Environmental Resources,
Dams and Encroachment Division, as specified in the Water Obstruction
Act of 1913, as amended.
(g)
Under no circumstances shall any use, activity, and/or development
adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch, or any other drainage facility or system.
(h)
Further, notification of the proposal shall be given to all
affected adjacent municipalities. Copies of such notifications shall
be forwarded to both the Federal Insurance Administration and the
Department of Community Affairs.
(2)
Applications for a building permit shall show the elevation
of the lowest floor (including basement) based upon National Geodetic
Vertical Datum of 1929.
(3)
A document certified by a registered professional engineer or
architect that the proposed construction has been adequately designed
against flood damage and that the plans for development of the site
adhere to the restrictions cited in this Ordinance. Such statement
shall include a description of the type and extent of flood proofing
measures which have been incorporated into the design, and the level
to which any structures have been floodproofed.
C.
Specific Design Requirements.
(1)
Structures.
(a)
All buildings and structures and substantial improvements thereto
shall be designed, located and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the height of flood waters.
(b)
All buildings and structures and substantial improvements thereto
shall be firmly anchored in accordance with accepted engineering practices
to prevent flotation, collapse or lateral movement.
(c)
Within any identified flood-prone area, the elevation of the
lowest floor (including basement) of residential structures shall
be at or above the regulatory flood elevation.
(d)
Within any identified flood-prone area, the elevation of the
lowest floor (including basement) of nonresidential structures shall
be at or above the regulatory flood elevation or be flood-proofed
up to that height.
(e)
Any structure, or part thereof, which is not elevated to the
regulatory flood elevation, shall be floodproofed in a completely
or essentially dry manner in accordance with the W1 or W2 space classification
standards contained in the publication entitled "Flood-Proofing Regulations"
published by the U.S. Army Corps of Engineers (June 1972, as amended
March 1992) or with some other equivalent standard. All plans and
specifications for such floodproofing shall be accompanied by a statement
certified by a registered professional engineer or architect which
states that the proposed design and methods of construction are in
conformance with the referenced standards.
(f)
Fully or partially enclosed space below the lowest floor (including
basement) is prohibited.
(g)
Floors, Walls and Ceilings.
(i)
Wood flooring at or below the regulatory flood elevation shall be
installed to accommodate a lateral expansion of the flooring, perpendicular
to the flooring grain, without causing structural damage to the building.
(ii)
Plywood used at or below the regulatory flood elevation shall
be of a "marine" or "water resistant" variety.
(iii)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are "water resistant"
and will withstand inundation.
(iv)
Windows, doors and other components at or below the regulatory
flood elevation shall be made of metal or other "water resistant"
material.
(h)
Paints and Adhesives.
(i)
Paints and other finishes used at or below the regulatory flood elevation
shall be of "marine" or "water-resistant" quality.
(ii)
Adhesives used at or below the regulatory flood elevation shall
be of a "marine" or "water resistant" variety.
(iii)
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a "marine" or "water-resistant" paint or other finishing
material.
(2)
Utilities.
(a)
All new or replacement sanitary sewage systems, water, gas,
and oil supply systems shall be designed to prevent infiltration of
flood waters into the system and discharges from the system into flood
waters. Additional provisions shall be made for the drainage of these
systems in the event that flood water infiltration occurs.
(b)
All stationary mechanical equipment such as water heaters, furnaces,
air conditioning and ventilating systems shall be located above the
regulatory flood elevation.
(c)
Electrical distribution panels shall be at least three feet
above the regulatory flood elevation. Separate electrical circuits
shall serve lower levels and shall be dropped from above.
(d)
No part of any on site sewage disposal system shall be located
within any identified flood prone area.
(3)
No materials that are buoyant, flammable, explosive, or in time
of flooding, could be injurious to human, animal, or plant life, shall
be stored below the regulatory flood elevation.
(4)
The finished elevation of proposed new streets shall be no less
than the regulatory flood elevation.
D.
Existing Structures in Identified Floodprone Areas. Structures existing
in any identified floodprone area prior to the enactment of this Ordinance,
but which are not in compliance with these provisions, may continue
to remain subject to the following:
(1)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure, to an extent or amount of less
than 50% of its market value, shall be elevated and/or floodproofed
to the greatest extent possible.
(2)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value, shall be undertaken only in full compliance
with the provisions of this Ordinance.
(3)
No expansion or enlargement of an existing structure shall be
allowed within any floodway area that would cause any increase in
the elevation of the one-hundred-year flood.
E.
Prohibited Activities Within a Floodplain Area. Within any identified
floodplain area the following shall be prohibited:
(1)
The construction, development or operation of any hospital,
nursing home or related care facility; jail or prison, mobile homes
and/or mobile home parks.
(2)
Any other construction or development which may endanger human
life.
(3)
Any construction or development which would include in its use
or operation the production, use of or storage of any dangerous material
or substance such as listed below but not limited thereto:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine acid.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulfur and sulfur products.
(q)
Pesticides (including insecticides, fungicides and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
F.
Variances. If compliance with any of the requirements of this Ordinance
would result in an exceptional hardship to a landowner or developer,
the applicable Borough may, upon request, grant relief from the strict
application of the requirements. Requests for variances shall be considered
in accordance with the procedures contained in the MPC and the following:
(1)
No variance shall be granted to allow any of the prohibited
activities or for any of the other requirements pertaining specifically
to development which may endanger human life.
(2)
No variance shall be granted for any construction, development,
use or activity within any floodway area that would cause any increase
in the one-hundred-year flood elevation.
(3)
In reviewing any request for a variance, the applicable Borough
shall consider, at a minimum, the following:
(a)
There is good and sufficient cause.
(b)
Failure to grant the variance would result in exceptional hardship
to the applicant.
(c)
The granting of the variance will (i) neither result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety or extraordinary public expense; (ii) nor create nuisances,
cause fraud on or victimize the public, or conflict with any other
applicable State or local ordinances and regulations.
(d)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the one-hundred-year flood.
(5)
A complete record of all variance requests and related actions
shall be maintained by the applicable Borough. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Insurance Administration.
